Year: 1866

Itisthe provision that IN case the " inability
Of the President 70 discharge the powers
and duties Of the said Office, the same shall
devolTe on the Weep President


This is different thing from his reno
val That is also provided against " Ina
bility might arise from iunacv, a. was the
case with George H. Is there anything IN
the practi al operation Of an impeachment
toconstitute this inability We think ..Ot
According to our conception Of the Law,
thu senate would. until a conviction, have no
power over the President, more than was
necessary As a court t. try him We do nos
think that this power to try h.m would give
the Senate the power TO imprisOn him dur
ing the trial


1t must be remembered that the object Of
imprisonment is to make sure that the accu-
sed will be in control of the court to reaeive
sentence Hence, ordinarily, party Ia not
entitled e. bail in capital cases, but is in all
other cases


When il is further remembered that the
only sentence that can be passed on cOnvie-
tiun by Impeachment Is removal from office,
and disqualification for further Office, it
it would seem to follow that there being no
necessity for imprisonment, it would not be
within the power of the Senate.


This distinction seems TO have been taken
u England Hence 1t is laid down:


Where an impeachment for a capital
offence be shall be committed to custody IS
Comyn Title Parliament, p 239


Therefore Commons complained in the
case of Lord Clarendon that he was not
cnInmitted "-ldem. 239


Party impeached for a misdemeanOr
whether q peer or a cOmmuner, not to be
committed until judgment "-ldem, 229.


80 peer may continue in his place except
ur1ou 0pitofe IN mis- nv-n case fili ind Ou1npf
--Idem 259


If we argue from the reason of the matter
1t is clear that the Senate on impeachment
of the President, have no power to imprisOn
him, because an order of this kind could be
issued by a majority whereas the COnstitu-
ton requires tWO-thirds to remove, thus, by
imprisnning him less than the cOnstitu-
tiOnai number might practically remove him.


The inconvenience of interrupting the
operations of the great Executive Branch of
the Government. on mere charge against
the President, is a powerful argument against
the exercise of the power TO imprisOu him.
The practice of the Senate may be con
sidered as almost conclusive on the subject
In all the cases of impeachment, the
Senate have proceeded by summons, notify
ing the accused, without any arrest Of the
/, person


We conclude, therefore, that the Senate
have no right TO commit the President 90
prison, without bail on his Impeachment,
and as in this way alone could an inability"
| be produced, which would open the way for
a vacancy in his Office therefore, an impeach-
ment of the President does not, and cannot
be made before conviction, to operate as q
, suspension Of the President from the
Executive functions


We have examined the Question. When
We consider 1t practical question, our heart
grows sad within Us at the madness Of the
times.


] Our country is fast tending to an unlicen-
+ sed democracy. The majority of the
/ Northern people is beginning to be regarded
as little less than divine principle.
! Everything must yield to the-will of this
passionate majority or be trampled under
foot. And they have about as much regard
j for the inhibition of the Constitution as for
the tales of an old woman.


They are now an infuriated mob turning
upon the President to drive him from Office
because he has committed the great crime of
differing from the majority.
/ 10 American democracy this is now the
! objectionable sin.