Continued from the Fint Parie tober next. This wan firing k day for the Con cross next BiiccoertinR tbrm to convent, as tbey had belore bxed a day for tbeir own Tcnssom blinir, and in both cafos the day Oxd wan one diflcrunt.lrom tbat named pro forma in tlie Con stitution. . , "On the 6th of May, lf!"2, Conpress revived that the neU des-ion ot that bail y i houl l con vene on the first Monday in November next en suing. On the 8()to of Way, 171)1, the s:ime provision was made iv law, and it was repented on tbe 3d ot March, 171)7. Ou the 131U of Mav, 1800, Congries fixed the third Monday of No vember, 180', a, tno time lor reaemblintr. A';nin, by repeated acts, the first MoiKlnvof November, 180,1, Hl)4, and IHM, and the fourth Monday or November, 1800, were fixed us the time ol meetiug, in l eu ol the first Monday In Deeember. "On the 27th of February. 113, Con,'rc?3 passed an 'act to alter the time lor the next ineeling of Congress,' in which it was provided that, 'alter the adjournment oftho pre-eut ses sion the next niecing of Congress shall be on the fourth Monday ot May next.' Tlita was during the second war with Great Britain, and the emergency was such as impelled the Coti-gref-s to take into its own hands the care of the public weliare, and to call togother the next succeeding Conuresa at a ponod at least ix months earlier than that at which it would have been convened under the general provision of the Constitution." From the above it is evident that Coasress canny law regulate its own time of meeting, and tbut it is perfectly competent for one Con gress to provide for the tunc ol the aseai hling of Its successor. The present Congresj can cleaxlynauie tho day when the Fortieth Cm fjres' ehall nice", and that in aceordancewith "the Constitution as it Is," as well as in conformity with the example ot the early fathers. Whether such a step upin the part of Congress at its ap proaching session shall become neec?s.ary, do pcuiisttltoeethcr upon the conduct of President Johiu-on. Should ho provere3tive under whole some restraint, nnd disregard the firmly ex pressed wishes of the people, it will certtinly be the duly of their representatives to continue in session at the capital and look alter the iute rcsis of the Republic. Tlie Proposed Impeachments GENERAL BUILEB'S PUN. (Jcnoral Benjamin F. Butler spoke for more than two hours iu the Brooklyn Academy of Muic last Saturday evening, before an audience ot twenty-five hundred persons, on the necessity lor impeaching I 'resident Johnson. Beginning with a rapid review of the course and results of thewar.be proceeded to show that, among tbe supreme powers vested in Con gress, is "ihc great constitutional, conservative remedy of impeachment and removal." He cited tho cases ot Judge I'iekeiiug, of Massachusetts, impeached in 1803 for drunkenness; ot Judge Chase, of Maryland, impeached in. 1801 lor arbitrary and illegal conduct on the bench; of Judge Peck, of Missouri, impeached in 1831 for the arbitrary and illegal imprisonment of one Lawless, a lawyer; and of Judge Humphreys, of Tennessee, impeached iu 1802, upon the com plaint of Andrew Johnson, for deiending seces sion, aud decreeing the confiscation of property. Arguing from thPoe cases, General Butler went on to show that in the trials English precedents were strictly followed in all point9 not provided for by the 'Constitution of the United States; and he contended that "impeachment is an act ot government, and all governmental acts are bied upon 1'acU ol which history and common fame are the only evidence." From this point the General made his formal ch'iraes and snaciticationa aga'nst President Johnson. Tho charges upon which hts articles ot impeachment were louuded wete eight in number, viz.: 1. Degrading and debasing, even whl'e taking the oath ot otlioe, the station and dignity ol the ollioo of Vioo-Fresitlent, aud that ot President, by indecently extilo.tini and exposing himself upon official an 1 publio occasions in state ot drunkenness, bj the voluntary use of intoxicating liquors, to tho (rreat scandal and disirraoe of the tvho.e people of the United State and t lie Government thereof. 2. Officially and puolioly making declarations and Inflammatory baranvues, indecent and uubecomiuir, and in derogation of his hleh office, aan?erous to the permanency of our republican lorrn of govern ment, and with intent aud design to excite the ridicule, (car, hatred, and contempt of the people gainst the legislative and judicial departments iheroof. 8. Wickedly, tyrannically, and unconstitutionally, as chief executive officer, usurping rhe lawful rights and powers ol the Congress of the United State:!. 4. Wickedly and corruptly usinir and abminir the constitutional power ot tho President oi nominat ing to office and lillinir vacancies in office diiriui the recess ot the Senate, and removing from offioe with intent and design to undermine, overthrow and evade the power of advisine and consenting to ap pointments to office vested in tho Senate bv the Con stitution, and lor the iurther corrupt purpose of controlling the freedom ot election by the people of members of the House, iu order to put tho House of ftepreteiitative in the hands of men lately in rebel lion against or evilly disposed towards the Govern men'. 