The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-05-24
IMPEACHMENT.
Argument Of Senator Harlan in
Secret Session In Favor of
the Conviction of Andrew
johnson.
An Able Review of the Case.
[cosrIsurD.1

tCoSTISUED.
doubt it because the President, although
advised by counsel of the highest professional
standing. does not claim protection under this
law, but under the constitution itself: assert,
ing in his answer to this article, that his an
thority to make removals Is derived from thai
instrument, and tha, sthe congress could moi
deprive him thereof'' He does not even SC
much as name this act Of 1889. | doubt it,
because careful examination Of the debate
ofthe congress by whom this Law was enacted
will show that the members who insisted on
placing this phraseology in the text of the act.
did not coustrue il as a grant of authority Ia
make removals. In fact, Marshall, in his lifa
of Washington vol. 2, psge 1927, referring to
the debate on this subject says, that after
words had been incorporated in the hill ex-
plicitly authorizing the President to remove
the head Of the department, they were s,riek
en- out and the foregoing words substituted
Tor the express purpose of avoiding the in
ference that, in the opinion of Mr. Madison,
and those who agreed with him. congress
could either grant 10 or withhold this au-
ihority from the President 1t is perfectly
clear that they wished to leare this question
OF authority to remove where the constitution
lett IT. with legislative expression OF opinion
that the President could make removals. This
was doubtless Mr. Madison opinion and the
opinion of a majority of the members OF the
House. concurred in by one-half of the Sem
stors present, as tho record shows that the
bill passed by the casting vote OF the Vice.
President. Hence. the President 6 counsel,
who doubtless examined this case thoroughly,
do not claim authority under this law. They
knew It's intent WAS not grant, but an ex
preston of opinion on constitutional con-
struction. And as such ii is entitled to the
foht uh,c. IL nj, II
terances made in congressional debates by
members of congress, which. judging from
what | have heard from the President a
counsel and Senators in this consultation.
are not considered infailibte - even Less
authoritative than Judicial opinions--and, ia
my opinion, neither is entitled to any more
respect than 10 required By the weight of the
reasoning by which their opinions are sup-
ported. In the forum of reason is the tribu-
pal where they and We, all are compelled to
brng our opinions for arbitrament Asa
legislative declaration OF onioion injected into
the body Of law, granting nothing and de.
nying nothing, commanding nothing and pro.
hibitinE nothing, il is no more AUTHORITATIVE
than the resolution of the Senate Of Febgna-
~ II, 1868, informing the President that. hv
the removal of Mr.. Stanton and the appoints
ment OF Mr.. Thomas, he violated the constr
tuition and laws; and, in fact, is not entitled
10 30 much respect as an authority, because
IN adopting the decIara.ion in The law Of
1873 there WAS in the House a rery small ms.
jority in the affirmative, and the Senators
we're equally divided while in the adontion
OF the declaration in the resolution twentv.
eight Senators voted in the affirmative. and
but ak Senators voted in the negative and
IN the House of Representatives tbs snbstsn-
i've Allegation OF tine resolution as set firth
IN the nrst and second articles of ilnpeaeh-
tnent was affirmed By three fonrths u,a,nr;.
" Nor can the declaration cited BY Sena-
tors from kent's Commentaries i, which.
referring to this debate, he is made TO s.y
.hai ms legislative construction ofthe censti.
tahon mas ever since been acauiesced in and
acted upon as of decisive authority In ~
case, ne adopted, anqoeslioned. Far IL
proceeds 70 say SIT applies TO every otha,
p p Oh the Government appointed BIZ the |
PRESIDENT and Senate wh ose term 81 dnr.,;a -
Is not specially declared" iKsnt.s ssca
mentar,es; vol. s, psge 49, Tia Womb i.
.,u s All the officers of the army and nav
,sa us known to every reader Of tho 80,
,hs "a e. congress has from the ber;un;nr az
,sd :. 1Is = to tho present hour reynls.
o6asers .n ,Ss removals of this entire class Of
t;mes .n.c,ad .uaa congress has, 81 yar;ons |
ramn ri ~ c;r;,;a seEslating the mode ar
D-aa 4 taa. l~ll
= any time that declaring ss i. been held
als o. ohca-ihst ia the term Of sss,, 'n d. zen
80 - me commission mag run as,s.,.
=, ny s a. tho power Of removal. For es.. 70
masters ,.sr ri si;sss'lns land officers, post
sha many others an,hori,s .. -. ~,
to, nAea PERIODS, and yet ii 81 49,
praa;! maintained in practice ~. Wy
Of The Ssas, sn ~. :. any. time daiirg ,he ,.cass
shs 'as sessions With the eaaea wa, and dur
, nsas We b. been tins se,I 6 The
Rod s does m No. ssa, q 'aa ss s',se
Hence, as the co mn e.. daes'inn 81 rensssf
De untrue, bis eoncasiops . lae's Prove to
Weight. 60 far Is The urisors, e,se z haze
ton q The Govern rnsnt can se,.Is I've
,h aa g ooa %. ua o.. !, has ssss
@ ali odsssss sxespt ir1sss, ars =, !. asnais
nsansv = their remossl. 80 s'so N.