Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1876-03-17

at the hands of Lamar, of Mississippi. The
question was whether the judgment of the
Senate in case of conviction in impeach-
ment was in the eye of the law 'spunish-
ment." Lamar contended that it was,
Blaine contended that it was not. The N.
Y. ''Tribune" speaking Of the scene says:
ssBut right into the midst Of this serious
constitution discussion came Mr.. Blaine,
cudgels and roaring hard
names. What had made him mad, we
Should like to know. He beloved insult
and defiance in that bold and violent ma n
ner which he has apparently adopted un-
der the impression that it indicates vigor-
Gus mind. He stood in the centre OF a
crowd, and exploded denunciations, and
swung the lash of invective until he had
converted the House of Represe natives
into a bowling mob He dared the dem
ocrats to withheld the committees testi-
mony from the grand jury. He hurled at
them an accusation whose assurance stag
gers belief, of combining to block the
wheels of justice that Belknap might es-
CAPE He bore down remonStrance by
strength of lungs, until after two hours of
excitement Mr.. Lamar succeeded in beat
ing him and restoring quiet"
The Congressional Record shows how
Lamar got him, as follows:
Mr.. Lamar: You said it was absurd to
say there was anything punishable in AN
Impeachment and when my friend from
Tennessee Mr.. Bright, the distinguished
gentleman from that State, spoke Of two
concurring Jurisdictions, one having al
ready acquired it by initiating the proceed
ing it could not be ousted, the gentleman
inflicted upon him that most terrible Of all
punishments, the forfeiture of his respect
forhim as an attorney. [Laughter.] I
trust the gentleman will survive, and, in
full view of that penalty myself, | assert,
sir, it is true, and that an impeachment is
penal trial That there is judgment, con-
viction, and, in the very words which the
gentleman used, punitive" punish
ment.'
Mr.. Blaine: Then the getleman takes
the ground that the man could be twice
punished for the same offence? 1 say
that impeachment is protective, and that
the criminal jurisdiction is punitive.
Mr.. Lamar: Are you sure OF that
Mr.. Blaine: Yes, sir.
Mr.. Lamar: Then let us form this issue,
plain and complete. The gentleman says
there cannot be two punishments inflicted
on an individual for the same offence. The
same offence. Here is the Constitution,
which says that the officer shall not only
be removed from office on impeachment
and disqualified to hold Office thereafter,
but that he shall be subject to Indictment,
conviction, and punishment by jury be-
sides.
Now, sir, there is the Constitution. That
answers the question Of the gentleman.
And am afraid that the gentleman will
lose his respect for the Constitution when
it responds to his question by saying that
a man guilty of an impeachable offence
shall be punished not only by removal from
Office, not only by disqualification to hold
office, but also by Indictment, conviction,
and punishment.
Mr.. Blaine: Read it. Read it from the
Constitution.
Mr.. Lamar; Here it IS, Sir
Judgment
Mr.. Blaine "Judgment,'' not 'spunish-
ment." Go on. Laughter on the Demo-
cratic side of the House.]
Mr.. Lamar: The gentleman's oracular
wisdom calls forth a laugh. Before we are
through the laughter will be at him instead
of Nth him. The gentleman says "judg-
ment," and wishes me to explain the word
'Judgment."
Judgment in cases of impeachment shall not ex-
tend further than to removal from Office and disqua
llcaOn TO mold ana enjoy any Office OF honor trust,
OF profit under the United States.
Is not that one punishment ?
Mr.. Blaine: Punishment is not mention
ed there. Now. read on.
Mr.. Lamar: You say that is not a pun
ishment?
Mr.. Blaine: Go On.
Mr.. Lamar: put the question to the
gentleman because of his interruption. Is
not removal from Office and disqualified
ton to hold office punishment?
Mr.. Blaine: II the gentleman speaks of
It's being moral punishment
Mr.. Lamar: No, sir.
Mr. Blaine: If he speaks of it's being a
moral punishment he may be right /; but
legal punishment it is not
Mr.. Lamar: | ask the gentleman not
whether it is a moral punishment or not,
but is it not legal punishment
Mr.. Blaine: It is not.
Mr.. Lamar: Then the gentleman says
that q removal from office, a Disqualified
ton to hold Office, while moral retrbu-
ton or something of that kind, is not, in
the contemplation of the law and the Con-
stitution penalty, a legal punishment
Very WE'LL
Mr.. Blaine Now read the next part.
Mr.. Lamar: am coming to the next
part. That i, one thing. Then this pro-
vision of the Constitution goes on to says:
But the party convicted
What sir ? "The party conuicted?'' 1t
is not Judgment" this time. 1t is conuic-
ton. And what is conviction, sir, but the
judgment in penal trial? Very well.
will carry you further directly
But the party convicted shall NEVERTHELESS be
liable and subject to Indictment, trial, Judgment,
and punishment according to law
Now notice this language again. Per-
hapS | can convince the gentleman:
judgement in cases of impeachment shall not ex
tend further than to removal from office and dis
trust or profit under the United States.
Very well. Now. sir, the gentleman says
that that is no punishment, and that the
only punishment in the eye of the law is
that which this provision speaks of in the
second clause. [ have. too much respect
for him as lawyer to tell him that he is
under mistake on that point; but there
are men who hold different opinion on
that. May l have the attention Of the
gentleman and his admiring acclaimers
and applauders to the authority which is
almost as high upon questions of constitu-
tional law as himself? I read from Wal
lace's Supreme Court reports. Now notice.
The court in speaking Of certain constitu-
tional disabilities imposed, and uses this
language:
The deprivation of any rights, civil or political,
enjoyed, may be punishment.
Mr.. Blaine: ''May be.''
Mr.. Lamar: Well, you are nearly run to
the ground. The gentleman has got to the
"may be-" Well, I suppose his position is
this: that the removal from office and per-
petual disqualification from Office thereaf-
ter ''maY be- a punishment. But whether
it may. be or not, the officer impeached
shall ''1aevertheless" be liable to Indictment,
conviction, and punishment according to
law. I have got him to the may be"
now. He said a moment ago it was not so;
now he injects an interruption, and says
cit mag be punishment" That is prom
Using. Perhaps I can lead him on little
further. Applause.]
Decentralization from office may be punishment as