The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-06-12
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| Has the Senate jurisdlction?
AT this point, the question as TO the guilt
or innocence Of the respondent is In no way
concerned, and therefore the limitations as
to the fiual judgment Of this court, or The
| const quences which may follow, are not
matters for our present consideration. Nor
does IT affect the case at this or any other
siege that he may be tired aud punished in
the criminal court according TO law. That
is an incident which may follow sny and
all impeachments. 1t may be more inpOr-
tant, however, that we should preserve the
constitution in that full but unoxergeraied
force and in that entire symmetry with
which it left the hands Of the olieilal fra
tners, ard y refusal by the senate to exer-
else powers actually conferred, if they have
been conferred, denying the right Of the
house to impesch an officer who has re-.
signed, would go far toward establishingt
precedent that might practically destroy
the efficacy Of all future impeachnents, ard
that in cases possibly much mere fragrant
aud important than the one now presented.
is this TO be the last case 10 appear in our
history Are we to make a breach IN the
constitution for the noiseless retreat of a
whole class Of the greatest official Grim
inals?
As IT seems to me, from a commor.sepse
yiew-and | speak with much difideLce-
the points most deserving attention are;
First, has the house Of representatives
the power to impeach?
Second, has the senate the power TO tIy
impeachments?
Third, is the identity of the person pro
posed to be impeaohed by the house Of
representatives established?
Fourth, is the ofiensc charged in the ar
iicles Of impeachment all impeachable of
Tense?
Upon these points there is no doubt sup
ges,ed in any quarter, and they must all be
answered attlrmatively.
The next point in the case presents the
only difficulty; that is to say;
Fifth, Is tie late secretary of wat, hay
ing resigned, now lmpeachsblc
There is no mi.description Of the person
charged, no imputed or fatal bluuder as TO
lhe forms Of procedure by the prosecutors,
and no doubt that the case il before the
proper tribunal; but the narrow question
still remains unanswered: Is The late sec
rotary of war entitled 10 escape all the per
lis OF impeachment by his swift resigna
tion? Can he solely by his own act defeat
our jurisdiction ? Or, if convicted, will his
voluntary removal from office necessarily
relieve him from any further penalty? The
PENALTY, IL CDuNl'ttu, COtlu MOI VI iteS llan
removal from tflice and might lie much
more Disqualification for all future time
might follow conviction, if a JUDGMENT so
severe should be held to be msrted; but
there can be no conviction whatever if The
guilty party can, as soon as he quits { flee
by resignation or otherwise, escape iuIis-
diction. If the constitution is to be inter-
preted so as to give meaning and scope 10
all its parts, If we are not by our decision
of this case to virtually wipe out forever
the whole power OF impeachment or 10
transform it into barking power that is
never bite, ii must be held, as it appears TO
me, that the words "all civil officers of the
United States, even if held 10 be jurisdic-
tional, which is at least doubtful, cover
those who have as such committed I'M
peachabe Cffenses whether in Office or rot
at the moment of impeachment, and, if in
office, they must be removed. This inter
probation would certainly appear to be en-
trely just, entraps no innocent man, Shit Ids
no guilty man, and is, so far as | know, in
harmony with all the ideas of Impeachment
current at the date of the adoption of the
constitution and exactly CORES pondent with
the language of our earliest as well As Of
the latest penal statutes, including the re
vised code. which are held to make officers
dCCOuutdDlt lOl ibNhEI lll'N
may have ceased to hold any flee. If by
resignng guilty civil officer may escape
Impeachment, the same door is open for
escape from a criminal Indictment
1t is not now contended anywhere that
private citizen, however guilty Of high
crimes. while holding DO flee under the
United States, is liable to impeachment;
and now If an fficer gully of high crimes
may by resignation of his office escape, as
has been commended, then neither private
citizens nor Ulcers, except az their own
will, can be heieaf er subjected 10 mpeach-
ment. The constitution has no more sure
ly furnished an excuse for the former than
the latter will surely furnish for themselves.
Ard thus the great remedy of impt achment
"for TREASON, bribery, ard other high crimes
and mi demesnors" of ali United States
civil officers. so indusriousy planted IN SO
many different places of the constitution,
would be torn out by the roots ard thrown
like worthless weed AWAY All OF the
carefully adjusted machinery about con-
vction by not less than two-ihirds OF the
senators present and on oath, shout fur
Their trial and punishment according 10 law
about removal from flee ard dit quail flea
ton to hold and enjoy any tffice, becomes
almost mockery in the face of the IN
edited provlso which The counsel for The
respondent now in effect ask us 10 sftiX
thereto, namely;
Pr0gidtd That the Senate shall not en-
tertain jurisdiction in the case Cf any civil
officer against whom articles Of impeaCh
ment may be presented if he shall prompt
", or at any time, tender resignation be
fore final judgment.
If the trainers of the constitution had
only ingrafted thereon such proviso, 1t
would have superseded the necessity of all
other safeguards against extreme penalties
upon the accused, aud saved much lshored
The pardouing power of the
president in all cases of impeachment was
taken away; but if resignation snaiches
away all jurisdiction, then power, too
great to be intrused to the presdeat, was
taken away only to be given 10 the party
impeached from whom the power to resign
was not taken away.
No very substantial reason has been Of
tered why official treason, bribery. and 9TH
er high crimes and misdemeanors should
be outlawed at the end Of an tiicial term
or by resignation. Deb's and perry crimes
are very properly subjeced To some limita-
ton; but crime of such magnitude as to
be worthy of a trial by this court ought
not, rs il appears TO me, TO be subject To
the plenary indulgence of statute of linn
itsiiona, or to day of jubilee. There is
no Limitation in the constitution upon this
III ct whatever; none has been cited I'M
der English precedents and no attempt Al
limita ion by statute laws to patch the con-
titution, even If the power had been given
to patch, is likely ever to be proposed and
il would seem To be a matter of too great
Importance to be INTERCEPTED into he con-
stiluton at this late day by construction or
by refusal to try case because it was be-
gun two hours too late
If it be said that, by assuming jurisdic-
be left ajar by which partisan oppression
and abuse will ultimately creep into and
pollute our history by great examples Ol