The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-06-05
OPIIrI
HON. GEORGE F. EDMUNDS,
or YERM0AT

In he case Of The Impeachment Of .aadrs,'
Johnson, Preaidsni Of tie Uaiied Naies.
Ma. PaEsrpEsr: had hoped that III,
formal consideration Of the subject woul,
be officially reported in order that the worlt
might know, without dinunition or exug
gcration. tho reasons and views upon which
we proceed to our judgement. But as th'
Senate has, for causes satisfactory to itself
decided otherwise. have reduced to writ
ing all that expected to have said here
that Il may be. 80 fhr as Of any interest te
them, exposed to the examination OF my
countrymen.
can only, within the time allotted by
tho rules, state briefly the grounds upon
which my judgement in this case rests. All
the arguments on either si,ic cannot be re-
viewed in detail, and they must therefore
be dismissed with the general observation
tina, In those respects IN which they arc moi
in harmony with the reasons or conclusions
now state, they appear to me to be ,'n.
sound.
A my duties are clearly Judicial, "im.
partially" to try the respondent upon the
accusations contained in the articles Of i'm
peachmeni, and to decide according to the
Constitution and the laws" l have only
conscientiously to discharge tina, duty, and
30 doing have no concern with RESPONSE
bility for the consequences, poli'ical or 9TH
or, that may flow from my decision. lfthe
respondent has been guilty ofa violation OF
law, the Representatives Of the people In
the House Of Representatives. like a grand
jury in ordinary cases. arc the sole judges
whether that violation Of law IL Of such
consequence ns precedent, II permitted to
pass without notice, rs to quire the prose.
cution Of The offender. As they have pre-.
sented the ca,ise for our action, we have
only to apply the law m II is to the facts
proved. We have no discretion to say
guilty or not guilty according to our views
or expetiiency Of our personal wishes
Whatever they may bc they can have no
tendency to show Tint the respondent Is
either innocent or guilty. These PROPOSE
tons arc fundamental elements in NIL civil
llzed systems Of jurisprudence. Any other
would be a mockcry Of justice, and soon
result in the destruction OF liberty and a
free government. The truth and the law
are the only stable foundations Of society,
aud whoever, for any cause or motive. how.
ever worthily apparently departs from these,
commits great wrong upon what all goo'i
lnen unite 10 wishing to preserve.
The statement Of these principles would
have been work Of entire siipererogation
but for the fact That the appeals aud renIon.
strxnces Of the press OF the country, touch.
ing our disposition of the case, have been
urgent, and which, if extended to oil trials,
would poison the fountains Of justice.
The first three articles, tnken collectively,
charge the respondent with an illegal re-
moval Of Mr.. Stanton from the office rs Sec
stary Of War. and the illegal appointment
.of Adiutant General Thomas, ad interim, In
his place. These articles also aver that these
acts were done with intent 10 violaia the
Constitution and tho law. Tha answer as
serts that although the acts charged were
designedly done they are justfiable, because.
/. II the net Of March 9, 1867. prohibited
them, Il was IN conflict with the Consiitu-
ton, and therefore void.
9. The Constitution and the laws under
il in force prior to March 9. 1867. conferred
the power Of removal upon tho respondent,
and that act did not in this instance purpOrt
to take il away.
3. II Mr.. Stanton was lawfully removed.
the power to appoint General Thomas was
conferred by the act Of l795, which for that
purpose was still in force.
4. If either the removal or appointment
was in violation Of law, still II WINS done IN
good faith. under sincere claim Of right,
nnd therefore il could not he the lasis OF or
amount to crime or inisIcn'canorr
aHu
for tho appointment Of officers, us follows;
.And he 1.-THE Pres,dentl shall nominate and, by
apd with the advice aud consent OF th" Ses.ee,shs,
appoint ambassadors, other public ministers and
eonsuls judges of tho supreme Court, And oil other
officers OF the United states, whose appointments
are not herein otherwise provided ior, and which
by law vest the appointment Of such Inferior on
Gers as they shall think proper In the President
alone In the Courts OF Law, or In the heads of De-
partmenta'
And power was also conferred upon The
President "to fill up The vacancies that may
happen during the recess Of the SENATE, ny
granting commissions which shall expire ut
the end Of their next session."
"Thc executive power " named rs to be
vested In the President, must Of necessity
be that power and no other whicl, the Con.
stitution grants to him. SO speaking, It pro.
ceeds at once to define nnd describe u: Al
the powers OF the President are specifically
enumerated. with apparently the utmost
precision, even those most clearly within
The general definition Of "execulive power.
Two Of these, namely. the power TO be
Comiuandcr.in.Ch Chief, and the power TO
grant reprieves and parions, sro perfect y
iustraiions oi this. On the other lanl, his
duties arc partly delaile,i, as TO & receive
embassa,lors,' and partly genemlized, as
40 take care that the laws be faithfully ex.
ecuted." This difference arose irUm the
nature Of things The limited powers which
the fiamcrs Of the Constitution thought fl
to gran, to the person Who was to iuks the
place Of kings and emperors in systems Of
government hostile to liberty. could he ca
Sly named and ought to be jcnlo,'sly drfin-
ed. The duties relating to seeing the laws
faiihthiully executed could not all be fore.
seen in detail, and from them there could
scarcely arise any danger TO the Republic,
for he was not to exercise the laws himself,
hut to "tuke caro-" that they bc {" faithfully
executed" This could only he ,lono by just
such and only the methods and agencies
provided for that purpose by the laws them
selves. lie could not, righ,fnlly, violate the
laws in order TO enforce them. This Is, !
believe, unques,ioned: and il was perfectly
sta,oi by Attorney Grncrnl Black, on tho
10th OF November, 1860, in advising Presi
dent buchanan touching his duties relating
to some Of the first acts Of the rebellion. Ms
follows;
ITO the Chiel Executive Magistrate OF the Union
issoahded The solemn duty oi seeing the isws Nth
fally executed. That no may he able TO meet this
duty with power equal 10 i6 performance he non.
instss his ovn ssbofdinatss and removes then q
pleasure. For the same reason the land and naval
hrsss are under his orders a. their mandsr.in.
Chief Bat hi. power Y to hs used only In the man.
nsr prescribed BY the legislative department. He
caaiss sosouphsh . legal pasposs by illegal
means, er brsah the laws himself 10 prevent them
ffoa bsiag violated BY othsu."-9 ocsa,sas Lffsr-
ssy Gsssrsi, SIC.
The Constitution expressly provides, on
tho other hand, that Congress shall have
poWer- i'fs' & "r,l rHfE ".. q