5 Improperly, wickedly, and corruptly using and abusing the constitutional power of pardons lor offenses aga nst the United states, and in order to bring traitor- and Rebels into places of honor, truit, and profit under tho Government of the United States, and to eoreeu whole classes ot criminals iioin tbe penalties of their crimes against tne laws tlioreof. 6 Knowinely and wilfully violating the eonstitu tlonaliy enacted laws of the Urited States by ap pointing diplotal men to offioe, and illegally and without right riving to them tho emoluments of such offioe from tho Treasury, well knowing the appointees to be ineligible to offioe. 7. Knowingly and .wilfully neglecting and re fusing to execute and" carry out the constitutional laws of Congress in the insurrectionary States, in ordor to encourage men lately iu robo.Uon and iu arms against the United Mates, to the oppression and injury of the loyal and true citizens ot such states. 8. Unlawfully, eotmptly, and wickedly confederat ing and conspiring with oue John r. Uooroa, late a Kebel against ton Government ot the United S ates, pardoned by hlmao'i ( hat he might hold otlioe), and other evil disposed porsons, traitors, and ltebols, as well pardonod as unpardoned, to prevent, hinder, and disperse a iawiul, peaceable, aud rightlui meeting and coiivention of lojal citizens of the United States, then asstmb ed in New Orleans to consider their constitutional rights and privileges, and to submit to the judgment of tbe people of tbe State of Louis ana cettait propositions of amend ments to the Coustitu ion of that State, for their dis ouesion and action, as auo'i convention might right fully do, Elaborate specifications were given to each of these charges, and the General was bometluics exceedingly plaiu-spokeu. He described the scene in the Senate chamber, where Mr. John son took tho oath as Vice-President, in these words: "The disgraceful stammering tongue of the Vice-President as he mum'jled his oath of ofbee, and slobbered the holy book with a diunken kiss." Ol the President's speeches on the route from Washington to Chicago, tho General said: "lias a hocked, outraged, hum bled, shamed, itnd indignant people no remedy tor such disgusting humiliation ot their pride of couutry aua national sell-respect if Must they endure it for two years and more longer? A like record made against any other high officer of Ihe United States to any former President, would he not have removed him for cause? Shall the spectacle remain forever unrebuked of the president debasing himself so as justly to draw from the crowd , witnessing the exhibition such exprcassions ns 'Go it, Andy !' 'Keep your temper, Andy 1' 'Don't got nad, Andy I' Aud for the President to reply: 'I left my dignity at W'ashluaton I' Mav not the people say, 'You have quit the dignity oi your oflice ouoe you bhall never atrain resume it? Are the decent, respectable, and intelligent people oi iue country hi ways to nave their cheeks burn with shame whenever such conduct of their chief is discussed, because the remedy has never been applied or an example made ? fl-.r !'"bPht oUle in the land, the Presidency. ti uhieo it is our proudest boast the humblest American bov may aspire, to be so degraded that to any well-bred boy it will not seem worth the aspiration; and yet to be neither remedy or punithnicnt? No so long as the conservative reiuedyof iuipeachmeut exists, the - American ill oreserve the Presidential oillort honored by,Wa-hlrgton by punishing this, ita degiadalvu, ;,. iue niguesi oi uu inisue muunntv." ...... Gt until Butler concludod as Mlowa: "We Jjuve pttid uye liui.ous oi iiouur una u nun urn THE DAILY EVENING TELEGRAPH TRIFLE SHEET. lion of lives to preserve 6ur free Government. We will not yie'd it to usurpation now. It is said let us wait and sco whut tbe future co irsc ol the Kxreutive may be. If a man chett me onre, it is his Ian It. If he cheat me twlje, it is my fault. Not the piomptings o! beli-prc-erva-tiou, tbe (Mctate ot political wisdom, the inspi ration of statesminshlp. all teach that it is better to have this great trial of our Goyernnent come In 1807 than postponed till 18(i tbento be complicated with a Presidential election, and the question whe her electors from Kebel States are to dictate the choice of a President to the loyal North, and also perhaps with a lorclen war, with nil the power it eives to the Executive to control a free people. No! if that 'little bell Is to sound,' it is oetter that Ps tinkle be heard now, when we have, and shall have for two years, a loyal majority of iiioep than two-thirds In the Government to muffle Its clapper. Such a contest, whenever it may come, will show that the strength, permaneuce, and safety of this Government rest; not in executive or legisla tive or judicial departments, not in the army or navy, nut in tne education, virtue, ani intelli gence of tbe whole people, prizing their liber ties, valuing their free institutions, proud of their country as the great exemplar to show mankind that equal power, equal laws, equal rights, nnd equal iustlce are the true attributes of democratic elective government." A United State Judge Impeached by Andrew lolinsout From the Chicago Tribune. The latest, and, from its character, the gov erning case of impeachment, i3 