New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-04-01
BELKNAPS IMPEACHMENT Id IVFUL.
A REPLY TO Mr.. BROOKS ADAMS.


AREPLY TO MR.. BROOKS ADAMS.
AN ACT NOT NEUTRALITY-SUSPICIOUS. OF TIE WRITERS
OF TIE CONSTITUTION TO PUNISH GUILTY
oFFICERs-THE oTHER SIDE OF TIE IMPEACH.
MENT QUESTION.
TO the Editor Of The Tribune.
SIR: Mr.. Brooks Adamss attempt to show
that Senate has jurisdiction in the OF Benap
suggests startling possibilities II lie Is right the
President has the power in case to decide whether
guilty officer shall suffer the constitutional penalty Of
his misdeedA II the President himself Is mpeached be
can fight his prosecutors with ell the Influence Of his
Office long there is hope Of acqutal and then no
can escape by resgning. II the facts on which the i'm
parchment is based discovered the close OF
term OF Office sklful lawyers will find little difficulty IN
delaying the proceedings till sentence cannot be pro-
nouuced II IL vain say that the offender can be pun.
ished IN the ordinary ThelT many impeach-
able acts that are not ndicabe. Thus judge DO
removed from Office and disqualified to hold office for
making secession speech. Humphreys case, Amer.
Law Reg, " s. 672) But where is the statute Of tie
United states under which he can he indictedf
In Article H. Section Of the Constitution, Is stated
that the President shall have power to grant re-
prieves and parons for ofcnses against the United
states except in Of impeachment The President
can pardon traitor he destroy the effect OF
the sentence which ordinary court may pass upon An
officer guilty Of crimes msdemeanOrs in Office; but 10
fact indicates clear purpose place all the proceedings
in impeachment cases entirely beyond MS control
martyrs heinz actually in Office this part the Consttu-
ton is nutv. for III that case. the President has tho
More ihan that The same argument which proves that
only person now in office eau be impeaehed proves also
lows Therefore that after the impeachment articles are
presented the evidence put IN and tue na ,
from going 10 Judgment Tho only way 10 AVOID me
absurdy Of making the Constitution inconsistent win
| IN ha Ia
Tb. conclusion is strengthened II the circumstances
are con d.red under which the power % grant paons
was given The Madison Papers, Vol. III, p. l,i33,
sra Convention stood thus "The President shall have
power to grant rePreyes ana Psrsons 0L be- &
adition of the words except In Of
IL was then moved by MI Martin that the words after
conviction" be put in after the words "reprieyes and
partons" But lie withdrew his motion on the objection
being made that IL might be necessary To pardon before
conviction in order To convict acoompllces From tsn
that the trainers OF the Constitution intended 10
1--WE the President power to pardon both before and after
Conviction in all except those OF impeachment Inc
exception is broad Us the rule Tue Pitsident can
pardon every criminal except te roteete Sy
President Grants acceptance OF us resnAon 10 ne'
There notins in Mr. Adanss reasons that forces
to admit that the Constitution stutihes ITSELF either eI-
press or BY mcatn IN H% s as 81
power 10 impeach. the Constitution merely PROVIDES
Which he might Otherwise repeat his stab.ot the
heart OF the nations honor: IL does not stop Mere.
xxi
tendr but also by hs conspicuous ana lasting shatto
deter Others from similar peridy To that end the an
convicted impeachment Is made liable 70 Dc sentenseo
I'm the words VI Hamilton "to perpetual ostraeisin
rom the esteem and confidence and onors ana eihvn
nnsit IN we need not further than TO Article SEQ
lion g. which makes disqualification to hold Office, &C.
possible punishment, and to Article H. oeeuoh = WHOM
limits the Presidents pardcning power. -
Mr. Adams contended secondly that ATT IL, zee. exc
nres,y restrics the persons liable to impeachment "
civil oieIs MAKE an end Of the discussion Bus
uprflI
vice President, and Ill eYll officers, sh oe removes
from office On impeaehment &C. On sne s1o n' 20
words seem 10 indicate merely how ftr puilshieht ~
certain cases must extend. II is enrsy CONSISTENT WIN
The literal meaning tha every cit1en snoa ~ Sn.v
it has held that only civ officers are naD. anu IL
Is by construction at all aas mr. th s nes The abb
,urd already mentioned winch this oonstruc.
ton necessarily involves, are alone suheient 10 cause
An as,eemont was also sought in those parts OF tho
Constt that speak 81 the puisnue MILL ~ idpn,a
that the impcacned and convicted officer shall oe re.
moved and Article H. section 8 wiish declares onsH
from Office and disqualification TO hold Office NOW ns
arguod Belknap IS no nSer IN once aaa .cncs
OF disqualification cannot De pronounced sihee asqu..
nnH,sS,nrnt Between the Constitution and penal
statute GU the strict rules OF construn. when Mr'
Adams here relies the analogy 10 hmpns one at best
nr r Asans forcss into jnxtiposon widely sop
arated sections and even with this liberty ias 70 MAKO
m"val or removal aud disqualification, The word.
..tir,ss, I'm cases OF impeachment shall not extend
| further than," &C., do not readily ssSuine sno
imperative shape desired Bni; 10, ~ 10y y
too much stress ON tnat, tne nosi y im-
worthy point Is the fact that the provision IN
aud convicted officers 10 De feluo'eu anu nAs
which m.Aes removal and DISQUALIFICATION inc ehuono
limit OF punishment not Doti IN the same paiasrapn,
hnf i'm ~ ~ istict sections so that the discrimination
cf the trlo meaning is not what MI Adams seems "
think AZ H. a question OF the mere Interpretation Oh
couple OF connected sentences, but OF the y.
N in OF sections EVenrom MI Adj
point view IL is not clear but tnat bclhap ca. 70
dis0ualled la the or the penal m IN
which, the penalty is supposed 10 Do nne, or INC Anu w
nrisonmeni "A sentence of impr sonment alone would
nrobaby be illegal bat does any one think tha ON egai
nrinciDeS peniess scoundrcl must be let loose DO
ceiyaDy IL might DO completely unpraeueaDle " COZ
lect tle - remove Belknap from once now
iton must b. construed SO rs 10 give ehocs
10 ali its provisions Its meaning on particular PoIns
must DO collected from all the relevant Clauses ING
meaning so determined must exclude every Hfeeoncif
able theory however consistent such theory may DO Win
"A single sentence These are cnons OF CONTRADICTION u-
velsally admitted. Their application " OBVIOUS
III see A and Art L. 3, ami Art H. Sec z, taken
together, show the intention Oi the Constitution W w
that no officer convicted impeachment vi hiyh crimes
m.sdemeanors. shall DO allowed " eohuue IA oo,
nm Immediate repetition of his crimes; tnas tue
senate shall have the further power 10 pass sentences "a
perpetual disqualification To the END tlat eonsclehceiosS
officers dare 10 betray their trust anu the co
try may be protected by an HISTORICAL eApe
that the President shall have no power 70 protect ne
guilty man Mr. Adams shows how 10 attain pus ono "
these eDds The doctrine winch lie CONTENDS ~
harmony with all tho constitutional provslons Inc no
sult that when once civil oicer nnS 0oIs
mcd an Improbable Ofense. tine Constitution does nov
warrant the Inference that ne can, W my v"n
uap's liability began at the moment Hheu TIE wlouS
act was done, and Under the CONSTITUTION " e"hlot 90
till his death. 49,. M ,a,a