The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-04
IL Gen. Belknap Liable TO Impeach-
menti

menti
The question whether WILLIAM w.
BELKNAr, late Secretary Of War, is liable
60 trial and conviction by impeachment is
at present attracting the attention of the
whole country. We do not consider 1t so
obscure. or difncult OF solution, as 1t
seems to be generally regarded.
All the power of impeachment is de-
rived, by implication, from the fourth
section oil the second article of tho Con-
stitution of the United States, which is ms
follows:
The President. Vice President and all civil
onicers 81 the United states. shall be removed
rom once on itnpc achment for. and conviction
misdemeanors."
This Is, in terms, only n provision what
punishment shall be inflicted on impeach-
ment and conviction; but, in saying ON
what public officers it shall be imposed
II clearly implies that all such off,
GERS shall be liable to impeachment:
and 1t says "all civil officers of the United
States which includes the Secretary of
WARRIOR he is n civil officer of the United
States. Assuredly, then, Mr.. BELKNAP,
while he was Secretary OF War was liable
TO impeachment.
Is he 80 liable now? He has resigned the
Office of Secretary OF War. His resgna-
ton has been accepted. Is he q civil officer
OF the United Statesl lie is no more Sec
rotary of War than he was when
he was babe, one day old. He
was not liable 10 Impeachment then
Why Because he was not a civil
officer of the United States, and for no
other reason. And he is no more a civil of
ncer now than he was when he was one day
old. and, consequently. he is no more sub
iect to Impeachment now than he was then.
The seventh subdivision of section second
article first, OF the Constitution OF the
United States, provides that Judgment
in cases of impeachment shall not ex-
tend further than TO removal from
Office, and disqualification to hold
any Office of honor, trust or profit under
the United States;" and the illustrious
Mr.. Justice STORY. in commenting on this
provision, well remarks: III, then, there
must be judgment OF removal from Office,
II would seem to follow, that the Constitu-
ton contemplated, that the party was
still in office AT the time OF Impeachment"
Some Of the highest courts in this
country have held that where the law
requires the inhiction of one pun
khment and another punishment-as
for instance one day of solitary confine-
ment and three years imprisonment at
hard labor-a sentence to the one kind Of
punishment without the other is unauthor-
lied and null. Applying the principle
of these decisions TO the question before
us, We are brought to the conclusion that
the Senate cannot sentence 70 disquali-
fication where IL cannot sentence 10 re-
moval. And it will hardly be contended
that the Senate can lawfully impose a void
Bentence-such as a sentence of removal
from Office of u man not in Office would be.
II may be argued that this question has
Just been differently determined by the
unanimous vote OF the House Of Repre-
aentatiyes of the United States. III Massa-
chusetts Justice OF the Peace has civil
jurisdiction only in matters not exceeding
twenty dollars. A Justice having rendered
Judgment for sixty dollars, was admou-
ished by hardly yet bearded young law
yer that he could not do it. Cant doit?"
said he, ~ have done III There ii Is!
See for YOURSELF" And in SINH
lar strain the House of Representatives
may respond to our argument. They have
presented what they call articles of i'm
parchment; but, according to our judg-
ment, in contemplation of law and under
the Constitution of the United States, they
no more constitute articles of impeach-
ment than the white paper on which they
are written.
Had Mr.. BELKNAP been impeached while
he held u civil Office, and was liable to i'm
parchment, the President could not have
helped him. He may grant repricves and
pardons for offences against the United
States except in cases Of impeachment.
His pardons may be absolute or condi-
tional, aud may be granted either before
or after conviction. Cases of impeachment
are expressly excepted. GRANT could not
reprieve or pardon BELKNAP, once i'm
peached. He did the only thing he could
do: he placed him beyond the reach Of
Impeachment.
Forced us we are, by convincing logic,
and mistaken authorities, TO these conclu-
Hions, what are we TO say OF the Head u
the Nation who rushed to the relief of
this great malefactor, and rescued him
from the vengeance of an indignant
people and the righteous judgment of a
just Senatel Say for him! We can only
say that in remembering little he forgot
much; that he remembered his partisan
but forgot his duty: that in his fidelity to
his own treacherous friend he was faith
less to the country that had honored and
trusted him
Grant and Belknap.