The New York herald., 1868-03-01
SPECIAL CORRESPONDENCE OF THE HERALD.


Impenchmcnt-Tbe Constitutional Penalty
DOubts TO the Action Of the Sennte-Lcg-
isIntion not EstnbIinsed Law Until lex.
pounded by the C0urts-AIenns of Procuring
Such Judgments-The Theory of the Consti-
tuition.
Thore seems TO be growing feeling that the Senate
will not convict the President Of the "hgh and
msdemeanors' Of which no Is mpeached by the House.
precisely because It asserted tnat that BODY will not be
OF opinion that the offences charged "hgh crimes
and misdcmeanors." Among the most radical and even
rabid Of the well informed republicans that have visited
tho capital since the impending impeachment proceed
ings there strong expression against impeachment
for tho offences presented the ground that the
try will not sustain It, there being evidence Of Grim.
ina the part Of the President and there being
strong conviction the minds OF the people that Mr.
johnson has done only what immemoriai custom has
established and sanctioned constitutional and right
There is also . firm belief that had Andrew johnson
been Andrew Jackson instead he would have long
shaken of the Congressional sha kes that have been
fastened upon him; but this better sentiment IL
probably entertained only by such would
have been pleased with such demonstra-
tons the par. Of the Presdcnt had hs marked out
such course for himself II fact, however. that
Of the most rod hot republicans in the city Of New
| York. who has been nrst and last . radical and
declares that tho conviction Of Andrew johnson the
offences charged will result in disaster to the republican
party for the above given-an entire lack Of
ciminal design his part He says that neither the
country the world will approve such conviction
and that its contamination will be the stupcndous
political blundsr
There are republicans and perhaps Others who sug.
gest that the President may be mpeached without the
nnicton OF the extreme penaty-future disqualified
ton to old Office, &c. BY such II is thought that the
consequences Of impeachment 10 with Congress- and
that compeent for that body to impose much
as little Of the penalty prescribed bv the constitution
1t shall please. This is the opinion OF certain
members Congress and Of the famous Committee OF
Seven. but all such must have failed to read the
sorganic law" for therein 10 said that upon impeach
ment the convicted party shall thereafter be forever
disqualified 10 hold Office II is therefore, question with
which congress has nothing to do Impeachment alone
pcachment arc prescribed by the constitution and by
its they attach the moment Of conviction and
ana sa @ ~ h.ve cse U
the world the spectacle OF President constitutionay
and cyilly dead because OF an act sanctioned by all
usages the government and never before thought
other than the privilege and prerogative OF tho Execu
tive. A citizen distinguished for past patriotic
services his country TO DO made Vice President OF
the United States by the vote OF the people is
for the performance OF act which is the privilege OF
every citizen and has always been practsod In cases OF
hardship under the law disregard view 10 IT,
TO be branded n feon and his name handed over to
history for record tho criminal side OF tme nor 10
easy TO how the intent change the fact so far
a. the President Ia concerned, even we're proper Tor
Congress TO enter upon an inquiry based upon the
evidence OF others than himself TO the secret motives
OF the President touching tho removal or Mr. Stanton
Tue sole result OF the act would remain the same as was
OF course known 10 Mr. johnson before II was done.
An appeal 10 the courts alone could determine the right
aud adjust the points OF difference between himself and
Congress He Of knew the legality or iegaliy OF
his order must be settled by judicial decision before u
could lie permanenty effective and knowing this how
u be SAID that he could for moment have contemplated
any other course Such assertion would be 20 impute
ignorance OF the consequences OF his act TO Mr. John
son and ignorance alone; and hence he should b con-
vcted OF ieuorancs ana nothing else, he - to be con-
v.cted st all But those having the matter IN charge
know very well that Mr. Johnson from the hrst could
not possibly have anticipated any other result than
legal contest Is as idle for them 70 tell the people
otherwise as silly TO assert the contrary TO those
who are better Informed than the masseS
- were not the csss that the people or the agent Of
the people may resist or disregard Law for the pur-
pose OF putting s validity In question and framing an
issue Tor the courts thereon the Legislature would b
supreme and the government . dcFpOtism. For how
else can the matter be brought before the coursf and
indeed, were Otherwise vhat need Of courts at ALI II
10 the province OF the Legislature 70 enact laws OF tho
coarts 70 expound them, and OF the Executive 70
cute and enforce them The very nature OF the func
tons Of each branch Of The presupposes that
Al all, t least that quesNeaabe Law will not be en-
forced TO any great srtefi until is validity
has the judicial sanction Else, before asked what
need OF courts al ALI II unconStutonal and nvad
law IL ever 70 be 90 pronounced ~ eonfessedy should
b done before the citizen subject has besn oppressed
bylt 1ut, n not when 10 u 70 be dsus ana bow is u
70 - snNessd. Obviously Only By ~ appeal V ths