The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-03-05
TmE IMrEAOnMgNT or nELKNAP

manassas
THE IMPEACHMENT OF HELKsAP
In View OF the fact that the House Of
Representatives. of the United States
have unanimously agreed TO lmpopch
General Belknnp, late Secretary Of
War, aud have directed committee
to prepare and prefer charges against
him before the Senate, discussion %
the subject Of impeachment II uhu'
sually interesting especially slhce' Nv
We lnllmpled upon yesterday lhls
matter had been complicated by the
hasty acceptance OF BelknaPs reslgna'
lion by the President The question
naturally presents Itself NJ to whether
or not Belknap eau he impeached, he
being no longer clYil officer, but u
private citizen.
The Parliament Of Great Britain
can impeNch n &C mmoner for any of
Tense not capital; that IN to say, II can
impcach and punish citizen OF the
realm for high misdemeanora, whether
he be in office or out OF II, and II has
the power to impeach aud punish n
peer forany ollense, be 1t felony or II
high mlsdemeanoE
In England, say our law writers, the
judgment upon impeachmenls Is not
confined to mere removal from office,
but extends to the whole punishment
attached by law TO the oIIense, The
House Of Lords, therefore, upon con-
viction, may, by It's sentence, inlet
capital punishment, ~ IL did do upon
Lord Strallord In the reign Of Charles
the First, and upon Lord Stafford In
the reign Of Charles the Second.
II can inllot the punishment Of per-
petual Punishment; or forfeiture of
goods and lands; or fine and ransomi
or imprisonment; as well rs n removal
from office, and impose perpetual in
capacity to hold any position of honor
pr oft or trust.
But the Convention which framed
the Constitution Of the United, by n
vote of eight States against two, made
the following articles the Supreme Inv
Of this Republic upon the subject Of
Impeachment:
"The President, Vice President and
all ciuH officers of the United States,
shall be removed from Office on I'M
parchment for, and conviction Of
treason, bribery or other high crimes
and misdemeanors.n
Judgment in cases of impeachment
shall not extend further than to re-
moval from office, and disqualification
to hold and enjoy any Office of honor,
trust or profit, under the United States.
But the party convicted shall never
theless be liable aud subject to indlct-
ment, trial, Judgment, and punish
ment, according to law.n
From these clauses it seems to be
manifest that the remedy by impeach-
ment is strictly confined to ciGH of
ncers of the United States who hold
their appointments under the Nation
al Government, whether their duties
are executive or judicial, excepting
military and naval officers who are
subject to trial and punishment by
military courts. Beknap now being
no longer civil officer, owing to the
inconsiderate action of the Executive,
is he liable to impeachment more than
any other private citizen of the United
States, and can the House of Repre-.
sentatives sustain the articles Of inn
parchment preferred against him?
The only Judgment that the high
court of impeachment could render,
were the party subject to their juris.
dicton, would be a removal and dis
qualification from office. They can
not remove from office, for Belknap is
no longer an officer. Being no longer
civil officer, can they assume the
jurisdiction to pronounce judgment
forever disqualifyiug him from
holding an Office of honor, profit or
trust under the government This
most interesting question will be pre-
sented to the Senate for their
determination, and we await
their action with some curiosity. We
are free to express our convictions
upon the subject, and we feel persua-
ded that the bar of Texas will generally
concur therein, and that opinion IL,
that the Senate cannot entertain juris-
diction, and that, Were n plea inter
posed, it must necessarily be sustained
and the impeachment dismissed.