that of West II. Humphreys, Judge ot the District Court of the United States tor the Eastern, Middle, and West ern Districts of Tenueisee. Tbe House of Repre sentatives at tho session commencing Decem ber, 18G1, adopted a scries, of articles impeaching Judge Humphreys, nud on the 22d of May, 1802. the Senate commenced tho trial of the said cbtiraes. The articles of impeachment were seven in number. Tho first of these was to the eflict: That, regardless of his duties a a 'citizen of tho Unit'd Stato , and unmtndlul of the dutfoa of Ins said oflice. and in viola iou ot tho sacred obligation ol his official oath, tbe said West 11, Hum phreys, on the 29th day ot December, A. D. 18U0, in tli" city of Na-hville, in said titato, the said West 11. Humphreys then being a citizen ol the United States, and owing allegiance there o, and then and there being Judge, eto , at a public meeting on tbe day anil year last aloro'aid, held in said city of Naohville, and in the hearing of divers persons there present, did endeavor, by publio speeoh, to incite revolt and rebellion within said Sta'o acainst tbe Constitution and Government of the United Htatos, and did then and there pub'icly declaro that it was the right of the people of said Stato, by an ordinance- ot secession, to absolve themselves fiom all ailcgiai co to the Government of tho United S.ates, the Constitution and the laws thcreoT. It will be remembered that this man was a judge of a United States Court, in a State whereof Andrew Johnson was then Governor. He was Impeached through the instrumentality of Andrew Johnson, and other citizens oi Ten nes:ce. He was impeached by a House of Representatives from which ten Stales were ex cluded. He wa impeuched by u House ol Re presentatives in which he liai no Representa tive, and in which only a small portion of the people of Tennessee could be heard. He was impeached by a "Rump Congress" by a body "hagniug on the vercre of the Government" and "calling itself the Coiieress of the United States." He was tried by a Senate in which eleven 8lates had no members. He was tried by a Senate Irom which eleven States, entitled to twenty two votes, were excluded. He was tried by a Senate which, had these twenty-two votes been f resent, would not have convicted him. He was in peached by a House and tried by a Senate into eitner oi wnicb no member from ten states con Id huve been admitted. Eut what makes this casea stronger precedent at the present time, is that the first article of the impeachment is for a speech, the sentiments of which were in contravention of bis official duly. Upon this article the vote was unani mously "guilty." Upon most of tbe charges there were some votes of not guilty, and upon one or more he was acquitted, but upon the charge ot having mane turn speecn lie was con victed by a unanimous vote. The Constitution provides that 'The President. Vice-Pnsldent.and all oivil officers of the United olates shall be removed doin office for and conviotioo of treason, bribory, or other high crimes and misdemeanors." The House of Representatives is invested bv the Constitution with the exclusive duty and power of Impeaching a public officer. The Senate is invested with the exclusive duty and power of trying him. The House prepares the charges; the Senate, sitting as a Court, decides upon the sufficiency of the accusation, and whether it, if proved, constitutes "treason, biibery, or other hieh crime or misdemeunor." They near the evidence. Their judgment is final, aud tbe Constitution says that a convic tion by two-thirds of the Senators present shall De suuicient. In this case of Humphreys, who was im peached, tried, convicted, and removed from oiheo througn tbe active agency ot Andrew Johnson, the Senate decided tbat a speech inciting people to revolt or rebellion against Ihe Constitution and Government, by an ollicer sworn to fidelity to both, was sufficient ofiense to sustain an impeachment therefor. 'Pais deci sion was rendered by a unanimous vole of tho Senate. It lollows, therefore, that no other act of rebellion is needed. It does not require, lor instance, that Andrew Johnson shall actually match tioops into the halls of Congress, and shoot down the members, or disperse them by tne oayonet, to reuaer nun name co impeach ment; it does not require that be shall actu ally issue orders forbidding the execution of the laws. It is sufficient that he, as President ot the United States, sworn to preserve and pro tect the Constitution, and see tbat the laws are executed, shall, in some publio manner, declare his purpose thus to act, and urge aud incite tbe people to aid and assist him in these or any other acts lor the destruction of the Govern ment or any of its departments. The precedent, which was not adopted hastily or in passion, is one resulting irotn proceedings instituted at tbe suggestion of Andrew Johnson. Judge Humphreys was amenable to no law but that to which tho President and all other civil officers are amenable. The same Constitution protected hltu that covers Andrew Johnson. The House that wus competent to impeach him is as competent to impeach tbe Presidentor any other officer. The Senate that was competent to try aud convict him Is as competent to try and convict any other civil officer. Thre is no escaping