The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1876-06-15
SENATOR INGALLS,.
On 1.-THE Question Of Jurisdiction in the Case
ofEx-sscrstsry Bslknsp.

PAOPASN2to VI NE1d1ttA, iHaA A+ScAa@SS W
agree with those who affirm that either de-
cisipn of the question now before the Senate
is fraught in the alternative with fatal con-
sequences TO the Constitution OF our coun-
try or 10 the liberties of its citizens.
Should it be determined that the respon-
dent, having resigned, continues liable TO
impeachment for misconduct while in
office, it would hardly be considered a
usurpation OF general criminal jurisdiction
or a return to the judicial atrocities of the
most hateful epoch oil English history, and
presenting thus a novel menace 10 the
guarantees of citizenship.
Should il be decided on the other hand
that liability to impeachment terminates
when the accused ceases to be a civil Off
Ger, the great safeguards of the Constitu-
ton would still remain. When the Consti-
tuition ceases 10 express the convictions, the
purposes, the conscience OF the people, it
will cease to be operative. They will either
amend it or they will abrogate If, or they
will evoke from Its recesses some latent en-
ergy TO become the potent minister OF their
will.
Nor do the securities and covenants Of
liberty and citizenship rest upon any such
brittle and shifting foundation as the deci-
Eions of courts or Senates on the construc-
ton Of words, and clauses, and sentences
Of the Constitution. When the conclusions
of these tribunals fail TO register the de-
crees or 10 reach the full measure Of the in
telligence of the people, they will be re-
yersed by a judgment in that assize from
which there is no appeal.
/ therefore approach the subject relieved
L g Il
whether the determination may be upon
the one side or upon the other. Our polit-
ical history for ninety years refutes the
idea that the subject is Of very grave or
paramount Importance. Impeachment,
even in cases where the power was undoubt-
ed, has been resorted to Infreguently.
States have been saved without it, Ofhcial
delinquency has not been uncommon, but
impeachments have been rare. The process
is dilatory, unwieldy and expensive. The
machinery is complicated. The possible
ties Of partisan unfairness and malignity
are too great. The dispropo ton OF re-
sources between the prosecutor and the Oh
fendor are so marked as to shock the love
of equity and Justice which characterizes
the Anglo-Saxon. The idea upon which it
is founded is Tepugnant TO the principles
of popular goAei ument, and to the temper
and instincts OF a free people.
The application OF the doctrine now
sought, whether it be regarded as a limita-
ton or an expansion of the power of i'm
parchment, is novel, but Its assertion is not.
The question whether the liability to i'm
parchment terminated with official exis-
fence has often been moo.ed, but it now Tor
the first time arises for practical deteimina-
ton. do not think it will ever rise again.
Ii the jurisdiction il denied, it is not likely
that it will be re-asserted. II the late Sec
rotary of War is tried, the spectacle will be
such as to prevent the case from being cited
as a precedent.
Fortunately the discussion is not politi-
cal, and this source of our congratulation is
increased by the reflection hat the question
is Invested OF a partisan aspect by the dis
junction OF one party only. One great po-
iitical division Of the Senate is practically
unanimous upon doubtful question OF
constitutional law, and is REINFORCED by
allies from that party with which the re-
spondent has heretofore been associated.
Political organizations founded upon ideas
rather than upon policies are tolerant OF
differences of opinion and concede the right
of individual judgment; but they always
embrance among their adherents large num-
bers of that invaluable class of supporters
who invariably study how they can differ
with their associates, and never believe they
are truly independent unless they act with
their adversaries.
That this iurisdiclional question in 4
practical sense now tor the first time arises
is evidence that ii is not an integral part of
the Constitution nor essential 10 n tiOnal
safety. That when il is thus for the first
time presented it appears in such dubious
and uncertain guise that the most eminent
jurists of one political faith are spontane-
ously agreed, while those of the other differ
toto erlO in their Interpretation OF six simple
sentences in the &. Institution, is further evil
dence that the trainers of that instrument
either considered il a matter Of small mo-
mert or were unfortunately negl gent in the
expression of their designs.
For il must be observed that the grant of
power is explicit, and cannot be classed
among those latent, obscure, and ambiguous
powers, the result of compromise, and the
fatal cause of party dissension and national
peril.
The constitutional provisions concerning
Impeachment have been so often stated
that reiteration seems superfluous; but
they must be repeated here. They; are as
follows:
The Pres ident, yicc-President, and all civil
officers of the UIi Sat S. saal b removed
from o.ice on Impeachment fer, and conviction
Ga. tre son, bribery. or o her high crimes and
mIsdem amor. (Artic'e :, section
The House Of Representatives
Of
,Artcle l, section 4. CLAUSE 5
The Senate shall haze the sole over TO try
all impeachments. " hen sitting for that pu-
POI e. they shall he on o.: III or affirmation.
when the President THE United States is trieu
the Chiei ls;ice shall preside: and no person
shall be convicted wi hout the cor recurrence of
iwo-thirds OF the members present. (Articlc
|. section ), claQ e6
judgment in rCses OF i.npeactmen. shall net
extend turtle ttar TO r. moYal IRON oiiice, and
disqualification 10 hold an enjoy any ofice of
honor, trust, or profit under the United States;
but the party convicted hall neyertheie 5 be
liable and subject 10 indictment, trial, judy-
N Mt, and puni hment according 10 law. Ar
iele I, section ), clause Z }
Stated in their natural order, and as
'embled in their proper sequence, they
would read thus:
The President, vice-President, and all civil
,icers OF The United ST ats, stall be subject to
Impeachment for treason, briber., or 9th r
iicgion shall be removed from Office. The
House OF H. representative shall have the sole
'ower of inpeachmenis, snd the Senate shall
rave the sole power TO try all iupeachments
in cases CT Impeachment shall! not
Ntend further than Ia removal nom Office and
TO hold d enjoy any Office Of
lono :, lrIst, profit under tie Unit q States;
ut the arty convict shall, nevertheless. be
liable TO indictment, trial. judgment, and pun
chm mt according 10 law
Leaving particulars and descending to
mere description, they designate
First. The persons who may be impeached.
Second. the ofienses for which impeach-
nent will lie.
Third. The penalty on conviction.
Fourth The method Of procedure.
Fifth. The Limitation OF the Judgment.
The student of English history will rot |
all 10 note that each of these particulars,
nth the possible exception Of the fourth, is |
direct departure from the law Of Parlia- |
nent upon impeachment. Under that all |
he kings subjects could be impeached, but
he king could not. They could be i'm
esched for any ofiense. Any punishment
ould be inflicted, and the power of judy
,ent was absolute.
am compelled, therefore, to dissent from
he doctrine that the clauses giving the
louise the power of impeachment and the
enste the power of trial are in any sense
but must regard them az
1nctional merely directory of the methods
practice and procedure under the Consti-
ltion, and not a grating upon our system
the process of impeachment as recog-
lied by the parliamentary laws of Eng
md. For it must be remembered that in
zee popular government like that which