New-York tribune., 1876-08-19
LETTERS FRCN THE PEOPLE.
RIGHT OF JURISDICTION.

pECIsIoN or THY sENaIE AGAINST THE MpEACH.
MEST OF PRIVATE CITIZENS.
To ihe Edttor OF The frtbmne.
SIR: \ correspondent, who writes over the
s,gu,iu-o OF "Ensas" in The TRIBUNE OF Aug T. In
commenting upon the statements MADE Dy Senators
ancy and Fge!inghysen explaining That the Vote
OF aot guilty" b. them IN tho Bolxnap trial wa
given solely upo the question OF jurisdiction says their
action Is far from satsfacfcry since It is predcied
u,,r the assumption that every senator ia privileged 10
decide over a IN FOR himself that which the Senate asa
bigb court OF impeaoh mont, has already, Ia due form
and at the proper time, considered and passed upon"
i3ne.lo" has fallen Into grave ms.ake in thus aSsam
ng that there had been previous juoaial determine
tioa of this question OF jurisiicon-s mistake not per-
haus strange SIM he HndS himself supported In hn
view OF the care by WHIT should be high authority he
sovs 10 not forget that the managers of the rlsnap
tr' in presenting their report congratulate the House
ad the country on the establishment Of tAs important.
principle vz tho right TO impeach any executive off,
Ger 30 long he may lye whether IN or ont OF ONCE
The country will, doubt, be glad to learn thls ron
such high authority bnt will i not wish that Senators
Christiancy, Freinghuyssn, anG tho rest couh nave
heard The report and knew how the question had been
act d before they determined on their vOtesi' THIS
shows high appreciation OF the managers statement
and yet Il u full OF subtle Irony.
Il the facts were as :he managers stated Them the
question might well he asked Why should The Senators,
aferthe final decision mad been rendered go otfe need
ess trouble OF these statements OF uidiVdua VotsF
This fact, which 80 surprises "Eness," Il pregnant
with meaning IL shows that the statement of tie man.
aer utterly without Justification. What the sen
ATE did decide was that W. ". Bekn@p private citizen
OF Iowa was not subject b. impeachment bT TIE House.
and therefore in MS the Senate had no JJrsctoa
tnrs establishing the principle that the remedy oil ul
peac meE against ciyl officers exists only dEIhg 'AeH
continuance in Office. 49,.
Bur why I'D the Senators vino voted In the negative
consider IL Necessary IN explain that they voted uOl
one point OF the only and Why was not TINS question
OF Jurisdiction presented the demurrer ot the defend
ants counsel decei upon Dy the court before allowing
m. trial tp proccedl In the Senate majority vote
rules ont the Constitution provides Enat f0r CONVICTION IN
trials OF Impeac clMeut there must De concurrence OF
twO-fhirds I'm 70 tho momeT: when each senator, As
udge of tho Court oi Impeachment, answered 70 ths
aucstion oI guty not guilty" malclIy VOC Oi
fbr senators present had ruled On every point presented
Consequently majority vote ot the senators pieaehs
Lo ordered the demurrer tO Tho jursd ctlon 20 DC over
rucd apl he trial proceed. A. the question OF uls'
dction is one the three Wit, eeae Z OF Yaf con-
yiriion il was fet by t5at Affirmative Ge.siOl
OF that question ouy valid Il dccid" by tUc-rls
n,iortv sufficient number u the ludos were tt tLs.
time q! opinion the Senate h1i no jnIisJiC il0 ad
that 10 verdict of conviction could los renIrte4
bit we nave that tncy were powsriess " cphtrc
the action OF ts senate, though so potent IN tAe hA
action 81 the Cou-G ~ Ia pcavLment. j. L. CLAkhA-
Washington, d. O., Aug. il, 1879.