The Union flag. [volume] (Jonesborough, Tenn.) 1865-187?, 1868-03-06

this to be purely a political proceed
ing. 1t is intended for remedy for
mallepsante In office and to prevent
the continuance thereof That it is
not intended as a personal punishment
for past offenseS, but for future exam.
Pile impeachment under our consti-
tuition isvery different from impeach.
ment under English law The trainers
of our constitution did not rely tor
safety upor the avenging dagger of a
Brutus but promised peaceml rene
dies which shonld prevent that neces-
sity. u'l e..g. aa"
England had two systehs of juris-
prudence, One for trial and punish
ment Of common offenders, aud one
for the trial Of men in higher stations
whom it was found difficult to convict
before the ordinary Tribunals. This
latter proceedings was by impeach-
ment or by bills of attainder, general
| ly practised to punish official malefac-
tors, but the system soon degenefated
into political and personal persecution
and men were tried, condemned and
executed by this court from malig-
nant motives.
Such was the condition of the En-
glish laws when our constitution was
framed, and the Convention determin-
ed against the abuse of that high pow
er, so that revenge and punishment
should not be inflicted upon political
or personal enemies; hence the whole
punishment was made toConsist in re-
moval from Office and bills of attain
der were wholly prohibited.
We are to treat this question, in
which. an officer of the government
abuses his trust. or attempts to per-
vert it, for improper purposes. What
ever be his motive, he becomes sub
ject to impeachment and removal from
office.
The offense not being indictable does
not prevent impeachment, but it is not
necessary to sustain it Is Q Srorey's s
commentary on the constitution, Mad
ison and others.) Such is the opinion
of our elementary writer's, nor can
any ease of impeachment tried in this
country be found where any attempt
was made to prove the offense indict-
able and criminal
What, then, are tie official misde.
meanors of Andrew Johnson discos-
ed by the evidence?
On the End day of March, 1867,
Congress, passed an act entitled an
act regulating the TENURE of certain
civil officers. Among other provis-
ions, it enacted that no officer who
had been appointed by and with the
advice and consent of the Senate
should be removed from Office with.
out the consent of the Senate, and
that If during vacation a suspension
should be made for cause, such cause
should be reported t5-the Senate with
in twenty days after the next meet
ing, and if the Senate sfiotffa deem the
cause of suspension sufficient then the
officer should be removed and anoth-
er appointed in his stead but if the
Senate should refuse to concur with
the President and declare the reasons
insufficient, then the officer supended
should forthwith resume the functions
of his office, and the powers of the
person performing its duties should
cease.
Itis especially provided that the
Secretary of War shall hold his office
during the term of the President by
whom he may have been appointed
and one month thereafter, unless re-
moved, and with the consent of the
Senate "a aforesaid ~
Onthe 18th of August, 1867, dur
ing the recess of the Senate, the Presi-
dent removed the Secretary of War,
whose term of Office had not expired,
requiring him to surrender the office,
which wac public property, and ap-
pointed Gen. U. S. Grant Secretary of
War,ad interim H..l
When Andrew johnson assumed
the office of PresideHt he took the oath
to obey the Constitution of the Uni
ted States and to take care that the
laws be faithfully executed. This was
a solemn and enduring obligation, nor
can he plead exemption from it on ac.
count of his condition at tho time il
was administered to him. An attempt
at obstruction Of the law, not mere
omission amounting to negligence,
which would have been misdemean.
or, but bold conspiracy was attempt
cd by him to induce the General Of
tho army to aid him 10 defeating the
operation of this law, and when he
has suspended the Secretary of War,
he appointed Gen. Grant Secretary dd
interim, with the avowed purpose OF
preventing tho operation OF that law
if the Senate should decide IN favor Of
the Secretary, and he says that the
General did enter into such q conspi-
raoy to aid him in obstructing the re-
turn of tho Secretary, notwithstand.
ing the Senate might decide in his
favor. -...,r. t5.......... .,,.,.... tr.
This Is denied By the General and
a qeAtion of verucilJ, rather angrily
discussed, has arisen between them
ond thoer- erautlemnn aoem to f.ousid