The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1867-11-02
Impeaehment Of tho President.

Inc haolcaI press, lncludlnR the WnoIe
pack, Tray, Blanche, Sweetheart and all,
are now in full chorus dema nding the i'm
parchment Of the President. The re-
moval of Stanton, the spy, from tho Cab
met, seems to have been the signal for
this outbreak of partizan nalignity. It
is possible that tho radical reverses in the
late elections may have tendency to ar.
rest movement that looks to another
civil war. But of this there is no Ger.
tainty, and hence it is we'll that the
country should understand the impend.
ing peril. With the assembling Of Con.
gress in December there can be little
doubt but that articles of impeachment
will be presented, and an attempt made
to place tho President on trial before u
packed Senate. An attempt of this kind
Is sure to be resisted, and then will come
the tug Of war. The New York Herald,
a paper that latterly has boen supposed
to foreshadow the Presidents policy,
gives an outline of the course President
johnson is likely to pursue. It says:
"Thc President holds that each Of the
three great branches of the Government
is for itself the judge Of the constitutions
ality Of law. Congress, in the first
place, is Judge 1t passes q law aceor-
ding to constitutional forms by the requi-
site majority over the Presidents Veto
According TO the Constitution il can on.
ly legislate on certain subjects Well,
the law is passed aud il comes to the
President for execution. He is sworn to
faithfully execute his Office, and "pre-
serve, protect, and defend the Constitu.
tiou of the United States" Who is to
determine for him whether the law pass.
ed by Congress docs not conflict with the
Constitution he is sworn to defend If
he considers il clearly in violation Of the
Constitution. Is he not under the most
solemn obligation to refuse TO enforce it |?
II is contcnded by some that the more
usual mode is for the President 70 as.
sumo law constitutional until otherwise
declared by the Supreme Court This
the President considers only applies TO
doubtful cases; but where the conflict
with the Constitution is clear and un
doubted the President considers il his
duty 20 decline its enforcement altogeth.
er. Applying this to impeachment, the
following is the result: Congress passes
articles of impeachment, suspcnds the
President. and orders his arrest. The
Ntaf Ia.
force the laws which he honestly believes
20 be in antagonism with the Constitg.
tion.
He takes one view Of the law, Congress
another. He holds that he can only be
removed on conviction of treason. bri-
berry, and other high crimes and misde.
meanors." He holds that mere differ.
ence Of opinion as to the eonstituiionality
Of law between himself and Congress
Is neither treason. bribery. nor other
high crimes or misdemeauors. He holds.
therefore. that he cannot be impeachcd,
suspended, or removed from Office.
Congress insists he can. Then, he
considers. Congress places itself in an
attitude of revolution 1t thus violates
the Constitution by attempting to usurp
the executive power. and must be put
down. How will this be done? The
President, acting for the best interests OF
the country, and deeming the safety Of
the Republic in danger will issue proc
lamation proreguing Congress, calling for
an election OF new members, and invok-
ing the aid Of the people to sustain him.
This, | am assured. is the view the Pres.
ident takes of the impeachment muddle,
aud the way he will act should the occa-
sion arise.
Under the Constitution the President
has the power to prorogue Congress only
In disagreement to adjourn. But in a
great emergency, where the life of tho
nation is at stake. the President considers
the exercise of extraordinary powers jus.
tifable. Moreover. Congress, by assum.
ing unconstitutional powers and attempt.
ing to destroy the Executive, disqualfes
itself. is no longer lawful Congress, but
body of usurpers and traitors. As such
they have no rights the Executive il
bound to respect, and the Executive viii
deal With them accordingly. The Presi
dents theory is that they first inauguratC
revolution by attempting an act subver
sive of the Government. and upon them
will rest the responsibility of any strife
or confusion that may follow.