The New York herald., 1868-04-21
SPECIAL CORRESPONDENCE OF THE HERALD.


TIE Judsment Of the Senate in Impeachment
Cases-What it Mcans--RemOval Not Me-
eessarily the Result Of Convictiou-A New
Peins Regarding the Power of Appeal
Can the Supreme Court Review Impeact-
nent Casess
WASHINGTON, April 90 1868.
DOES REMOVAL NECESSARILY FOLLOW CONVICTION?
In my dispatches last night alluded briefly to
point that is being much discussed at the present
moment to wit the power Of the Senators, sitting
% Court Of Impeachment to convict the President
OF the charges preferred against him without
hficting the penalty of removal and disquali.
hcation to hold onice in future. good
deal 10 said on both sides of the question,
some holding that the penalty necessarily follows
conviction and others that the two are entirely dis
tnct and left wholly to the discretion of the sena.
tors. The only thing In the constitution bearing
up0n the point is to be found In the seventh
clause Of the third section, article one which reads
a. follows
Judgment In cases of impeachment shall not ex-
tend further than to removal from Office and dis
trust or profit under the United Sates but the party
convicted SHALL nevertheless be liable and subject to
Indictment, trial, Judgment and punishment accord
The meaning Of the language Of this clause
seems plain and simple. 1t merely prescribes how
great the punishment may be, limiting 1t to certain
penalty, as removal from Office and future disquaif
cation, without declaring that such penalty must
be indicted as the necessary sequence Of conviction.
Under this common reading the clause it is
patent that the Senate is at liberty to fix any degree
Of punishment short Of removal and disqualified
tion, and in Its discretion, after finding the ac
cused guilty, either merely reprimand or censure him
or remove him from ONCE, with or without future
disqualification.
In this view Of the case removal is not at all cer-
tain result Of conviction, though, Of course, the
probability Of conviction without innicting the
penalty is rather dubious The radicals could not
gain anything by adopting such plan, while they
would be sure to lose great DEAL inasmuch they
would leave the convicted President still in power to
laugh at their lame and mpotent conclusion, and 1t
would give the impression that the great party which
has made impeachment Its battle cry and expended
upon It 80 much thunder, feared, when put to the
direct test to carry out their own policy. The dea
therefore, that conviction without removal is among
shinss probable may be dismissed without further
consideration.
There is plan, however that might be adopted
Win safety by the radicals supposing them to be
convinced that the President has not committed
crimes meriting removal from ONCE and that TO In
met the penalty under such circumstances would be
ruaous to their party. briefly alluded 10 this plan
n my Dispatches last evening It Ia ths:-Let
them hold meeting among themselves and resolve
% vote unanimously for acquttai. Let not single
radical Senator show that In this trial he Is Influenced
BY partisan prejudice or by any other motive incon-
sistent with the solemn oath he has taken
- consider the fairly and mpartialy. The effect
Of such show Of unanimity would he sure to have
splendid erect II would elevate them in the estma-
ton Of the people generally as well az OF their
oonstttuents and gain them more solid and lasting
praise than they could hope TO achieve by the mere
sr Sf srsas maenanimy Besides Il would be- doing
great benent TO themselves II would save them
fom the disgrace Of committing the monstrous
crime OF convicttnR an innocent man and condemn
ING him 70 political death forever. Senator'S indeed
would thus he acquitting themselves and not the
President OF the United States whose only crime has
been the construction OF law In accordance with
his convictions of the meaning OF the constitution
Is THE DECISION OF THE IMPEACHMENT COURT
NECESSARILY FISALf
The popular answer to this question would seem
70 be decidedly In the affirmative; but there is httle
President Johnson that would seem 10 leave the ques-
uon m considerable doubt. In ordinary impeach.
President Is not on trial perhaps the Judgment
Of the Senate s and should be nnal But what ie the
state OF facts IN the present caseS The controversy
n between two coordinate branches OF the govern
Dent-the legislative and the Executive. The legis-
lstve branch constituting the constitution for itself
sumed 10 be constitutional. The Executive. which
n sworn TO enforce the constitution and laws con-
ana acted accordingly, n is assumed, in removing
stanton from once Here then Is the whole case in
few words-a difference In the construction OF law
by two coordinate branches OF the government for
which difference branch is placed upon trial by the
other. the House Of Representatives part Of the
legislative branch, has become the prosecutor, and
tne Senate Of the United states, another part OF the
same branch, has become the judges and jurors OF
the law and the facts. Both the House and the
Senate are necessarily interested parties In the
peeut, inasmuch they passed the law, about the
constitutionaty Of which there Is difference OF
mo constitution says the Senate shall have the
eoee power to try ell mpeachments, but It does
NOS say tnat the decision In such case may
NOS De reviewed by the third coordinate branch
OF tne government, upon which is conferred the en-
tre judicial power, which Is made the grand centre
NON winch all the leese judicial powers radiate and
20 which they must be subordinate. Now, suppose
IN tne very case that the President should be re-
meved from once and disqualified. Suppose that
6eSore or terwards the constitutionality Of the
Supreme Court, and thar the decision Is against the
Representatives, and Senators-w'l it be contended
That The Judgment OF the Impeachment Court s
se1m 70 be sustained, and that q man il
- - punshed for being Of the same
0p1nlen - 70 the highest judicial tribunal OF the
hndf VIII II be said that Andrew Johneon depoeed
- have no redress and that there n no means nv
vnpn the cnee may be brought - the supreme Cont
~ a1budtcsttoni II this b %, then We have the