The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-03-27
dissharss the po~srs and duties Of aid once. the
sans skall dsSolys on the Wee Rrssidsutn

I. 1850. The death Of Mr. Lincoln did No
sdsot the term f.r which he Vas elected. Tbs
10 dxed by the Constitution. Upon his deaf
"ths powers and duties OF said Office devolye
upon he Voc President" (Mr Johnson) o.
the unupirsd term 10 Mr.. Lincoln. II ~ IN
gsntlsman contends. this is Mr.. Johnson
term. u doss p"t expire on the eth day "
March, 1850. Tor III. Constitution in -spr..
terms provides that the Presidential term sh.l
BE- four year.. anil this construction is In s'r'e
accordance With "populsr language and con
stitutiousl Phrase The term Of . SsnNi"r
dxed 81 SIX Year, and that Of Represen'.y.'s,'
At tvo yard rhs po~srs and dstss o; ,". ~
Offices Do nos dsso,vs on any ofnc~r 'ns'o.
them In csse 10 death or res'gnaIso' NV
succ,sso, 4 eh,.eo-6,r hos long! For
tsrmi No /; bot 10 Oh the snsxp'rVu w" VI
his predecessor. 800.
n. ,.,,,. ..,.,,, NJ the President used In
ths ssours of oa,e. .ct must be hsld 10 rsisr "a
the t,rv Sor vhieha President b sleoted and
is.s 4, Ia p...s ., " the teuure.oeoihee cot
Cooo,ss in,soJ,d "a take away aad did take
svsv m, pover ~ Wee Pressieos, succeed
inc 10 the oih,e 10 President Cor an anex-
pir,d term. TO change the Cabinet of the Prss'-
an. ,,,yi.o 10 ''the Secrr,ary OF Nafe.' 20 .
..hsil hoh their respective othoes.' Dues
this language i~piy that the act Is retroactive
10 its epesst'onf
Al IN. expiration Of one month amer rrssi-
dent Lnculn's Inauguration or death MT
stanton vas lawfully holding. and continued
lawfully 20 hold, the otie 81 the SECRETARY OF
War. The fixing Of limited term ~ this
ot.ice. or the tenure Of once act In no Way
affected such holding. Il could not and did
not attempt to do ~. IL only aimed to act
upon the future.
by the proyis, the power of The President to
, IA ~. snl
consent of the SeuSte vas absolutely taken
away during the term. II. ~ the geutlemeu
q Juteui, the present SECRETARY Of War IS not
included in the provso, then he Is person
holding civil oti,ce. ~ mentioned In the holy
OF the section. anil removable only - therein
provided. The section In terms includes every
one holding civil ofi:s by appointment. with
the advice and consent ~ the Senate. at the
time Of the passage 1T the act, March 2. 1867.
Mr.. Stanton 81 he'll the civil ofi,e VI Secr~-
tar, Of War on that day. The section makes
no exceptions. save by including In its pro,iso.
m the c..e uf Mr. Stanton Is not incluled In
the provisc Il is contained Anl provided for by
the boiy uf the secticu. and he Is not rrmova-
HE save by the sisice and consent ot the
Senate.
Lei a, see how Mr. Johnson himself con-
struei the a;t IT, returning u To the Senate
with his objections. March 2, 1917, he says;
an sysc, IN. bill provides that the President,
shall not rsmoye from their places any Sf the
civil Officers waoss rus ~ ser'ics are mol hm.su
by Law without the Aivlee and eontsnt vi the
Senate"
Section two ~ the set provides that " an
oficsr during the re,rss of the senate be
guilty Of crime vr misconduct in oihce, or
from any cause becomes disqualified from per-
forming its du,ies, In such case, and no other,
the Prevalent may suspend such oticer. and
designate some suitable person 10 perform
temporarily the duties Of such Ytice until the
next meeting Of the senate. and until the case
snail be acted upon by the SENATE; that shall
he the duty OF the President within twenty
days AFTER the 6rst day Of such next meeting OF
the Senate Ia report Ia the Senate such aus
pension, uith tn. evidence and reasons TOR his
action in the cs-e. AMI the name Of the person
% designated to perform the duties vi SAID
office.
during the recess Of the Senate Mr.. johnson
su,peu.led Mr.. Stanton AMI designated Gen.
