The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-10
METHOD or SENATE IN
IMPEACHMENT PROCEEDINGS
Action That May Be Taken Fol
lowing Charges Against
Judge Swayne.
TRIALS OF OTHER CASES
Lower House of Congress Simply
Acts as a Grand Jury in
all Cases.
TRIALS OF OTHER CASES

eral Court of Impeachment has been In
voked to try judges OF the United States
for misconduct. The first was that of
Judge Pickering and the second that OF
Judge Humphrey, charged with compiled
~ in the rebellion" The third is likely to
be the case of Judge Charles Swayne Of
the district of Florida, charged with various
onenses against the integrity OF the bench.
The House of Representa- ives has not yet
acted on the charges, but the prospect
or action arouses public curiosity as to
what impeachment really means. Not since
the memorable trial Of President Andrew
Johnson has such thing happened.
little rustiness of knowledge on the subject
is pardonable
The popular notion is that the House Of
Representatives tried to impeach President
johnson and failed That is an error. The
House actually did impeach the chief mag
istarte. although the court OF impeachment
that is the Senate-failed to convict him
on the Impeachment.
In impeaching high federal official the
lower house of Congress simply acts as a
grand jury-the highest in the land. To
impeach means to accuse, or to indict, not
TO convict. The accused official must be
tried and found guilty or the mere i'm
parchment amounts to nothing. To explain
the moGe OF procedure let us recall the
Johnson case.
AS Vice President, Andrew Johnson made
his first msstep on the very day that he
was inaugurated Not to gloss over his
oifenSe with polite words, he was drunk.
lie was in no condition to figure in one OF
the most solemn ceremonial occasions in
history-the installation of an administra-
ton during the closing days of the civil
war That circumstance Disguised and hu-
inflated the country. No longer could the
people trust the second man In the Re-
public. And when little later President
Lincoln fell under an assassin's shot the
grief of the North was accumulated by the
knowledge that man like Johnson must
step into the vacant executive chair.
But for a little while Andrew Johnson
did much to redeem himself in Northern
estimation. The Union States had been
filled with rage by the murder Of Lincoln:
they were in mood to wreak vengeance
upon the South, aud the new President
seemed bitter as anybody in his de-
termination to punish.
CHANGE OF POLICY.
BY and by his policy suddenly changed.
The North was amazed and indignant. AS
soon as Congress realized the change the
struggle began. Statesmen lavished upon
the chief magistrate such epithets as
cheat" and "swindler' and traitor" and
rebel" The President. in his harangues
to the people, retorted by calling the agi-
tation against him a new rebellion"
Congress began to pass bills to cripple the
Presidents power in every possible way.
Johnson promptly vetoed every one of
them, and Congress just as promptly and
CONTEMPORARY passed the measure over
the vetoes The Senate likewise rejected all
presidential appointments. Soon the Presi-
dent found himself tied hand and foot If he
choose to obey the law, but he didn't choose
to obey it, and then something was done.
A Pennsylvania statesman made the first
overt move.
1t was Friday, Feb 81 1865 when John
Covode. of Pennsylvania, introduced into
nltrfi nf 1Dsaeaf Inns F0f
that is, the congressional indictment-a
measure that does not require the concur
renee of the Senate. The resolution was re
ferred to the committee on reconstruction,
which favorably reported the next day.
On Monday. the 24th. the resolution was
adopted by the emphatic vote of 126 yeas
TO AZ nays, seventeen members not voting.
Thaddeus Stevens Immediately offered a
resolution that "a committee of two be APP
pointed to wait upon the Senate, and, at
the bar thereof, in the name of the House
of Representatives, impeach Andrew john
son, President of the United States, of
high crimes and miSdemeanors;" also that
a committee of seven be named to prepare
articles of impeachment Both propositions
were carried, and on the first committee
Stevens and John A Bingham were APP
pointed. The other committee reported the
articles on Feb. q, and two days later the
House elected seven managers, or prosecu-
tors, to conduct the Impeachment.
Meanwhile, there were a few cool-headed
public men, who, If they did not openly
disapprove of these headlong proceedings,
held aloof from them. Among them was
Chief Justice Chase, the man whose duty
would be to preside over the Senate sitting
as court-the highest ever convoked on
this continent. So the very first friction
came when the Senate deliberated on rules
of procedure. Those who diStruSted CnaSe
were so framing the rules as to reduce
the chief justice to mere presiding otlcer,
considering him as not a member or the
court and depriving him OF any , voice or
power member of the court. This fac
ton prevailed.
DANGER OF A DEADLOCK.
In consequence there was grave danger
of deadlock Constitutionally other
person than the chief justice of the Su-
preme Court could preside at an impeach-
ment trial, and it began to look as If
that offended funtionary would simply
ignore the impea chment. March s. the day
for opening the trial, came. The Supreme
Court was in regular session. and until
II 80 remained so, apparently without
thought of adjourning for mere trlhe
like the Impeachment of the President OF
the United States. Then an envoy from
Congress hurried over 10 the chamber to
offer a compromise and to beg Chase to
adjourn court
opened and two dignified men in silken
robes walked down the aisle. One was
Chief Justice Chase, the other Associate
Justice Nelson. Instinctively every senator
and representative rose to his feet. Ar
rived at the vice presidential chair, the
chief Justice raised his hand, the associate
Justice administered the oath and the high
court of impeachment was ready TO pro-
coed.
The rules had been carefully framed with
view to depriving the chief justice Of any
power as a member of the court. but
| Chase was able to so interpret and manipu-
late the rules as to make himself very i'm
portant factor in the proceedings Yet his
decisions fair that the prosecutors
did not complain.
Finally the hour for vote on the ques-
ton of guilty not guilty arrived The
result was: Guilty, 30; not guilty, l9-just
| one less than the two-thirds majority neces-
sary to convict. One senator, who changed
his mind almost at the last moment, saved
| Andrew Johnson from being ousted from
the presidential chair.
| at this time because they show the mode
of procedure that. no doubt, will be fol-
lowed in the forthcoming trial OF United
states Judge Charles Swayne.