The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-05-03
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INPEACHMENT


The most remarkable of American crimi..
nal cases is reaching the end of trial. A
criminal case sui generis. and scarce within
either the form or spirit of ordinary judicial
procedure. To the public the proceedings in
the trial have been merely pro ,fc,ma it is
the decision of the Senate that the nation
awaits with the greatest concern and anxiety.
The subject has been thoroughly and pro
foundly discussed, not OILY by the managing
counsel in the trial, but by the people and
the press. Argument now ID supererogatory.
There is nothing TO add we all await the
verdict. But the trial itself, the nature of
impeachment, and the real offending of Mr..
Johnson-the gravamen of bis SHINING, and
oil his defense, as we'll, may suggest an antic,
ipation of what the verdict will he.
The United States is the child Of Great
Britain. Our common, and even statute law
the latter for the most part but the Eng
fish common and statutory law in American
dress-onr literature, mental habtudes, Gus,
toms, usagesr and even political convicions
aud Institutions are SO largely inherited, that
we are wont TO deem them American ouly by
sdopton. The careful devotion of the Amer
ican lawyer and judge to English law pre-
eedents has infected American opinion.
We put the American present in the pupiage
o. British past. We lose our identity in
hers. We measure the Constitution of the
United States by the English Act of Success.
sion, and eonstrue cur bills of right by mag,
ma chorta. An eminent Western iurist said.
in substance, that he wished there was not an
English law text book or law report in Amer
lea. He wanted to cut his English leading
strings. We don't incline TO his sweeping
Expurgatorinm, but It's indubitable, that
much American law, much American opin-
ion, lacks distinctness and force because ii
has been left partly and quasi English it has
never been made completely and distlnctiyely
American. And in no one particular does
this remark more directly apply than in The
matter of impeachment. The Constitution
provides for Experimentation the impeach~
ment of the President--who shall prosecute,
before what bar, and what the judgment of
the court shall be. impeachment, then be-
ing provided for in the fundamental and or
gahic law of the land, is, distinctively Amer.
jean. But the term itself, and the trial s,
designated, we're Eoglish. They had been
features OF English history and adminis,ra.
tion since the reign of Edward Third. And.
as the trainers of the constitution merely pro-
r'oed tor impeachment in general terms, II
was to have been expected that what has oc-
CURED would occur-that when the time
came to resort to en- impeachment, there
would be resort to English precedents-
that English modes Of procedure would he
adopted, and that American impeachment
would be fashioned as nearly as possible after
The English modes. Here, ia the nrasen,
trial, there has been contest between the
managers for Congress and the counsel of Mr..
johnson; the former trying to give the trial
and the offense distinctively American char
scser' while MIR. Johnson's attorneys hare
soughtto mako the trial as nearly as possible
arevamped British impeachment case. i. Is
fundamental principle of the English trial
mat Judgment on impeachment must pro-
ceed on the same evidence which would be
required in the ordinary courts Of Justice 3
Hisa technical trial, following technical
forms, and consequent judgment. Great law
yefs, OF long practice, it is known, are con-
SENTATIVE and jealous for precedents. and This
may explain the votes Of three Republican
Senators during the trial Trumbull, Grimes.
ana fessenden: The precedents for impeacb.
mens, that the American lawyer examines
eI'er looking through our own few cases. arc
British. AK
We claim that to impeachment a dis,;,c,
ively American character should be given
"lie IL omitted to attach to il any mere
forms, we claim, that the Constitution did
give 10 II distinctive and Specifically Amer
lcan Character Under it, Judgment in case
q impeachment extends only 10 election
from Office, and in the greatest extremity onlv
% permanent disqualification for holding Of
nee. Il the otiense can be construed by the ;nae.
ment, impeachment with na, is not erim;.
mai trial. that is, as for an ofense aeains, in
WViauai or public security; it is po,i,icsl
'iali That is for an offenss, against the public
sovereignty. The penalty is directed ~, :.
20 case OF crime against the person of The Of.
.saoer' 1t is directed against the occap,nt oe
- omce Is the assertion BY the people ne
.1ei sovere'gnty-of their right To con,ro,
.ne'f on'ces as against the occupants who .ra
their servants or employees. - = :
In England soyereisrt, !. i'd
aad impeachment 10 for crime. and i. s 81,
Any . imprisonment or death. In ~ r.:
80 ssates' sovereignty i in the peonle .na
impeachment Is for mal-admin;.,,.,;a n1
noah Webster. Who had, With Alsr.naa.
=. Amikon, Joha jar, Oliver Wolco1t "a -.
,.;,n ' p.oioaadl, discussed the Federal Con.
..l'o'ion' defined iupsachmss., -. .era..
NO'' o. charge brought asAia,, . pnbl,o =
eef Tor Observation-Disclosures /, =.
And hs defined NIL.
m.n.~- aur r,st-' sttice."
.4nent Of pufs.,c sG.; a''on- hso
festive conoas. In 80 .ninis,ra,ion, or the per
'o.@ -. : ~ eiAl duties, particularly Of
-. 4 ministerial duties prescribed
p. James Madison assumed that :
dent would be impeaebed If be cause.
- .a'ned one OF his Cabinet on. OF Office.
mpesehmsnt must have dis,;nc,;velv
n character. We repeat ,ba, ~.
-. = 'ns uovernment i. III. sove,a;an,-
she people. The people have .aa Ign,
& aest that sosereign,y a. q an ~ snsu'a
IseFs, % y 70 have q proper and $50 Ana
y adniuistration Of those Offices. IA :,
= sAaa the organization Of our Gov.rr,n :.
smplssee Let il be remembered II !,
people alo1e hsve right 10 thc Office,
e m, ffsssdsnt, Jadss Or Legislator, has
aay right pr =, 10 ii off;ce. II. an. !. !,
- sh q tie psopls. moi for hinsslf,
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