the piecedentoi this Humphreys' case, for which the country Is indebted to Andrew Johnson. The plea of Johnson's followers is that speeches, no matter how revolution-try and re bellious they may be, cannot furnish legal ground for impeaehmeut. But the Senate, upon a case forced upon them by Andrew Johnson, by a unanimous vote, decided that such u speech by an officer of the Government, sworn to the support and execution oi the laws, was suffi cient to warrant impeachment, atui to warrant, upon proof, the conviction ana deposition ot the guilty official. The Constitution, it Is true, confines impeach ment to "treason, bribery, and othor high crimes aud misdemeanors,'' but there is a vast diUercnce between t'uc cjimiiiality of the act by one holding an office under tbe United States and a private citizen. Drunkenness while in the discharge of official duties has been ad judged a sufficiently "high crime or misde meanor" to warrant impeachment. A revolu tionary speech by a President, or other person in authority, in disregard ot bis official oath, is, we have seen, sufficient to warrant not only the impeachment, but Ihe conviction and deposi tion of tbe accused officer. In the ca-e of impeach ment, tbe actual offense receives the criminality Irom the officiid position oi tho accused. A treasonable speech by tbe President, or a Cabinet officer, or Federal judge, while it would not warrant a conviction tor treason before a court and jury, warrants an impeachment, and, upon conviction, a removal from office. An im peachment, iu point of fact, raises only the ques tion whether such a person is fit to bold office. Numerous precedents furnish a variety of causes justifying impeachment, but we have preferred to cite this case because it is the most recent, and all the clrcumntances surrounding it make it precedent coveting the raso of Andrew Johnson, and because it is one procured by his own Bsrnc.v, and the authority ot which he is et-topped Irom denjing. IMPEACHMENT. The Uv of Impctchmrnlt-lfow aud when Kxrrclnrd Will Congrrna Im peach Mr. Jolinson 1 Highly Interest lug Document. In view of the threatened impeachment of Mr. Johnson by the radicals, the following, pre pared ior the Richmond Axaminer, will be read with deep interest. Itglvs tbe law, nnd cites the instances in which impeaehmeut has been effected: Hie i rong probability that the President rf the United Slates will bo Impeached tois winter, makm it interesting tor our roLdersto have some light thrown upon the law ot impeachment. Impeachment is an old atl'ilr In the history of our English ancestors. J he flist aut lion t'c ease of Impeachment was in la70. in iho reign of Kdnard 111. lboy wore fre quent for several reigns afterwards, there wero none in the reigns of Edward IV, Jienry Vill, and Eliza be'b. W hen the reins of regal power were hold by feeble hands, mineac ment were most resorted to. When tbe kingiy authority was in strong Hands, impeaoh ment wore not lavorod. This is said bv historians to be owing to to causes tne weakness ot the house ot Con nions and the preference of tho l a lor I'm ces lor the more summary proceedings ot bids of attainder and the Star Chamber. Aherllio lelen of hhzabe h impeachments re vived, auu bet ween 1G20 and 1688 there wero forty canes of impeachment, mo uuiug tbe memorable and melancholy caeo of that wondeilul genius, Lord Hacou. In tl e rolyn of William III, Anne, and George I there were til teen impeachments, in th reign of George II only ono. that of Loid Lovcl, lor treason. One ot the last cases was t jat of Warren Hastings, so memorable on accoant ol the eminence of the eccueed. a man who stauos out statuesque in his. ton , and the extroardmarv genius ot the prosecu tor, xdmmid ilurko, Chai.es,!. lox, and Sheridan, making it the most iamous trial iu history. ihe Irst case ot ,mneachment in England was that Of Lord Melvll e, in 185 ' Impeachments have been tound to bo cumbersome proceedings in England, and they have lallen into cisme there. In impeachments the House of Commons act as In tho natuieof a grand Jury, making tbeir pre sentment to the House of Lords. 'J he House ol Lords act as a judicial body. Any member ol tho House of Commons may in stitute the proceedings, by making his charges against the accused, with his piools. This may oo voted upon direcily by ihe House, or referred to a committi e to report upon. It tl.ohe.uso rcso.ves to impeach, certain mem bers are ordered to pioceed to the House of Lords and make known tbe i evolution ot tbe House. As many members as cbooso accompany tho members who communicate tne impeachment to ihe Lords. Articles of impeachment are usually prepared after tbe formal notico given to the Lords. The ar ticles of impeachment are prepared by a committeo appointed irtha'. purpose and are first submitted to the bouse, and II approved by the House, they are delivered to the Lords. Upon tbe formal impcoohment, at tho bar of tho iorus, me puny impeached, is lateen into, custody, bu. may be bailed. Ihe Lords anpoint a day for tho trial. Commons appoint managers to prepare evidence, aud conduot the proceedings. An important inquiry is, What offonsos are the the subject ot impeachment in England f The most eatisiactory answer to that quostion is to reler to tbe prominent cates ol impeachment eited in tbe books 1. Dukeot Suflb k for high treason 2. Lord Finch 'Sir Robert Berko ey. Lord Strafford for higb treason in subverting the fundamental laws and Introducing aroitrary powor. Under this impeachment Lord 8 radoru, to tho eternal sham.3 of l barles 1, wa executed. 