Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-15

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tenn of Impeachment of the civil officers
of the United States had it's origin in the
English system of Jurisprudence. In fact,
so closely related are the American and
| English systems that the average brief in
an impeachment case before the Senate
deals almost as much with English as
\ with American precedents.
The main contention in the majority of
place before the Senate has been the con-
struction of the phrase high crimes and
| misdemeanors. The defense usually
claims that these crimes and misGe-
meanors are only those that arc indictable
| in courts of law. On the other hand. the
House managers always, or nearly al
| ways, have contended that they do not
refer exclusively to acts that are crimes
| and misdemeanors at law. And they have
pointed to English precedent to prove this
| They cite the case of a lord chancellor
who was i:npeached for affixing the great
| seal to what was regarded as an ig-
nominious treaty; Of lord admiral i'm
| peached for neglecting the safeguard of
| bad advice; and dozens Of other cases
where the remedy could not have been
applied by the ordinary courts.
| This whole issue was injected into the
Constitution a result of an argument
between Col. Mason and
How the Issue Mr.. Madison, both of
-. Virginia, which the mat
i6IAdIeu. ter was pending in the
constitutional convention. The draft. as
it existed before this exchange of ideas,
provided that impeachments should be for
treason and bribery. When it was reach
ed Col. Mason wanted to know why i'm
peachable offenses should be restricted
to treason and bribery. He pointed out
that a charge of treason, as defined by
the Constitution. would not reach many
great and dangerous offenses and called
attention to the fact that Hastings was
not guilty of treason. and to the fact that
attempts to subvert the Constitution II
self would not necessarily be treason.
He further added that since bills OF
attainder. which had saved the British
constitution. were forbidden by the
United States Constitution, it became all
the more necessary to extend the power OF
impea chments. Therefore he moved an
amendment in the shape of the addition
of the phrase "or maladmlnlstratlon
Elbridgc Gerry seconded his motion. Mr..
Madison objected to the amendment, de-
claring that the employment of SO vague
term would be equivalent to tenure at
the pleasure of the Senate. To him
maladmnlstration might mean any de-
gree of bad admin stration that the Sen
ate might wish. Mr.. Morris OF New YORK
replied that a four-year term would pre-
vent maladministration, so the phrase
would do no harm. But Col. Mason de-
cided to withdraw it and substitute or
other high crimes and misdemeanors.
That was acceptable to Madison, and 1t
became part of the Constitution.
The debates of the constitutional con-
V. lt:on reveal many widely varying
opinions concerning
Varying Opinions impe a h m ents.
Some members adj
Revealed. located a court of
impeachment composed of the chief
justices of all the state supreme courts
Mr. Madison objected to a trial of the
President by the Senate especially in
view of the fact that the power of i'm
parchment was to be reposed in the
House. He thought that this would give
Congress control over the PRESIDENT ana
keep him in fear of 1t. He wanted the
Supreme Court to try impeachments. or
at least to form a part of the tribunal
that should do SO. 1t is evident that MI
Madison did not re aliZe how party spirit
| was destined to prove a practcal lnsur
ancc against the successful lHpedchiueHl
of the President.
Mr. Morris insisted that the Senate was
the only proper tribunal. He thought the
Supreme Court too few in numbers and
| too likely to be warped and corrupted. lie
| thought the greatest danger that could
| come to the country would be legislative
tyranny, but that to vest the trial of i'm
parchment cases in the Senate would not
augment that danger. Mr.. Plnkney oppos-
ed giving the power of trying impeach-
ments of the President to the Senate.
Ec thought Congress might combine
against him-fears that We're destined to
be realized when President johnson was
impeached.
The question of whether the President
should be impeac enable at all was one that
excited no little