Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-05-20
Senator EdmundS OH impeachment.

At the delberation Of the Senate on Mon
day, Senator Edmunds read his opinion from
manuscript, of which we find the following
abstract in the New York Times
After declaring that he was not influenced
by the partisan aspect of the case, Senator
Edmunds explained his views regarding the
judicial power of the Senate, and proceeded
to argue at length for conviction on the char
ges of violating the Civil Tenure act lie
argued that the charges were sustained by
the proofs land insisted that the only question
then involved was whether the acts committed
were crimes and misdemeanors. After quot
ing the constitutional provision regarding
the appointing and confirming power. he
proceeded to explain that the only powers
granted to the President by the Constitution
were those of Commander-in-Ch and to
grant reprieves and pardons on the other
hand his duties were distinctly defined
Among them being the responsibility of faith
fully executing the laws The limited pow
which the trainers of the Constitution
thought fit to grant to the person who was
to take the place of Kings and Emperors in
systems of government hostile to liberty,
could be easily named, and ought to be zeal
ously defended The duties relating to the
execution of the laws could not be easily
foresecn in detail, and from them could
scarcely arise any danger to the Republic,
for the President was not to execute the laws
himself, but to take care that they be faith
fully executed This could only be done by
Just such and only the methods and agencies
provided by the laws themselves. He could
not rghtfully violate the laws in order to
enforce them.
After clearly stating these principles he
proceeded to argue that the President could
only use the power of appointment in the
hoJ b1,t FL.
ment he cannot accomplish legal purpose
by illegal means, or break the laws himself
to prevent them being violated by others
To sustain this position he quoted the Ian
guage of the Constitution that Congress shall
have power TO make all laws which shall be
necessary and proper for carrying into exc
cution the foregoing, /. G. the legislative pow
ers and all other powers vested by the Con-
sttution in the Government of the United
States or any department thereof. In view
of these provisions he insisted that the power
over the tenure Of civil Offices was vest ted in
Congress, and that the trainers of the Con-
stitution intended to leave the selection of
office-holders to the President, acting with
the advice and consent of the Senate. and
leave to the whole Government. that is to the
law making power, full discretion to the
establishment of offices. and as to the time
upon which and the tenure by which they
should be held by the persons so selected
Having thus argued the application of the
Civil Tenure act to Secretary Stanton : case.
he proceeded to explain that it had been yio-
lated by the President in his removal Of that
officer; he previously quoted 4 number Of
Supreme Court decisions sustaining his views
regarding the legislative power, and then
presented a lengthy statement Of other au-
thorities, including the members Of the early
Congresses he then discussed the acts Of
| 1872, 1895 and 1868, relating to al interim
appointments, and argued that Secretary
Stanton was Secretary of War, notwthstan-
ding the expiration of the term Of Office for
which he had been confirmed, and conse-
quently the Civil Tenure act held in his case.
! lie dismissed the fourth article with the
statement that it was not proven. and an
nounced the same opinion regarding the con-
spiracy articles. He also dismissed the ninth
article in the same manner. Regarding the
tenth and eleventh articles, he expressed the
opinion that they did not come within the
constitutional meaning Of high crimes and
misdemeanOrs.