The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-05-02
.-.s
Rellxnan's Case.

The opinion is beginning to prevail in
Washington that the Senate will not
maintain jurisdiction in the impeach-
ment case of Belknap. Certain papers
are already beginning to burden their
columns with taunts and innuendoes
against the Senate for entertaining any
doubts on the question Of jurisdiction,
and are uttering lamentations in ad-
vance that Belknap is to escape
punishment. Such writers evidently
fail to comprehend the fact that
impeachment is not designed to infiict
punishment in any case. They are un-
mindful of the all important fact that
the Constitution itself prohibits the in
Fiction of punishment on conviction i'm
der impeachment; that it expressly linn
its the Judgment of the Senate to custer
from once and inoapabiiity for holding
once thereafter.
The process Of impeachment is pro-
yided for by the Constitution for no
other purpose than to protect the Com
monwealth from injury and mischief at
the hands OF an unworthy, incompetent
or dishonest officer of the Government.
Beyond this the process OF impeachment
can not reach. Beyond this 1T was never
designed to reach. And yet, to accom-
plish this purpose, it may reach beyond
q point where the criminal law can
not 60. 1t may arraign and try
and convict and remove from
office for acts not In themselves
criminal, but which show the "Civil
officer" to be incompetent or unworthy
to fill the office he holds. In all the i'm
parchment cases heretofore known to
the history of our Senate, six in number.
not one OF them was founded upon acts
made criminal by any statute of the
United States. From this it is plain
that Impeachment has no prerogative OF
punishment.
And now comes q case wherein the
person arraigned is no longer "civil
officer" Of the Government, and was not
such officer when the impeachment was
commenced. The only end for which
Impea chment could be instituted, viz.
removal from office. has already been
attained. There is consequently neither
purpose nor person upon which an i'm
peachment can operate. The judgment
Of the Senate, in case OF conviction, in
ordering an custer from Office already
vacated, would be but br'ttuns falmen.
But certain persons exclaim-"Shall
600 m = IN mi n M ont dIrn
to his offenser BY no means. There
remains the criminal law by which he is
triable and punishable. Impeachment
does not and can not in any manner
interfere with that. The criminal law
does, in this case, what impeachment
can not do, 1t inficts punishment By
fine and imprisonment, and moreover
disqualities from holding Office. But it
is said that Belknap will there plead his
immunity promised by the Committee O.
Congress and thereby escape. What Of
it2 Shall the Constitution be violated
or perverted, to meet such an exi
gency2 BY no meansi Better that 9
thousand Belknaps escape than that
the Constitution should be perverted
or its injunctions disregarded in order tc
reach any individual offender; because
such perversion is most suicidal to the
Government and infinitely dangerous to
civil liberty. The precedent that is now
to be established is Of an Importance
vastly greater than Belknap or his
crimes can ever be. The man is nothing
the Constitution is every thing, to us all
Should the Senate assume jurisdic
tion over private citizen, not ar
officer OF the Government, in one case, Il
may do the same in any case; then where
is safety under the Constitution In 9
case involving consequences Of such i'm
port as this, even doubt OF jurisdiction
ought to be resolved into denial Of ju
risdiction. 1t is the only safe course iol
the Senate to adopt. The Country looks t,
hat body, not for saving them from Bel