8. Duko of buffo k, lor that, being ambassador, bo consented to the de ivery of divers iowu to tbe Kng of France, without privity of othor ambas sadors 4. Earl oi Bristol, that being ambassador, he gave falto information to tbe King; that h did not puisne bis liiMmctious; that ho pursued hU embassy lor his own pioiit. 5. Tne famous Cardinal Wolsoy, for whom Shakespeare makes us leol so sorrr by the sad speeches ho pus in h mouth alter his fall from povy r, that he mado a treaty between the l'opo and the King ot France when AmbMiador ot Uoury VI 11, without privity of tbe King. that he joined himsolt with the King, the momo robte words Sbakespcaio alludes to, "Ego et Hegius metis." 6. The Earl of Bristol, for counse'.ling against a war with Spain. For advising a toleration of rapists, (lhis would constitute a good sit cle against the I'icsUlcnt for advising a to eration ot "Kuboli.") Ent cmg the King to Popery. 7. Michael la l'oole, inciting King to act agalnht tne advice of Pailiament. 8. 1 he opencers, that they gave bad counsel to the King. 9. Ear ol Oxford, for advising a prejudio'al peace. 10. Lord Finch, tbat, boing (Speaker ot the Com mons, he refused to pioceed in toe House 11 Duke ot Buckingham, tnat, being admiral of, he neglected the caleguard of the sea. Ear. oi Oxford, lor hazarding tho navy and ne clcctin? to take snips ot the enemy. 12. Michael de la Poole that, being Chancellor, be ncted contrary to bis duty. 13. Lord t-ouiers, for ra llying a peaoe under the great st al not approved ol bv tho parties concerned. Futiing the great seal to a blank commission. Defying justice. 14. Purchasing lands of the King under their value. 15. Duke ef Buckingham, llura ity of offices. Purchasing oilloes. 16. Earl of Oxford, for exercising Incompatible offices. , , 17. Duke of Buckingham for giving medicine to the King without advioo of the physicians. 18. Iho bpencors, thai they prevented the great men oi the icoliii from giving counsel to the King, except in their imence. For putting good magistrates out of office and putting in bad, (Another precedent, turning out I radicals and nutting in Copperheads ) 19. Earl ol Oxiord, tor eixouragiug pirates. 20. Sir G. Mourpesson for procurement of patents on monopoly. 21. Lord Baoon, alas, for poor human nature 1 tor tak ng briLes. 22 Lora Finch, for unlawlully enlarging the fcrost. ... For threatening other judges to make them sub scribe to bis opinion. For de'iv. ring opinions knowing thorn to be con trary to law. For diawmg buine'i of the courts to his obambor, 23 Fur extortions and deceits. 24. Cardinal Wolsty for exercising legislative cowers. 26 For converting publio monoy to his own uso. For piocuiiug exorbitant grants ot land Irom the King. , , 20. Lord Halllax. for obtaining grants of estates for feited lor Kobe lion. For obtaining grants of monoy when there was war and Leavy taxes. All are lamiliar with Warren Hastings' trial, and it is not neoesarv, there. ore, to allude to the char ges against him. From this summary of tbe prlno'pal cases of Inv peacl ment wmch have O.cuired in England, we thiiik it lollows that, according to the practioe tbeie, the bouse ot Commons have been in the usage oi impeaching for auj thing they chose to consider an clnnse Evidently, whenever tbe House ot Commons wanted to got rid of a public oflioer, all they had to do to ret up an impeachment was to woik up tho best charge they could against him There was no limit to tbe exeroise of the power ot impeachment but their own discretion. Impeach ment was a political contntanoe to ret rid ol an obnoxious officer. The practical result was that every man held his otlioe at the discretion of a ma Jor.tv ol tt e Hoi so of Commons aud a majority of tbe House ot Loras tiuch was the praotice, and therefore tbe parlia mentary law ot imneachmunt in England when tbe Constitution of the United Sta:es was adopted. Too Constitution. Artiole 11, seo Ion 4, provides: "lbo President, Vice-President, and all civil offi cers ot tho Uuited fetates shall be removed irom oflito ou imi eacbment lor and conviction ot trea son, br.bery, or other high crimes and intaaemea nors " Artio'e 1, Section 8. "The ficnat ) shall have the sole l ower to try all impeachments. VVnun rbting for that purpo-e ther shall bo ou oath, or affirma tion. When the President ol tbn Uuited States Is tried, the Cblet Justice khall preside; and no per son sba I be convicted without the concurrence of two-thli ds of the nvinbers present. "Judgment in coses ol impeaohment shall not ex tend lui ther than to rtnioval irom ollioe, and dn qua ilication to hold and enjoy anv ouVe ot honor, trust, or profit under tbe United States." Tbe first inquiry is, What the Provident may be impeached lor? The Constitution sayt be mav be impeached lor mlscmeanon. What is a misde meanor in a public oflicerf Any vio ation of duty) doing anything he ought not to do, neglecting to go anything he ought to do. Any publio oflioer is ludictabla lor misbehavior in his otliee. (Ledlord vs. 1 nomas 6 Modern E. W). 