Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-05
IRiop aud 9ispat Oh,
TnUEsDAr- MARCH 5. Isss.
Largest Circulation in city and state.
TnE IMPEACnEas ImpfACmrD.

THE IMPEACHERs IMPeACHED.
l. "Cangress shaH make no.iaw abridging the
freedom OF speech OF cf the Pres Art J,
amendment.
II. The right Of the people to be secure in
their persons, houses, paper, and effects.
AGAINST unreasonable searches and seizures,
shall not be violated, aud no warrant shall Issue
but upon probable cause, supported By oath or
affirmation, describing the place TO be searched,
AID the persons OF things 10 be seized" Art 3
do,
III mo person shall be held to answer for
capital or 6theF8iEe infamous. crime. unless on
a presentment Establishment Of grand jury
nor deprived Of lis, liberty. or property without
due process of law" Art . do.
~. In an criminal prosecutions, the accused
shall enjoy the right 10 n speedy and public trial
By an impartial jury" Art z. do,
Y The House OF Representatives slaH b.
soHposed Of members chosen every second year
byfhe people afthe several Safes." Art. ], sec. 2
VI. "The Senate Of the United States shall b.
c0npoaed OF two Senators from each State-snd
each Senator shall hare one vote. Art J.
VII. ono bin ofattainder or &c pat faeto law
shall be passed" Art. Z. SEE. g.
The constitution, from which we extract
these provisions, created an executive,
legislative, and 4 judicial department.
Thee three organic members are consii-
iuied for widely different ends, and so en-
dowed as 10 be absolutely independent of
each other. They are called coordinate
and eo-equal departments. The powers
granted to them are special and limited, it
being declared in the tenth amendment that
the powers not granted are reserved TO the
States respectively, or TO the people; and
40 il is declared in the ninth amendment
that the enumeration in the constitution of
certain rights shall not be construed to
deny or disparage others retained by the
people.
This makes it obvious--as nowhere in
the constitution is there word of author;-
ty for the Inauguration Of military govern
ment over the people Of the several States
that that species Of governments a pure
exotic.
Nevertheless, Congress haA declared by
special enactment, that absolute military
government shall be administered in ten
States Of the Union. In doing SO Con-
gress has abrogaied and annulled every one
Of the provisions of the constitution we
have quoted, even to the passage Of bills
Of attainder and en- post tacIo laws. Free
dom Of speech is habitually denied and
punished; the right of the people to be
secure in persons, houses and effects is ut
terly oyerthrown; grand iuries and petty
iuries are dispensed with, and trial by
martial law substituted in their places; the
House OF Representatives is not composed
of members chosen every second year by
the people of the several States; but ten
States are denied representation altogether.
The Senate is not composed Of tUo Senator'S
from each State, but the Senators of ten
States are refused admission on any terms.
The constitution expressly declares that
no State, without its consent, shall be de-
prived Of its equal suffrage in the Senate =
nevertheless, Congress has deprived ten
States of such equal outrage in the Senate.
The constitution prescribes certain qualif-
cations of persons elected by the States to
the Senate to make them eligible to admis-
sion to that body The State Of Maryland
sent Mr.. Thomas here, having all requisite
constitutional qualifications of age, residsnee'
and citizenship; but he was denied admis-
sion, These proceedings, on the part of,
Congress would beaconsidered grave errors
in ordinary times how are they to be con-
sidered now, when the Senate is about TO
resolve itself into a high court ofimpeach-
ment to try the President Of the United
States2 Are those members " no expressed
the conviction in the Senate, in the Thomas
case, that that body had no right to exact
Qualifications ofksr tan fhoae presvibsd IN
tie c0asiiiuiiOn, satisfed 20 constitute q eofrt
/ OF Impeachment with Thomas excluded =
+" No State, without its consent, shall be
deprived OF its equal suffrage in the SEN
ate" Has Maryland-has any of the ten
States consented to be deprived Of its equal
suffrage in the Senate Ii twenty Senators
are thus excluded by the act of the Senate,
| entitled 10 their seats under a law which is
irrepealable, in utter violation Of the con-
stitution, how are the consciences of the
sitting members to be satisfied ia organic
ing a court Of impeachment We are not
to presume, and we do not presume that
the Senate will be governed by mere caucus
arrangements or orders. A caucus, TO con.
suit of the impeachment OF the President
| of the United States, would Justly subject
every member attending it TO indictment
for conspiracy to overthrow the govern
ment Of the constitution. We do not for 8
moment imagine that those respectable
gentlemen composing the Senate would il
any manner lend themselves to extrinsi'
Influences 10 convict the President unde
the arraignment of the House. We arr
toldthat a hundred merchants have called
meeting 10 urge on theSenate TO convict tn,
President Next we shall have resolutions O
party conventions and instructions of ioya
leagues 10 the Supreme Court to decide
some case in favor Of Mr. Wade 10 com
pensate him for the loss Of his election b,
The people Of Ohio The beginning o
judicial management, dodging one cour
and invoking the assistance of another, ha
been seen already. But this species O
decentralization has not yet contaminate'
the Senate. Radicals in that body Their
NAV be but respectable, heightened states
men are there also 10 check the dominion
Of passion and preserve the dignity an,
honor of the Senate.
But there are twenty Senators entiue,
10 seats in the body who are excluded iron
| their places, and whose Gone vote each
cannot be counted. How is the Senate {
I constitute a court of impeachment, an
| aaSsfy the demands of the constitution, an
satisfy the imperial commands of jusiie,
| without the cooperation Of those tweni
, Senators IL the constitution has bee
shattered aud broken so az TO nullify il
fundamental provisions why is il not iu'
az lawful TO depose The President by regu
I, lar act of Congress a. 10 depOse him b
+, precisely the same vote under the proceed
: ing of impeachment Il il likely TO satii
y the country, now that Congress hs
~ grossly uolafea he Constitution
to depose the President for r0iatiHg a Ia
which half The Republican press and thres
3 fourths Of the people believe 10 be withoe
constitutional warrant whatever Il is
higher oaense 20 disregard the tenure {
Office law by the President than 20 SUI
: pres trial by Jury by Congress? Ought NJ
q prosecutors 60 come 10 their work wit
IT clean hands
i Bot in the present proceeding the Pres
m dent construed the tenure act precisely {
's il was construed BY Mr. Sherman and
dozen other Senators, when il was befol
the Senate for consideration. The far
section declares expressly that the Seer
laTy Of War shall hold his Office duriu
the term Of the President by whom he Wi
3 | appointed, and one month thereafter. NJ
Stanton was appointed early in Mr. Lii
n coln's frat term and, Of course, his term
IT expired on the 81 of April. 1865 VIII
% can be plainer2 Stanton had no Office, e,
's cepi by aIfierance
a. p,,t ravsrt hsiesa The prosi3,yt a. 40 I