Grant To pertorm the duties Ut the once ad
tatsrim. Within twenty DAYS afer>the meet
ing Of the senate he sent IN his reasons for the
SUSPENSION, all In exact accordance with the
requirements OF this Law and under the au.
thority 10 no other Lag, IS there Is 10 other
Law suthorising such temporary appointment
Of q civil officer. The Senate disspproNed OF
the removal ii Mr. Stanton and reinst'ted
him, when Mr.. Johas"n attempts to remove
him again, In defiance ~ Law Under these
circumstances how can IL be claimed that Mr..
johnson understood the Law didsrsntly from
Congress!
Bot, sir, Il IL urged that something more
than an unconstitutional act ~ the president
must be shown in order to justify hts impeach-
ment. All mer are liable to err 10 opinion,
and an unauthorir-t offi,ial act may be the re-
sult simply n an ho,est error of Judgment
and rs such furnishes NJ good ground Tor dis
misssl from ofi,e To justify removal by i'm
peaehment there must be shown an evil ,pur-
pose, q siliful disposition Ia disregard the
laws. q cherished intent to vioiste the Constr
tuition. tn usnrp unlawful power, t. disturb
the public peace. and prevent the public pros
psriiy. That on the part Of Andres johnson
there have been In the performance OF the act
which 10 the chief hssis of the PROPOSED articles
a impeachment such purpose. disposition. and
intent Is easy IN prove.
Tina, his siolsi\on Of the laws Of Congress
vas Deliberate and pr-neiisatei, AMI that his
purpose wSs to sus,sin his usurpation OF au-
thor,ty w force, hal he not been thwarted oy
the q neral % III. army ard the Secretary OF
WA. Ia clearly indicated ny the following ex-
tract FROM his annual message, Submitted To
the prsssut Congress On its assembling In De-
ee,nber last:
.I,ov f.r the duty of.tAe President TO preserve.
prot ,., anl defend the Constitution requires him
To- ~ In opposing an unconstitutional act OF Con
rrrss Is q very serious and important question, on
which have dsliser lted mach and eit extremely
anxious 10 reash psopsr conclusion. Where an
act has heen eAs.ed according To the forms OF the
Combination nv tho supreme legislative Authority.
and IL regularly eurplled among the public stat
nts, Of IN. counsry .Srsatiue resistance IN H. es
p~siaily In times nc hish party exeitsmens would
he lisels To pr.du,e v'osnt collision between .ne
respective n,th-rvu<s et the two branches OF the
t,osornment This soaid no simply civil war
and civil var must Ne rcsorted TO only S the ,sss
remedy for the worst of evils Wnatever might
,-nd 70 provoke 70 ;n.sd BE mos, s xs. s' s
needle yery mavh 60 honest error, and sometimes
even ts pervesse malice, before he vii endasg-r
the panlie ps.ss he viii no, adopt iofeiois @ss.
those which ere pe,ceahle remain open TO him or
his constituents 10 Is tue That cases may occur
IN which the Executive would be eompelled TO
stand ON it, rights add maintAin them regardless
Of all consequences"
Here |. a President Of the United States de-
liberating upon what, How far Is he required
10 go 10 opposing an act u Congress which he
may deem unconstitutional lie Is contem-
plating executive resistance to an enactment
passed. in constitutional form by the supreme
legislative authority, and regularly enrolled
among the public statutes. Such resistance IS
would lead 10 violent collision and produce
civil gar. lie 10 studying the limit OF conces-
SION OeyOuu Wntcu Nc msy P'VSeVu W es"sN'
the public pe,ce. lie 10 considering cases
where be aus, resort to forcible measures. or
measures SAich ,esi To torce, regardless OF oil
consequences These are his forms OF expres-
sion, his vsry phrases. And they indicate,
not that he IL meLtaiing resort to the adju-
dicstion Of the courts, an appeal TO the judi
cial tribunals. or any lawful arbitrament un-
Ger the Constitution; but that his thoughts
dwell on revolutionary measures OF violent col
lision and civil var. Has any previous Presi-
dent 10 the United States furnished any prece'
dent for the use OF such language In his mes
sage Ia Congress, Not Que. This sxtrsordi-
nary and revolutionary language. addressed
by an executive officer 10 the peoples kepre-
sentati,ss, hes NO parallel in the annals of our
country. its Counterpart Is only 10 Dc found
In the proclsmstions Of usurpers .! the lioer.
ties Of the people. In the light Of these and
other declarations OF the dark workings OF the
Presidents mind u 10 s>sy to zee that his at
tsnn,e.l pruoval az S,eFstsvv q .nfan frorn