1 It usse don (.rimes ) i , , , PHILADELPHIA , SATURDAY, DECEMBER 1, 18C0.. Any rerect of duty ground for Indictment. (Re f'n TS.'t. lfc.ako,di It. 381. 1 Bussed on i rimes 137. I be great principle of the parliamentary lair and tbe common law is that any otlioisl misoondnot is a misdemeanor. An luterchting Inquiry arises hers Is It neee'siry belore Ihe Bensle can act ou a oas of impeach ment, tbat a statu law should have been previous y pas.ee defining tor what oflensis Impeaohment lirsf It Is a familiar principle that Ihe courts ol tbe United Mate cannot take oogn'zance of any criminal oiTense unless it is an Ofl'eu aainst some statute of the United States. In other words, the Lulled Slaus courts exeroise no criminal jurisdic tion drrivab e merely from the common law lines the same ruie prevail in r gard io the Senate of tho United Mates aotlng an a court ot impeaoa nientf Judge Mory, id bis "Commentaries," decides tins question in the negative Uo says: "JSo one asserts that Mie pocrof impeachmont Is limned to statute ufl'ousos." Second Story, p. 204, ec. 795. Yet he protests against tbe whole sobjoot being lofi to the ' arbittsiy discretion oi the euate," and insists that 'resort must bo bad eithor to parlia mentary prantice and tho common law In order to apceitaln'' what are impcacnab.e offonsos. . (tut when we consider iba the parliamentary piaotioe gives the House of Commons an unlimited rhoretion in tbe nature of the cbaiges, provided the? al eg some Violation of dutv, and the oommoa law lava down a priuoip e equally oompreiionsiva as to indletab e ollenses In olhours, we do not perceive tnat there is any dificieuco, practically, botwoon leaving the hole subject to tho "arbitrary discre tion ot the Senate." which bo objects to so vehe mently, and leaving it to them uuder the resirio ion tl par lamentary practice and ihe common law, v bicb, in eflect, as we have seen, is no res, notion tt all According to Judpe Story, you oinnot impeach the President lor having a red heada moie arbi trary oflense. But a 1 tbat you have to do, In order to impeach, is to charge some alleged violation of duty. 1 bo practice of the Senata. in the four cases of in.pt acbnietit which they have had bofore thorn, osxi mes a Jurlsdict.on to procoed without any pre vious statuiory enactments. it may be interesting to note what Judge Curtis, an emimnt member at one tuno ot tho Itonch oi the supremo I curt ol tne United States, says on this general Bunjeei : "I be puipo-es of an impeachment I'e wholly be- ' yond the pi naities of the iatute or customary law. i uo ouji ci oi mo prooc cuing is io ascertain wuethor the cause exists ior removing a publio oihoor from oflice. A cause lor removal from otbee may exist whore no oflense against positive law has been committed, or where the individual has, Irom immorality or imbecility, or mal-admiuis-tratlon, I econio unfit to exei else tho office, (docond Curtis. History 0: the Origin ol Courts, 261.) Practically, tho President holds bis ollico at the discretion ol a maionty ot the House of Kopresen to. Ives and two-thirds of the Senate. It may be, as Mr. Curtis suggests iu anothor passage than, tho one cited, that theframersoi the Constitution only re conci ed thi-mseives to the great prerogatives con ferred on the Exeoutivo bv making him removable, In eflect, at the will of a majority of the House and two-thuds ol the Semite. It is said of the bovornment of Bussia that it is a despotism tempered by assassination. Our President may be then r efined an authority tempered by the power of impeachment. The result ot our examination of this subject has been to give us the impression that ihe Impeach ment j ower is a prerogative, which pla.es tbe Pre sident in a gr atcr degree of denendence and inse curity tli an in our casual icfloction upon thesuoject we had prcv'onsly supposed. J lie real outrago, in tho caseot President Johnson, would be to ex reive this great prerogative in the atsence oi the Henaiors of ten States. 1 here is oi e iurther qnoBtiou of imtnenso import ance in Ibis caso. Itiaihs: Can tbe impeachment be mado to operato a sat- f ii union ol the President Irom the exercise of the unct.ont ol his oflice upon its m-titutionf In other woitis, can the benate, sifting as a higu court of im peachment, order a cessation of the executive func tions in tbe terron ol Mr. Johnson during the pendency of the trial f Uniortunatelv, the Constitution Is silent on this vli a1 point, and, so far as we navo been ab'e to dis covtr, tbe iniormation from tbe praotice of the House of Loids ir not conclusive. There is one provision ot tne Constitution which may be considered to have some bearing on tnls point. It is the provision that ,in case Ol the "inability" ol tt e President "to di charge the powers and duties ot the said ollico, tbe same shall dcvolveon the Vice President " ins is a different thing from a Is "removal." That is a so provided anainst. "Inability" might arise Irom lunacy, as was the case witb (reortw III. J tbeio anyibing in the practical operation of an impeachment to constitute this "liability V We thiLkcot According to our conception of the law, the Senate wou d, un'ii a conviction, have no power over the President, more ihau was necessary ai a court to tiy him We do not thmic that tins poyor to try hm would give the Senate the power to im pneon bim during the tnsl. it must be remcmoered that tho object of impri sonment is to make sure that the acousod will be In control oi tbe Court to receive teutence. Hence, ordinarily, a party is not entitled to bail In capital cares, but is in all other cases. When it is iurther remembered tbat the only sen tence tbat can bo passed on conviction by impeach ment is removal irom oflice, and disqualification for further oflice, 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 in Eng land. Hence it is laid down: "in an impeachment tor a capital oflense he shall be committed to custody."