New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-08-02

and are not dismissed put out of office by some other
mode, disqualification only he added to the Judgment
of removal OF the officer from office The Judgment Oh the
Senate under the Constitution of impeachment
must be removal from office; and tnasmuch as person
not holding an office cannot be removed from an office,
therefore for want Of any constitutional authority IN
the Senate of the United States to try citizen OF the
United States articles Of impeachment for nigh crimes
and msdemcanors not holding civil office at the time OF
Observation-Disclosures that am not required To pro
this fact, judge without jurisdiction TO
try, vote Not guilty."
When voting upon the second article he said "For
the stated for my vote the first article
and believing that this proceeding against private cit
lien is faught with great danger in setting president
for unlawful exercise of power in the future, vote
Not guilty."
on the third article he spoke az follows This pro-
vision being in direct opposition to weestabshed con
struction of ~ Constitution of the United states for
threequaNers of century, and believing that II
never contemplated by the trainers OF our iunda-
mental law that private citizens should he arragned
and tried before the Senate Of the United states on a
cles of impeachment in order TO follow old English
precedents, but that this OF the things intended
to be avoided and for the reasons heretofore given for
Inv vote on the first article vote Not guilty"
On the fourth article he spoke as follows: condemn
the conduct of the respondent strongly any one,
but there being foundation ether in the Constitution
the welsetled precedents of this country for this
should never be exercised by the Senate of the United
states except in cases clearly within the meaning OF the
Constitution This not being one of That character
should not have been entertained by the senate at all
And for reasons heretofore given in connection with my
vote on therreccdng articles vote Not guilty"
+ On the fifth article he made the following remarks
This being the Gr time the history Of this country
that the power of the senate OF the United try
mpeachments has been attempted without law or prccc-
dent to extended any and all citizens of the
United States who have ever held civil Office ldoem 1t my
duty, far cdu TO pat check TO this attempt I'M
lawfully "a exercise power never delegated or intended
to be by the Constitution OF the United states to ANY leg
islaivc branch of the Government and without passing
upon the in the for the want Of authority 1"
try Impeachment. and for reasons heretofore given IN
connec ion With my other votes, vote Not guilty"
MIR. ClEIsTIANCY.
When the name of Senator Cnristiancy Of Michigan
was called he said Believing that the respondent
not impcachable when impeachment was voted ny tue
House. he beng then a private citizen and not civr
officer Of the United states, answer, No! guilty.
When his called 10 vote ON tie third article he
SAID For the reasons nave already given ami for the
further reason that neither this article nor any other ar
,ce of imueachment could bc held good under tie stat
utes upon a motion in arn's, Of judgment IN any criminal
court emitting as il has to charge intent q, required hy
the statute, and, therefore, no statute ohcu-t bcHS
charged and proof Of such intent being of any avail
where is NOT charged in article and tDcrc beng no
article appropriate impcachahlc ohcn-c iEdepeu
ent OF statute l answer, Not guilty.
VIEWS or MIR. CoNRLING.
when the nGmc OF senator Cpuiiiug of Ncw-YorE was
called he said: Forced by the order OF hage majority
of the Senators voting, and 10y les than majority % The
senate putting the question IN this form: 20 declare "y
the words Guilty or Not guilty. whChera conviction
can LEGALLY take place on thie impeachment do not vote
Oh facts nor the question Of guilt o. Innocence iu
fact but vote Not guilty the ground that, IA this
country by Constitution, private citizens ate not u-
pcachablc. Civil officers, and they alone are su'"- Of
Impeachment, and Belknap i not, and when impc.'Ao"
BIZ the House was not civil officer bat apfiyae cz.u,
and Ike other citizens accused q crime, tr.able before
judicial tribunals OF the country where Ec has been
indicted and uow awaits hi. trial.
when voting on the second article, he said: ITO vote
guilty on this impeachment, must oa my oath hnI
three things First. that Impeachment viii be- against
private citizen, holding civil Office second thai ti'
acts charged are impeachdbc, and third that they are
proved. / cannot find the inst Of these things thd'
therefore must vote Not guilty, in which vote con
slider 30 question except the first one tho question Of
jurisdiction"
ON te third article be said "Tlis Impeachment being
against a private ciuzcn who holds no cNh Office ana
held none when mpcacncd, the Constitution, as under
stand H. does not tolerate such proceeding; and there
- vote Not guilty, not being pelmricGpwinG % q
change n tie standing rules Of the senate, made ycser-
day by 26 Senators, 10 express IN aLy other way uy
iud-ucut that the whole proceeding j. Nold.
When voting Oh tie fourth article NJ ConkinE said:
This being the first attempt ia our history tp stretch
c political power OF Impeachment over all citizens OF
the United states, Not guilty, as the unT mode
Of recording my judgment against suci doctrine; and
20 vote with Of relief arising from tnc fact That
respondent Is triabo and is In fact indicted under
statutes which impose him, II convicted, IN addition
To ether pun shments perpetual disability to hold Office;
and this Is all which could follow conviction here
On the fifth article he said when voting: "IoscVh
Story and every other commentator on the Constitution
who has treated the question, as FAR a. know having
recorded their judgment against the legal possibility Of
irving private citizens by impeachment, yot, Eot
guilty in order to follow them In holding this ococd-
ing void"
REMARKS BY OTHER SENATORS
Mr. Frcllugluyscn, Senator from NewJCrscg, said,
when casting his vote: "TLc Senate being the judges 81
the law and the facts cannot hold the respondent guy
without deciding that the House when II acted had the
right to impcach the respondent a. the respondent
was when impcached neither President, Vice President
nor civil officer of the United States but mere private
citizen am Of opinion that the House had not the right
undog the Constitution to impcach the respondent, and
therefore for Of jurisdiction vote Not guilty."
When the OF Mr.. ingalls,, Senator from Kansas,
| called, he said Being prevented by al order
OF the seuaJe from saying whether concur In The
yictOn OF the respondent the Constitution provides,
whether the Impeachment j. sustained the rules di-
| rect but believing that impeachment does not lie
against private citizen. and that therefore the Senate
has no jurisdiction in this cause without expressing any
opinion upon the evidence, answer a conclusion OF
law only answer, Not guilty"
Mr. Eaton Senator from Connecticut. said: "By the
mpnlsory action OF majority Of this Court I
forced to vote and being firmly OF opinion that have
not the constitutional power TO pronounce conviction
upon the accused because under and by the Constitution
sl.rY hold