The Morning herald., 1876-05-06
n. Inpesehrasnt Trial.

By the American Press Association.
WASHINGTON, May 5.-Mr. Carpenter
arose and said the only difficulty which
they experienced was the want of vivid
Imagination necessary to know what would
come from the other size and therefore to
know why they were In the dark as to this,
and it remained for him to state their side.
He maintained that under the circumstances
the Court of Impeachment be brought
against private citizens. The Importance of
this question was merely for the purpose
in this case of settling construction OF the
constitution for the first time brought up,
and he thought would insure the co opera
tion of the Senate, although his argument
would be legal ard as dry as a stick, the
theory set up was that the power Of i'm
peachment was here as in the British Par
lament, that any one can be impeached.
This would be to assert the theory that one
of forty millions of people of the United
States, native and alien, are impeachable.
1t must be considered that the powers
conferred by the constitution are derived
from the grants by the States. He declared
that there was no warrant in the construc-
tion for the impeachment of a private citi-
zen; that he showed by the text of the
constitution by the declaration of those
who made it, by commentary and by the
testimony of the managers themse Ives,
that the constitution ruled the exercise of
the Government in three branches: The
Executive, Legislative and Judicial. 1t
defined the powers of all of them, and left
nothing to inference. 1t says the legisla-
tive powers shall be to the executive,so and
so, and to the judicial so7-and so. These
powers are all clearly pointed out
and defined he' elm the impeachment
clause in the constitution, and he
then discussed the power given to the House
and to the Senate in this respect. Article 8
section 4, was the clearest and most conclu
sive construction as to who were subject to
Impeachment. The phrase is not that Ger
tain conduct shall be the subject of impcach-
ment, but that certain person shall be.
If Gen. Jackson was now living and at the
Hermitage, and was imPeached by the
House of Representatives for removing the
deposits, would it be an Impeachment
of the President! OF course not. Every one
knows that it would be an impeachment of
private citizens. That would not be carry
| ing out the intent of the constitution which
says that the President and Vice President
and all civil officers. He argued at length
for impeaching private citizen.
During the speaking of Mr.. Carpenter.
Senator Mcdonald proposed the following:
should terminate or expire pending the
term would that operate to terminate the
case!
Mr.. Carpenter thought it would.
Suppose man should commit suicide
could the trial 60 on?
The object of impeachment is to secure
removal from office. If the man is out of
| office the object is accomplished. The
managers having nothing whatever to rely
upon in the case but the words of Rawle,
the impeachment extends to those who have
been iu office and to the arguments made
by the lawyer in the Blount case, an issue
| in which they had not the least possible in
terest. Mr.. Carpenter read from Story
| to show that impeachment can only apply
in the office.
Senator Conkling propounded question
whether there is no jurisdiction to appoint
in case of jurisdiction in impeachments
between the case a resigncr before the
articles of impeachment are found, and a |
case where resignation has taken place after
articles are found. i!
WI. Val dIpeIlJcT Sdlu IIidt III HIS OPINION on
the particular effect applied in either case.
and operated on any impeachment proceed
ings.
The Senate took recess of thirty min I
utes. On the expiration of the recess Mr.. |
Carpenter resumed and said he had looked |
over the interrogratOries propounded by |
Senators Mcdonald and Conkling. He |
said Dallas and 1ngersoll had lodged the
question, in his individual judgment. The
case failed in either of the events men
toned, but whether if party was in office |
after the article would hold after his resiy
nation was not necessary for him to discuss.
Methodist General Conference