The Morning herald., 1876-03-08


ment for, and conviction Of treason, orloe-
Nv, or other high crimes and mlsdemeah-
0rs."
At frs, blush, it would appear that the
manifest inteut of the penal provisions OF
the constitution were ouly intended to op-
crate upon u civil officer during his ten
are of office the view is strengthened by
the wording Of the secticn:-by the use OF
the copulative conjunction-"and' thus
linking the dual punishment together as
one. 1t can be thus argued, that as re-
moval from office is only part Of the pun
ishment that it would be insensible to try
one not in office, for any offence, the pun
ishment, of which involved removal from
Office
We must, however, go to the spirit of the
constitution, not its letter, and interpret
according to those rules of Interpretation,
which have stood the strain of centuries,
and which were well known to the trainers
Of the constitution. We must further bear
in mind that, common law precedent,
are as mill stones, along the path of the
iuriS-consult-pointing out the way to
travel. In the books were many cases as
we have already shown, of fimpeachments
,fter the tenure of office had ceased.
What are the rules of Interpretation
The resolution of the Barons Of the En-
chequer in Hayden's case, 3 Rep. were
the following:
| "For the sure and trne Interpretation of
! all statutes in general, be they penal or ben
rfcal, restrictive or enarging OF the com
| mon law, four things are to be discerncd
| and considered:-
| 81. What is common law before the
| making of the act
| ~. What was the mischief and defect
| AGAINST which the common law did not pro-
vide.
"3. What remedy the parliament hath
resolved and appointed to cure the disease
of the commonwealth
"And 4thly, the true reason OF the rem
jedy.
ut was then held to be the duty of Judges
LAT all times. to make snch construction as
should suppress the mischief and advance
he remedy: &,ttine down all subtle in.
yeutions and evasons for continuance OF
The mischief and adding folce and life tc
the cure and remedy, according to the true
intent of the makers of the act, pro 60nt
publico.'
"Nor is this an antiQuated doctrine it j:
recognized and acted upon in modern cases
In Lyde V. Bernard, Parke, B., said q
admit that words may be construed in &
sense different from their ordinary one
when the context requires it, or when the
act is intended to remedy some existing
mischief, and such a construction is re
ouired to render the remedy etfectual. Fol
we must always cOnstrue an act so as tC
suppress the mischief and advance the
tremedy.
In the light Of these rules, which are
approved by Dwarris, who stands first as
an authority upon the the construction o
statues, Congress has the power to impeach
This doctrine has had the seal @
authority in many adiudicaled cases. lI
the caye Of Hart vs.. Cleiss s johnson:
Chancery Cases, A, it is pointedly said:
1T is the duty of courts so to con
strue statutes, as to meet the mischief; t.
advance the remedy, and not to violate prin
ciples.'
J The impeachment of ex-Secretary Belk
nap would be etiectually meeting the mis-
: chief, and advancing the remedy. To ou
I mind Congress has plenary powers to in
:. peach, and we hope to chronicle his tris
} and conviction.
:; Common law precedent, authority, an
ID reasonable construction, are all in fave
II Of the power Of Congress 10 impeach Bell
y nap. Let it be done