The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-01-05
THE QUESTION OF HmPRAeM.
ING GOVERNOR AmE@

: people of Mississippi have suffered at II
: hands of Gov. Ames-his ignorance, {
: contempt, or both, of the Constitute
when 1t has stood in the way OF his col
spiracles against them whether origin,
ting IN ambition or malice pureIy-h
gross Standardization which no on
outside his clan Of cfice-holders denies
It Is sometimes urged that unless. cas-
: can be made out against him whic
I would subject him to criminal prosecr
ton and conviction before the Courts f.
someisuch infamous crime as felony
arson, murder, and the like, he ought /
be permitted to escape the punishment
LOT removal from Office made and prc
Ylded IN the Constitution expressly TO
such offenses as he has VIGOROUSLY com
mitted. Assuming his outlines of thes
ohenses, which are as palpable as tina
the sun gives light by day and the moor
performs her Offices by night, we vii
proceed to cite the highest Republican
authorities and apply them to his case.
WHAT BENJAMIN F. BUTLER SAID.
Manager B. f. Butler, in his argu.
ment on the impeachment of President
johnson, speaking of the remedy by
that procedure prescribed by the Con-
stitution, said
Buta single incident only of the business
| (of impeachment) was left to construction,
and that concerns the offepses or incapaci-
ties which are the groundworks of inn
parchment. This was wisely done because
human foresight and human intelligence
| fail in the task Of anticipating and grouidino
for 6y posture enactment all the infinite
gradations of human wrong and sin by
which the liberties of a people and the
safety OF nation may be endangered from
the taAbecituy, corruption, and unhoHoaced
ambition of its rulers. Gimp. of Andrew
johnson, p. 49,
Having laid down this undeniable
proposition, Manager Butler proceeded,
as follows, to define
WHAT ARE IMPEACHABLE OFFENSEs.
We define, therefore, an improbable
high crime or misdemeanor to be one In its
nature or consequences subversive of some
fundamental or essential principle of gov
eminent, or highly prejudicial to the pub
lie interest, and this may consist of vio-
lation of the Constitution. of law, of an Of
fetal oath, or of duty, by an act committed,
or omitted, or aeithOat UtOldting a positice Idto
6y the GbASe Of discretionary po1cerS from inn
proper motives, or from any improper pur
pose. Manager Butler. same vol & p.)
WHAT ARE HIGH CRIMES AND MIsDEMEAN-
oRS?
But great bugbear is made of the
words high crimes and misdemeanors
and it is thought to be monstrous that
an official who is not charged with such
indictable offenses as highway robbery,
arson, murder, treason, and the like,
should be arraigned on the accusation of
'high crimes a1d misdemeanors. Now,
what are the offenses known as-tshigh
crimes and misdemeanors'' for which
the Constitution says the Governor
fSHALL" be removed from Office, etc.
Fortunately the researches of Manager
B. F. Butler, have left nothing to doubt,
or construction even, on this head. He
says:
1t is but common learning that in the
English precedents, the words high crimes
and misdemeanors are universally used;
but any manifestation in Office, highly prejudi-
cidl to the public interest, or subversiUe Of some
fundamental principle Of government By achich
the safety Of a people may be an danger, is a
singh crime against the nation as the term is
used in parliamentary laac.
Mr.. Christian, in his notes to the
Commentaries of Blackstone, explains
the collocation and use of the words ''high
crimes and misdemeanors" by saying
When the words ''h1gh crimes and mis-
demeanors are used in prosecutions by i'm
parchment, the words "high crimes" nave
no definite Specification, but are used mere
ly to give greater solemnity to the charge.
Impeachment trial. vol. l. p. $500
And Manager Butler, for the purpose
of strengthening this Interpretation and
showing that it was designed to be placed
on the terms employed in the Constitu-
ton, quoted the following words of James
Madison:
The danger consists in this: That the
President can displace from office man
whose merits require he should be continued
in it. In the first place he will be lmpeach-
able by the House for such an act of mai
administration, for / contend that the tcdntO'a
| removal of nertoriOus officers acould subject
him to Impeachment and rensOcdl frona has otc''
high trust.
MUST A CRIME TO De IMPEACHABLE BE OF
NATURE TO SUBJECT THE OFFENDER TO
CRIMINAL PROSECUTION?
| Clearly not. As we have before said,
such position is contrary to the common
sense of the thing, as well as contrary to
the law of the thing, and it was to this
very point Manager Butler directed his
argument when he said
Is this proceeding (prosecut ion by Inn
peachment) a trial, as that term is under
stood, so far as relates to the rights aud duties
of Court and jury upon an indictment Iol
crime? Or is 1 not rather ia the nature OF an
inquest Of Office? The constitution seems 10
have determined it to be the latter, because
under its provisions the right to retain ano
hold office is the only subject that can DC
finally alphabetically. so.
And Manager Butler proceeded to de
monstrate so clearly that the feeblest IN
telIect could discern, the wide differ
ence between prosecution BY imPeach'
ment and an ordinary criminal procedure
in the Courts for an indictable offence.