-5 Corny n Title Parliament, p. 189. J bereiore Commons complained In the case of Lord Clarendon that bo was not committed. " Jdtm 239. Party impeached for a misdemeanor, whether a Jeer or a commoner, not to be committed until udcmenV Idem, 239. "So a pi cr may continue in his place, exoopt upon debate in bis own case, till judgment." iJem, 269. line argue from the reason ol thematter.it is clear that the Senate, on f inpeao'imont of tne Presi dent, has no power to imprison him, because an Older ot this kind could be issued bv a majority, wtieicastbo Constitution requires two-thirds to re move thus, by imprisoning bim, loss than tbe con stitutional number migbtpractically remove him, 1 be inconvenience of interrupting tho operations of the great Executive branch of the Government, on a mere cLarge againt the President, is a power ful argument against the exercise ol tbopowtrto imprison him. 1 be practice of the Senate may be considered as almost conclusive on the subject. In all the cases of impeaoi.mont tbe Senate have proceeded by to Damons notifying the accused, wita out any arrest ol the person. V e conclude, tberetoie, tbat the Fenate have no right to commit tbe Presided to prison, without bsil on his impeachment, and as this wa alone could an "inability" be produced, which would open tbe way lor a vacancy in his oflice; therefore, an impeachment ol tbe President does not, and cannot be made belore conviction, to operate as a suspen sion ot the Presidont from the Executive lunctions. What Congress may do Kxccutlve,! with the It is proposed that, In place of impeaching the President, Congress (shall curtail his powers of dispensing publio patronage, and insist that Ex ecutive appointments eball be more Immediately under tbe control of the 8enate than 1 hey are ut present. To this end, we presume a bill will be passCc! which will prevent tbe Prtsiilent irom issuing a commission of office to any one until the Senate bus approved of the appointment. Such a course would seem appropriate, whether Mr. Johnson is removed or not, and we have no doubt some such scheme will be inaugurate'! at once. The Public Debt-The Taien, Mr. McCulloch has discovered that, with our piesent revenue, our national debt can be" liquidated in ten j ears. This is too rapid for the interests of both the Government and the people. Congress therefore should, find no doubt will, authorize the Secretary to pay off the debt in such time as to consume at least thirty yeaia m its entire liquidation, nnd to do this properly, safely, and easily, a long, popular five per centum loan might be arranged for, into wlacli our present debt might be funded craduallj at maturity, at the option ol the bondholders. This is but just. Our posterity will reap more benefits from our success In saving the Union than we will, and hence should be made to pay Mme of the national debt Incurred in obtaining 6ecurlty, prosperity, Union and power. - Such a. course would enable the Uoverument to wbropBta or lessen the tax vpon incomes. leduco and systematize the ttamp duties, and regulata and reduce the excise tax. Apart from I 4 1. n l.,a,AA f .ut.. ... ... e rav ui luia measure, not aia could we moie popular. ' The Internal Revenue system la very faulty. It is a great burden upon the people, and It Is said to be a vast fleld for peculation of every description. Whsl Ihc President Propose., Rlnce Mr. Johnson has occupied the Presiden tial chair, he has not deemed any further amendments to the Constitution necessary; but in the forthcoming Message, iu view of tbe exi gencies of tbe day, he will recommend several matters a9 subjects to be embraced in proposed amendments to that instrument. Among them may be mcut'oned the abolishment of the Elec toral College, nnd the election of President and Vice-President directly by the voters at large, without regard to State boundaries. Another amendment sugeested is the election of United (Mates Senators by ihe voters at large in tho several States, distend of electing them by tho State Legislatures.; and still another amendment named is the appointment of judges of the United Slates Supreme Court for a terra of twelve years each, one-third of the entire num ber to be appointed every four years. These amendments were proposed same years ago by Mr. Johnson m the United States Senate, while he Vt as a member of that body. The ameudment pio.osing the election of President by male voters at large, in the opinion of Mr. Johnson, will eventually regulate the question of suirrae within the States, by maklug it cf Imperative interest that each Stale include as many votors