New-York tribune., 1895-12-11

skill with which the former goaded Judge Crisp
TO the point Of desperation won everybody's ad-
miration except that of the tortured victim. MI
Barretts speech closing the debate was an excel
tent one and, succinct his review or the Tor
egn policy of this Administration necessarily
was, II left little TO be desired. Mr.. Barrett Is
trained and experienced Journalist as wen "a as "a
:boiling down' what he has to say. Judge crisp
motion 10 refer the resolution to the Commit'ee
on the Judiciary was rejected ey vOae o, srS sv a.
ment adopted without even a division. by
the sound" not a dozen Democrats voted nay on
the main question.
FORMER ATTEMPTS AT IMPEACHMENT.
Attempts to impeach have been numerous In
the history of the United States. though none
has resulted in the conviction OF the accused
man. The most noted cases are those of Judge
Samuel Chase. of the Supreme Court in 1904, and
Of President johnson. in 1868. Samuel Chase was
one Of the sgners OF the Declaration Of 1nde-
pendence He had served some years in Congress
and presided over the Criminal Court In Balti-
more when. In 1898. Washington appointed MN nm
an Associate Justice Of the Supreme Court OF the
United States. In 1904 the House OF representa-
tives. at the instance of John Randolph I'M
peached him for misdemeanor in the conduct OF
several political trials. particularly those OF Fries
and Calender convicted Of seditious libels nve
years before. The Senate discharged him on
March g. 1905, majority being In his favor on fve
of the eight charges and majority against him
on the residue. After his discharge he resumed
his seat on the Bench which he retained until his
death.
THE CASE OF PRESIDENT JOHNSON.
The attempt to impeach President Johnson is
comparatively recent history. Johnson had been
unable to act in concert with his Secretary of
War, Mr.. Stanton, and therefore, removed him
on August 12 1867 Wheel Congress assembled
In December the President sent to the Senate
statement Of his reasons 70. the removal Of Mr..
Stanton. but that body refused to sanction the
removal, and General Grant. who had been ap-
pointed Secretary ad interim. Immediately re-
signed the office into Mr.. Stantons hands. On
February 81 1863 Mr.. stanton was again in
formed Of his removal. and Of the appointment OF
General Lorenzo Thomas as Secretary OF war ad
interim. When the Senate was officially informed
OF this action. 1t passed resolution declaring
that "the President has no power to remove the
Secretary Of War and designate any other person
10 perform the duties of that Office Mr.. Stanton
therefore refused to vacate the office. On the
following day the House Of Representatives
passed resolution that the President be inn
peached for high crimes and misdemeanors by
vote of 12s yeas to AZ nays-seventeen members
not voting. The articles OF impeachment were
agreed to by the House on March !, and presented
to the Senate on the 9th. TIE specifications were
based on the Presidents removal OF Mr.. stanton.
his expressions in public speeches OF contempt Ior
stitutional Congress- and his hindrance Of the
execution of some Of its acts. The trial began on
March 23 the President appearing by counsel,
chief among them being William NJ. Evarts. In
his defence he asserted that his reconstruction
policy was in pursuance of course which had
been marked out and determined upon by Presi-
dent Lincoln and his Cabinet. and that Mr.. Stan
ton himself had expressed his emphatic opinion
of the unconstitutionality Of the Tenure OF once
act when its veto was under consideration. On
May 16 the Senate voted upon the article In ref.
erence TO contempt of Congress and hindrance or
execution OF Its acts and the 26th upon that In
reference to the removal Of Mr.. Stanton In each
case the vote stood: Guilty 35 not guilty. 49,
So the President was formally acquitted, as
two thirds vote is required to convict. Mr.. STAN
mod
ceeded by General Schofield.
The Constitution Of the United States de-
clares that the House Of Representatives shall
have the sole power Of impeachment. and that
the Senate shall have the sole power TO try all
impeachments. The persons made liable to I'M
peachment are the President the Vce-President
and all civil officers of the United States. The
offences for which person may be impeached
are treason bribery ana other h,sh cranes cranes
treason. but what acts are impeachable offences
under the other words employed must be de-
termined by the judgment OF the two houses
THE METHOD OF PROCEDURE
The method OF procedure is substantially as
follows: A resolution Is offered by some MEM
Der Of the House. charging the person to be i'm
peached with his supposed offence and either
demanding at once his impeachment. or what
is more common. providing for committee of
inquiry II the resolution is passed. and II
committee of inquiry reports in favor Of an i'm
peachment and It's report is adopted, commit
tee Is instructed TO impeach the accused person
before the Senate and demand that that body
make due provision for the trial and inform
the Senate that articles Of Impeachment Will
be prepared by the House and exhibited before
the Senate. The committee is instructed to pre-
pare articles Of impeachment. which. being APP
proved by the House. are transmitted to the
Senate by a committee appointed TO conduct
the trial the part of the House, who are
usually styled the managers of the impeach-
ment. Due process summoning the accused
person then issues from the Senate and Is served
by its sergeant alarms, and on the day therein
appointed the Senate resolves itself into
court of Impeachment. all the Senator'S being
sworn to do justice according to the Constitu-
tion and the laws. The person thus impeached
Is then called upon to appear and answer If
he makes default. the Senate proceeds ex parte
If he appears and denies the charges and puts
himself trial land he may appear by at
torney). an issue is formed and time Is ap-
pointed for the trial which thereafter proceeds
according to law and usage and much in the
same way common judicial trials. If any
question arises among the Senator's. who now
act as judges. they considered behind closed
doors and decided by yeas and nays, and
only the decision is made public. The Constitu-
tion provides that no person shall be convicted
without the concurrence OF two-thirds Of the
members.