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
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u
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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
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R
H
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C
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G
S
A
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V
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D
O
W
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S
111
CL
CL
HOWELL & BOUSKE,
CORNER FOURTH AND K18KET 618.