The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-06-12
Concluded from First Page. ]

states, 10 tribunal unnt 10 DC trusleu W
try issues of fact upon which the power |
ever again to hold office on the part of the |
convicted party must be the utmost limit |
of their verdict
The honor and conscience of the senate |
will not permit this trial to degenerate into
augmentation merely for victory on the
part of any of its members, nor should the
senate be less free than the house Of repre-
sentatives has been from the imputation of
n division on the line Of political sentiment
IN the determination of a vital question Of
constitutional law. 1t Is to be decided
impartialy, each senator for himself alone,
whether the decision clashes with that oil
any others Or not, and, IL decided rightly,
no one need care.
The speculations of learned men upon
different sides have been industriously cited,
and the weight of such authority to guide
us has no such preponderance as to enttle
il to control Our judgment in this the first
case practically arising for our decision.
The unanimous opinion of the house OF
representatives in favor of jurisdiction can
not be wholly set aside as of no value.
The popular branch of the government has
an interest as deep and abiding in the true
Interpretation of the powers relating to
impeachment whatever may be the present
DOlllltll C1GtU VI llC no NbI oNh-
ate itself, and it cannot be supposed that
If has now or ever can have any motive for
A lattudinarian construction of the const-
tuition on this subject.
We have jurisdiction most assuredly for
offenses committed by civil officers. The
question as to any other officers il not now
before us. To say that person might be
"A civil officer for all the purposes OF COM
hitting the oifense and then in moment
after not be for the purposes Of trial and
conviction would be, if may be allowed
to cav so, q stupendous assumption uuwar-
ranted by any attribute OF common sense
In plain English, and not encountered by
tie dust and mold of Anticipated authority,
nor by the thick embroidery Of later impas-
stoned rhetoric, the words "civil officers
must be held TO mean civil officers at the
time of committing the offense. The rem
edy reached these from the highest to the
lowest, and upon conviction judgment is
not confined to removal from office, that
being the very smallest part Of the remedy.
This is not strained view OF the law and
presents no tcrrors save to those guilty OF
high crimes and misdemeanor, in Office
The people have right to the remedy una
bridged.
The alternative presented looks to me far
more anu tIut " lIpNO MI
officers of the United States at liberty to
burslw in CORFU ii Il, to betray the homer
and the highest interests of their country,
to sell Justice, TO accept brides, to embez-
zle the public funds and then, after de-
stroying the records of guilt, If that be pos
sible. and suborning the witnesses through
their il-gotten gains, they can resign and
defy all the remedies provided through the
dead forms of impeachment That would
be 'played out, as q red-handed murderer
in New York recently said about hanging.
! cannot believe in any construction OF the
constitution that will leave ii in so Grip
ped q condition and so absolutely al the
mercy of those against whom It's sharpest
provisions are pointed and who may be the
very chigfest of offenders.
The doctrine of resignation and avoid
ance, SO fer AS | am able to comprehend it,
fritteIs away all the power there is OF real
substance in the constitution relating t.
impeachments, and, if it shall prevail, the
torn shreds of that power will hang dang
ling in the air as a mere scare-crOw, but
soaring nobody.
Upon one side of the argument it is
claimed that there is great danger in per
hitting trials by impeachment Tor oifenseS
committed while in office after the person
no longer holds office; but is it not clear
that q person out Of Office Will be most UNI
likely to excite the undeserved luminosity
and vengeance of, or be pursued by, any
great party in the plenitude Of its power OF
when holding the majority required for {
successful impeach ment in both houses o
congress. If this ia not wholly an imagin
airy danger it would seem to be set at res
by the fact that no such merely politically
malicious prosecution, even in times OF th
greatest party heat, has ever occurred
And this fact by no means shows, rs Ia
been contended, that the power to prescott
officers after they have laid down their of
fees does not exist and is not ready on an
proper occasion to be called forth in ful
vigOr. A long period has elapsed sine
any declaration OF war has been made b.
congress, and yet it will not be said tha
congress has not the power to declare war
The non-use of power does not abrogate it
nor necessarily even make it obsolete, bu
rather tends to show that i. is not liable {
abuse.
Upon the other side it is intimated tina
person actually in Office may be impeach
ed for offenses prior even to his acceptanc
of Office. Would not that be the most dan
gerous doctrine which could under any cir
cumstances be established OHenaes whic
the people had forgiven by popular cleo
ton, offenses of youth fully condoned b.
years OF exemplary life, might be dragge
forth by partisan hatred and malignity i
order to drive persons from office and Civ
the spoils to the victorS. | cannot be mis-
taken in the belief that this is more tina
an imaginary danger.
I have thus frankly given my own opir
ions without attempting to answer thos
inGt a cinnarnlU entertained nv ntbpr1
the present case, those who deny jurisdit
ton generally appear TO occupy the groun
that officers may be impeached for offenst
committed as private citizens, but that W
may not impeach private citizens for OF
lenses committed as officers. To me til
logic of the constitution indicates precisel
the reverse. To hold otherwise will plaC
the heavy responsibility upon the preser
senate of cutting down the much dresde
constitutional power of impeachment fC
corruption in Office TO the insignificant pr
portions Of merely removal from oflc
and that to be obtained by the coward
and consclence-strcken designations of II
offenders. Thas is a responsibility whicl
for one, am not ready to assume. W
are responding to a prosecution begun
the house of representatives in the name I
all the people OF the United States, and
cannot be evaded Us a gusty aud unmeanlr
formula, but must be treated us one of II
weightiest matters which can arise und,
our form of government, not to be overcon
by hair-splittng objections, sometimes RI
sorted to in pleas of abatement, and whlC
have no relation to the merits Of procedul
or the merits OF the case on trial.
] conclude by reiterating my previot
statement that the words ''all civil office
of the United States must be construed
cover those who have, IS such officer
committed Improbable oifenses, wheth
in office or not at the moment OF lmpeac
ment. without such construction Il
potent remedy of impeachment under Il
constitution for official corruption W
hprna ftpr become extinct and itg doWHlf