, 1868-03-20
IMPEACHMENT.

1 y
were had in this matter by the appearance of
the President by his counsel, Mr.. Stanbery,
with Messrs. Curtis, Nelson, Black and Ev-
arts as associates. Forty days time was
asked for preparation for trial, proceeding
upon a plea of not guilty, which was denied,
and after considerable discussion, of which
the telegraph gives but meagre and unsat-
isfactory account, the Chief Justice ordered
that the President be required to file answer
on Monday, March 23d, which action on his
part and the negatiVing of the order Offered
by Mr.. Bingham, that on fling replication
by managers, the trial proceed forthwith, by
vote of 25 to 26, indicates more consrv-
ative feeling on the part of the Court than
was expected, and that the summary dispo.
sition of this matter, although prejudged to
a certain extent, would not be allowed.
Mr.. Nelson argued the necessity of cauti,us
deliberation, and said that the last two
charges (articles of impeachment) opehed
Pandora's box, which would necessitale .
full investigation of all points of difference
between the President and Congress, which
clearly indicates that this muddle will assume
proportions of more magnitude than first
contemplated, and we may anticipate some
rich developments in regard to the inside
workings aud purposes of the Radical Rump.
1t wes evidently the expectation of the
managers that Mr.. johnson would rely upon
his answer as his defence, to be supported by
testimony, which they had previously de-
clared disregard for, and to have regarded
the case as closed upon the filing of their
replication, and upon impeaching him, and
being unable to forcibly eject him from the
White House, (Which has always been res
garded by them as the most difficult part of
the programmed to have used the proceed
ings as an efficient campaign document to
prove him a usurper, and that the demo.
cratic party sympathized with him.
Unfortunately for these well devised plans,
the Court has shown different disposition,
and it is now, only to be apprehended, that
it will suddenly manifest such regard for the
authority and responsibilities of two Of the
coordinate branches of the government. as to,
by diatory action, allow the whole affair to
be absorbed by the important political ques
tiOns of the day.
That the Supreme Court has before it,
questions that would determine the whole
controversy. That Mr.. Johnson's duty as
Chief Executive, in accordance with his oath
of office, to Support and defend the consti>
tuition" is to veto any act of Congress, the
constitutionality of which he entertains any
doubt, and upon any attempt to disregard
such veto, by vote not two thirds of Con-
gress, as provided by the plainly written
terms Of the constitution, to suspend the en-
forcement of such act until the Supreme
Court should determine its validity. That
Congress is not the sole judge of the consti.
tutionality of its own acts, but that it is now
attempting to be SO. That the Supreme
Court cannot, and certaiLly would not ignore
its own existence by concediug to such an
assumption; are propositions which every can.
did mind must admit, unless we concede the
authority of the "higher laW doctrine" over
the written law, regarding the constitution
as being made for temporary purposes and
guaranteeing no rights to a minority that a
majority are obliged to respect.
Conviction in case of impeachment requires
the concurrence of two-thirds of the mem
berS present, at the same time the constitu-
tion requires that "No State, without its
consent, shall be deprived of its equal suf,
frage in the Senate" necessarily upon the
grounds upon which the President has recog-
nized the action of Congress, the votes of so
Senators will be required to give validity to
any act requiring twothrd vote CT that
body.
1t is now universally understood that the
American government has been establishing
precedeuts for itself instead of following those
established BY governments whose purposes
were, and arc, antagonistical to ours Under
the anomalous positions of two of the Coz
ordinate branches of the government, never
contemplated by the wise meu who framed
our organic law, the Executive can certainly
exercise as much latitude in his defense as
the House.of Representatives can exercise
arbitrary power in the prosecution. The en-
tire controversy could have been, can now, aud
will have to be determined by the third CO.
ordinate branch of the government, the Su-
preme Court, and we have no hesiiancy in
expressing the opinion that Mr.. johnson
will never vacate the Presidential chair until
the exact status of the government now CON-
trolling the country shall be determined, and