The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1868-05-15
ScH0toT EdmVn{S on ImDeach-
HteI{f.

SeH0tor EdaiUndS on Inpeach-
HieHf.
At the deliberation of the Senate on
Monday senator Edmunds read his
opinion from manuscript of which we
find the following abstract i'm the New
York Times:
After declaring that he was not in
tlueneed 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 charges of violat-
ing the Civil Tenure act. He argued
that the charges were sustained by the
proofs, and insisted that the only ques-
ton then involved was whether the
acts committed were crimes and misde-
meanOrs. After quoting the constitu-
tisnal provision regarding the appoint
ing and confirming power, he proceeded
to explain that the only powers granted
to the President by the Constitution
were those of COMMUNICATIVE TO
grant reprieves and pardOns on the
other hands his duties were distinctly
defined. Among them being the re-
sponsiblity of faithfully executing the
laws. The limited powers which the
trainers of the Constitution thought fit
to grant to the person who has to take
the place of Kings and EmperOrs in
systems of government hostile to liber-
~, could be easily named, and ought to
be zealously defended. The duties re-
lating to the execution of the laws could
not be easily foreseen 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 faithfully executed.
This could only be done by just such
and only the methods and agencies pro-
vided by the laws themselves. He could
not rightfully violate the laws in order
to enforce them.
After clearly stating these principles
he proceeded to argue that the Presi-
dent could only use the power of APP
pOintment in the manner prescribed bv
the Legislative department he cannot
accomplish a legal purpose by illegal
means, or break the laws himself to pre-
vent 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 carry
ing into execution the foregoing, 4. e. the
legislative powers and all other powers
vested by the Constitution liz the Gov
eminent Of the United States or any de-
partment thereof. In view of these
provisions he insisted that the power 0v-
er the tenure Of civil offices was vested
in Congress- and that the trainers of the
Constitution intended to leave the Sc
lection of office-holders tothe President.
acting with the advice and consent of !
the Senate and leave to the whole Gov |
eminent, that is to the law-making pow |
er, full discretion as to the establish !
ment of offices, and as to the time uDon /
which and the tenure by which they |
should be held by the persons so select |
ed
Having thus argued the application of |
the Civil Tenure act to Secretary Stan 1
toms case, he proceeded to explain that /
it had been violated by the President in
his removal of that officer; he previous
ly quoted number of Supreme Court
decisions sustaining his views regarding
the legislative power, and then present.
ed lengthy statement of other authori-
ties, including the members of the early
Congresses; he then discussed the.acts of
1892, 1895 and 1868, relating to I'D inter
i'm appointments, and argued that Secre-
tary Stanton was Secretary of War, not
the expiration of the term
of office for which he had been confirm
ed, and consequently the Civil Tenure
act held in his case. He dismissed the
fourth article with the statement that il
was not proven, and announced the
same opinion regarding the conspiracy
articles. He also dismissed the ninth
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,