as possible, and thus In proper time the fran chise will be extended to 'the colored people. It Is net expected that Mr. Johnson will propose action on the amnesty question by Congress, inasmuch as he holds that under the Constitu tion, the Executive has tbe solo power to grant amnesty and pardon, and therefore he will not propose that Congress legiil.ile upon that subject. The only sta'.esmanhke proposition here Is that which takes the election of Senators from the Legislatures, and puts it immediately iu the hands of the people. This will be acceptable to the masses, but the politicians will object seriously. Why? Because it is the revival of Hamilton's idea of having a more centralized Government. It is a ctcp towards abolishing our State Legislatures. Its advocacy by John son would seem to indicate that he has changed his politics irom Democrat to Federalist. Our Forelgu Relations. It is said that General Banks, Chairman of the Ilouxe Committee on Foreign Relations, has prepared bills looking to an alli ince between the United States, Russia, and Prussia; and for the purpose of occupying Mexico, dividing it into fifteen States, guaranteeing them a republi can form of government. We caa only hope that this is true, and that these bills will speedily be passed and put into execution. The "holy alliance" will give us not only Mexico, Cuba, and the whole Continent and the Isthmus,. but it will secure them to u in a peaceful way. War will be impossible if the diplomacy is placed in god handd, FURNITURE, BEDDING, ETC. BUY FURNITURE AT GOULD A CO.'S Union Depots, corner M NTH and JMABKST and id. il and 3D Korth BtCOM) Street. 1 he largest, cheapest, and best stock of Furniture, o every description, in the wor n. Send tor Printed Cata log ue and Price Lint. 'Ihe soundness ot material and workmansbfp Is guaranteed of ail we sell. Furniture for Parlor, Druvtlng room. Chamber or lied room, Dining room, Library. Kltche'i, Servants' rooms, Offloea, i spools, Churches, Odd Fellows, llasons, or other Lodges, Bblpt institutions. Clubs, Colleges, Pub io Buildings. Hotels. Uoarding-Houses, Hospitals, Fairs, or a single piece ot Furniture. Drawings and esUaia es f umlBhed when required. Orders sent by post will be executed with deipatcb, and with liberality and Justness of dealing. Country dealers, ana tbe trsde generally, continue to oe supplied on the same liberal wholesale terms, that Insure the a lalrpiofli. Parties at a olstanne may remit through our lleukei, tbe Farmers' and Mechanics' National Hank, Cbesnut street, or tbe Union .National Bank, Third street, or bv Express. Check, or Post Ollice Order. Im mediate attention wlU.be grtcn, and satisfaction insured. GOULD & CO., K E. corne HIKTH and MA B.KET Street and & oi. 37 and 39 North bECONl Street 10 So rhUodelpula. BEDOINO AND I FEATHER WAREHOUSE, TENTH blliEET, BfcLOW ABCU. Fcatber Beds, UoU'.ors, Pll Ions) Mattresses ot all kinds t liianketo, Ccmfortabli-s, Coun terpanes. Boring Heds, Spring Cots, Iron liedstesds, Cushions, and all other articled iu tbe line ol busiaioa. AMOS HIIXRORN. No. 44 N. IE Mil Street, 97 iinw:ui5p b:ow Area. a r h H rO HOUSEKEEPERS I have a large stock ol every variety oi FURNITURE Which I will sell at reducea prices, consisting oi PLAIN AND A1ABHLK TOP COTIAOS bUITS WALNUT CDAWKi.lt SUITS. PAltLOR SUITS IN VELVJC1 PlXSH PAliLOK SUITS IS UAltt CLOTH. PAULOK HITS IW HEPS. Sideboards, Kxtenslon Tables, Wardrobes, bookcase llattrtsbes, Loungeo, 810 etc, P. P. OUSTING' 6 1$ K. E. corner SECOND and BACK street. FIRST-CLASS FIKMTIUL, A Iarg Assortment of th Iatat 1s t j lea On band, and will be sold tlds coming season 1st vi a oderate prices, at J.. LI TZ'S Furultura Eittbllihmiat, D9 3tu No 121 Soatb ELEVEATU Street. gSTABLISUED 1195. A. S. ROBINSON, French Plato Looking-Glassos, EXGB1V1KGS FAINTIXGS, DRAWING 5 ETC, UannXacturer of all kind ot LOOKING-GLASS, P0KTBA1T, AND FICTUBE FRAMES TO 0BDEB, No. OlO OHESNUT STREET THIRD DOOB ABOVE THE CONTINENTAL, PHILADELPHIA. I IS FOK BALE STATE AND COUNTY EIGHT of Capevrt U Co. ' Patent Wind Guard and Air Heater for Coal OU Lamps i It prevents tb Chimneys from brcakln. This we will warrant Alo saves one third the oil. Call and them ther coal bat lea cants Mo. 20S HACK Sueet, Phi Jclblim. Sample sent to ! part ( IU Uui'.ed SibUsau rwtft ot i; wauu . Ill) PAPER iMNGINGS. pAPER HANdINm HOWELL & BOURKE, OORNEK 03 O z u x OP FOURTH AND MlttKET STSk, rniLADELrsri MANUFAC URERft OF PAPER HANGINGS AND VINDOW SHADES, Have uow iu Store for FALL TRADE A Fine Stock of Goods, the newest aud bt'Bl btjles, ELEGANT VELVET DEC0RATI0N3 Of all grades. PARLOR PAPERS OF THE RICIIESr DESIGNS. 40-INCII PLAIN PAPERS, Of every eliade, wku Mi GOLD MOULD INGS, all widths, to which we invite the attention of the Trade. WINDOW SHADES OF FINK SCOTCH HOLLANDS, All Widths, White, Buff, Green, Blue, Pearl Color. ELEGANT FIGURED SHADES of the mo6t elaborate designa. PICTURE CORDS, TASSELS, AND SHADE TRIMMINGS. . To the WHOLESALE TRADE we Offer an Extensive Stock of GREEN AND BKOWN GUM CLOTHS, TABLE OIL CLOTHS, at the Lowest Net Cash Prices, and work done bj oompetcnt hands. P A P E R H A N C I N G S A N D V I N D O W S H A D E S 111 CL CL HOWELL & BOUSKE, CORNER FOURTH AND K18KET 618.
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