Evening star., 1926-11-05
Resignation Stops Impeachment.


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Resignation Stops Impeachment.
BY his act in resigning his Office
Judge George w. English puts an
end to the impeachment proceedings
which have been instituted against
him. The managers for the House
Of Representatives have adopted a
resolution to the effect that the trial.
which was to have started in the
Senate next Wednesday. be postponed
until December. thus giving the
House an opportunity to instruct the
managers. This course will doubt
less be followed, and in all likelihood
the House will. in December. instruct
its managers to withdraw the case.
References have been made to the
Belknap trial, which occurred in
1876, in somewhat similar circum-
stances. Gen. Belknap. Secretary of
War under President Grant, was &C.
cused of malfeasance in Office in con-
nection with certain Army post con-
tracts. Before the House could act
in Impeachment he resigned his Of
flee. The point was Immediately
raised that he could not then be i'm
peached, being no longer an official,
but the House proceeded to vote &C.
cusation and to ask the Senate to try
the case. The Senate organized as
a high court and sat in judgment.
The defense entered a plea Of nom
jurisdiction. but the Senate, by ma
jority vote, denied the plea. The
case was tried in part upon the issue
of the alleged misconduct and in part
upon the issue of jurisdiction.
When the vote was taken. on the
first Of August. 1876, the Senate re-
fused to convict. The following edi-
torial. printed in The Star of August
2, 1876, analyses the vote in a man.
ner which bears out the judgment Of
the House managers In their action
in the English case. just taken:
An analysis of the vote on the
articles Of impeachment in the Bel
knap case shows that of the twenty
five Senators voting not guilty twen-
ty-two, including Mr.. Eaton of Con-
necticut, voted thus without reference
to the merits OF the case, but because
the Senate had no Jurisdiction. OF
these twenty-five Senators several
said that while differing from a ma
jority Of the Senate on the question
Of jurisdiction they felt bound by the
action Of the majority and should,
therefore. vote not guilty. Three Sen.
ators, MeSSrS. ConOver, Wright and
Patterson. voted not guilty because
in their opinion the charge Of bribery
was not sustained by the evidence
It will thus be seen that had
the twenty-five Senators, who consid.
cred themselves bound by the action
of the Senate on the question of
jurisdiction, voted guilty on the
merits Of the case, Gen. Belknap
would have been convicted by vote
of fifty-nine to three, the three being
MeSsrs. Wright, COnOver and Patter-
son.
The trial, while it has been an ex-
pensive proceeding to the Govern
ment, has established a precedent
which will hereafter be regarded as
SOFCI i1Ail6 lll SlAiIildA SetSCS. IL was
in one sense an entirely useless pro-
ceeding. since. as Mr.. Conkling said
yesterday, the respondent Is now in
dicted under statutes which impose
on him. If convicted, in addition to
other punishments. disability to hold
office. and this was all that would
have followed a conviction by the
Senate sitting as a court Of i'm
peachment.
The action of the House managers
yesterday in moving for the postpone
ment Of the trial, looking to its
eventual abandonment by the with
drawal of the impeachment, thus fol-
lows that precedent. Nothing would
be gained by further proceedings. The
accused judge has resigned, and in
asmuch as his removal from office
was the object Of the accusation no
end would be served by trial and con-
viction save disbarment from future
office holding.
An impeachment trial is usually a
long procedure. 1t is highly probable
that if it were started next Wednes-
day the trial Of Judge English, who
in his resignation denies any degree
of guilt and who would be expected
to defend himself vigorously before
the high tribunal, would be so pro.
tracted as to run into the regular
session of the Senate, seriously i'm
peding the legislative work of Con.
gress. Abandonment of the proceed.
ings is, therefore, in the interest of
an orderly advancement Of the busi-
ness of the short session.