Year: 1868




What remedy is left the President
provided the Senate refuses 10 perfect
such court as is contemplated by the
Constitution, refuse TO conduct the trial
in accordance with the established laws
and usages Of the county, and convict
upon evidence insufficient in. law to con-
Wet in duly organized and properly
conducted court2 In any other court he
would be permitted TO except to the RI.
ling OF the Court upon every question ot
law during the organization Of the Court
and the trial OF the cause, which excep-
tioss he eonld bring to the notice of the
Supreme Court Of the nation, aud re.
ceive its construction thereon; and
either have the proceedings reversed and
the cause remanded, or affirmed, and re.
corded as part of the established law OF
the lanc. Aud furthermore, he could de-
mand that the evidence be set forth, and
a special finding had upon every issue,
in order to have the same reviewed, and,
if erroneous, corrected. Do those rules
apply to the Senate2 Can he except TO
it's rulings and findings, and in case OF
their illegality have those rulings and
findings reversed


The Constitution, provides that the
Senate shall have the sole power to try
impeachment. But how2 To legally try.
Then, IL the Senate refuses to legally
try, may IL politically try, and convict (;
and leave the party without any means
of redress UnquestioHably not.


Article 3, section |, of the Constitution
provides that "the judicial power of the
United States shall be vested in one Su-
preme Court, and in such other inferior
courts as Congress may from time to
time ordain and establish"


Section 2, "That the judicial power
shall extend TO all cases Of law and equi-
ty arising under this Constitution"


Now, the case of Andrew Johnson is
one Of law, arising under the Constitu'
ton, and while the Senate, as q Court,
has the right to try said case, or has ex-
elusive jurisdiction thereof; yet the Su-
preme Court undoubtedly, has full cog
nizance thereof, in case of an applics-
ton to determine the legality of the pro-
ceedings of that Court


The inferior courts have the sole right
to try all cases arising under the crimi-
nal laws of the United States; yet the
Supreme Court takes cognizance Of
those cases so far as is necessary to
preserve the proper administration of
Justice in said courts. But it may be
urged that "this is by reason of statu-
tory provisions" That in no way re-
fleets upon the question. The Supreme
Court was organized for the purpose Of
determining the supreme law of the
land in all cases in law and in equity
arising under the Constitution" and no
legislative omission can deny to the
President, or to q citizen, the right to
have the Court determine the legality of
the proceeding of any court that is or
ganized under the Constitution. 1t is
true our Supreme Court, as at present
constituted, upon former occasions has
closed its eyes and evaded the respon-
sibility of judicial finding by denying
its jurisdiction. 1t is furthermore true
that the political aspirant who presides
over said Court has dissented from
opinions expressed by majority of the
Court, in a captious style that appeared
to be slight pandering to the policy
Of party, and yet was compelled to re-
cognize the correctness of the judgment
of the Court, so far as law was involved.
And now, with Presidential contest
in full view, that Court may fail to
recognize its power to revise the illegal
findings of prejudged, unpurged, in
discreet, partisan Senate; but if so, the
great safeguard of the liberties of the
people has given away, and the dread
alarm of anarchy and civil war will
soon awaken the direst fears in the
minds of the people. If we have arrived
at the point in our history when Presi'
dent can be legally deposed by partisan
Senate, and there is no relief, what is
there left to the people 2


In case of a Democratic President and
Radiaal Congress the result would be
the impeachment of the former or the
destruction Of the latter. If we have no
means of protecting the Executive from
the assaults Of the legislative, that branch
of the Government is at an end, and our
form of government a failure. II, on the
contrary, the proceedings Of the Senate
can be revived upon error in the Court,
and its findings, both as to its organiza-
tions and the trial of the accused, re-
ceive the afirmance of the Court, or be
reversed, and the cause remanded that
legal trial may be had, the Government
will still exhibit the forms at least of
self in all its various de-
partments, and farce will be converted
into trial, bearing the semblance of
the administration law, by high court
that so far has ignored both the forms
and the spirit of Jurisprudence. = Gin
cinnati Enquirer.