Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-04-04

ways look 10 Wnht Qrunt ~ going 70 10.
To him they look as their present and
future chief, and with these convictions
already settled irf their own minds, IL
will be easy TO make use Of the army
whenever exigenciss may require it 10 2
Correspondent about the Gov
ernment credit 'ai eai oi 3..
. Agent-I don't know exactly, but with
the man on horseback 10 the distance
prefer not to have too many bonds |
have invested about 100000 in New
York city real estate-Central Park lots.
Chief Justice Chase and the impeachment
e-y.2 Trial. -oJ
Impeachment is q prosecution Of the
established law" before the highest court
Of the country. It is not a means to
settle points Of etiquette, or style, or
opinion, or politics, but TO inquire into
the official conduct Of persons holding
places of trust, to find if they have COM
mitted crimes or even much smaller
offenses against the law as misdemean-
ora. Impeachment asserts the supremacy
of the law--intends to fix the fact that
no dignitary in the land shall ever be so
high as to stand above the known law, !"
but is vigorously and absolutely limited
| in its application to offenses against that
law. 1t is limited thus to preventit becom.
ing an instrument Of persecution. How
is it limited2 By the phrase that makes
it the punishment for "'high crimes and
misdemeanors; ~ for these words must be
taken in their common law sense"
Impeachment must thus have real foun.
dation in something reprehensible, as
viewed from the standpoint taken by
the law. Thus originating on present
ment by the representatives of the peo-
ple, before court in which the head of
the national judiciary sits to expound
the law, the trial, though exalted in its
elements and character, yet otherwise
differs not in essentials from criminal
prosecutions before inferior courts" 1t
is a trial in which the accusations are to
charge such offenses as the law gives the
Court of Impeachment power over; in
which the evidence, as to matters of
fact, is to be presented and scrutinizsd
in which the Judge is to lay down the
law, and verdict is to be rendered. In
every part it is an example of the ordi-
nary machinery and methods of justice
to which we arc used, differing only in
its supposed greater dignity.
Such is impeachment as regarded in
the original law on whose forms our own
laws are framed, as it is contemplated in
the plain words of the Constitution, and
as it must appear by all possible impli-
cation, if implication were necessary. 1t
is seen, then, that the court which now
has before it the Chief Magistrate of the
country is composed of jury of Sena-
tors, and is presided over by our highest
legal functionary--an arrangement that
assures an ample discrimination of the
facts that may be alleged as offensess,
and also gives certainty that the case will
be viewed with regard to the law for it
was not for nothing that the founders of
our government provided that the Chief
Justice should preside in such q trial as
this. Some have supposedthat the Chief
Justice was placed there that the Vice
President might not form part of the
court, because of his possible interest in
the Presidents removal but the Senate,
by refusing to exclude Mr.. Wade, clearly
does not hold that doctrine. And the
Senate is right; for the Chief JUS
tice was put there for another reason.
He was put there as an impersonation Of
the law--put there purely with regard to
his judicial function--that one tried for
offenses against the law might be judged
by the rules of the law. At the proper
moment this will, of course, appear for
when the evidence is all 10 and advocates
have argued the case on either side it will
be the duty Of the Chief Justice to charge
the Senate as to what they have heard
and are to determine. In that charge
the law of impeachment will be laid
down more slaborately and lucidly than
ever hitherto. Then will be stated the
real nature and purposes of such q pro
cess as well as its necessary foundation
in an impeachable offense-in an act
reprehensible, derogatory to the national
welfare and done with evil purpose.
Judging the accusations before the court |
by the rules of the already known and |
established law" the Chief Justice will
necessarily and inevitably declare that |
the prosecution has no case, that its
charges are frivolous and empty for the
most part, and that only one charge is
made that can by any stretch of law be
called impeachable," and that even in
that the purpose necessary to make 1t an
ohense is not shown. F- Ire-rth
Rightly the Sanate would be bound by
the law thus laid down but,no man can
certainly say that it will. Itmay ethat
it will fud the accused guilty in despite
of the assurance of the authorized fuHc-
tionary that there is no law for il; that
it may transcend its proper powers, as
juries have done before this, and presume
to Judge both the law and the facts. Yet
it is at least possible that there may be
more than third of the Senate not pre-
pared to take so dangerous responsi-
bility, and in that event impeachment
would fail. In either case, however, in
what position will the Republican party
find itself at the close of the trial If
the President be acquitted the very fact
will be damning evidence against his ac-
cusers, and in Mr.. Johnson's triumph
the Republicans must see their own ruin
before the country. II the President be
found guilty it will be in defiance of the
law, in aagrant, notorious violation ofthe
law, the very thing for which Il pre-
lends TO try him. Can any party do such
4 thing and live in the respect Of the
people7 Regarded in any way, impeach-
nent is the deathblow of the Republican
party. That party has committed itself
% food from which il cannot come out
aliye, and goes forward like those ami
mails that cut their throats with every
stroke Of the foet as they swim. For
,uch position, il may thank its own in
iiscrstion and heedlessness in giving MP
M principle. justice, right, and consent
nq to be led, or driven rather, By the
Eildness of fanatics, the intemperate
irsnEy of drivillers and demaeogues.
As RePublicanism hears r. sis death sem