The Portland daily press., 1868-05-18
Impeachment.
prcrxYor n.rpoT'a SPEECH


DISTRICT ATTORNEY TALBoT's SPEECH.
The following sketch of the remarks of Dis
trict Attorney Talbot at the Republican mass
MEETING Friday night, was unavodably omit
ted from our Saturdays issue:
Nothing is more manifest than the anxiety
and alarm which the presence of MIR. johnson
in the executive chair occasions everywhere in
the minds OF loyal people, This meeting in
the very home Of the distinguished Senator,
;tI4 inuicated DECISION has exetea od
ltude, attests it. The spontaneous gatne.ihes
OF patriotic men in other cities, caiIeu "
the spur of impending danger lnolcale
1t. 1t is spoken in the serious voices OF
business men on the street; 1t saddens the
circle of the fireside like some brooding do
nestle calamity. At no time, since the whole
tatriotic community thronged the telegraph
offices, hanging upon the tate Of battles in
which their children and brothers were she'd
ding their blood, has the general excitement
been so intense as during these few days that
we have waited for the verdict upon the case
of the man the people have felt to be their en-
envy and the enemy of peace and liberty.
The question naturally arises, why this sus-
p'clon aud apprehension? For one l have
strong faith in the popular instincts. believe
the American people recognize and attach
themselves to the men who are their friends
aud with unerring sagacity detect and suspect
their enemies.
Cool and judicial Senators may see no reas on
why an unfrendly President-a President who
has purposes to accomplish directly hostile to
all that the people have so earnestly deter
mned-Should not be tolerated during his
term. They may hops to bind him with legal
ropes and constitutional withes so as to mas
ter the strength of his will
Legislators have great faith in legislation
Every officer magnfieS his office Last sum-
mer, Congress, using all its skill and law-craft
passed an act designed to cramp the executive
branch of the Government in the management
of the army in the lately rebellious States.
Since the war ceased that whole country has
been governed by the executive, with the army
of the United States for his posse conlitdtuS.
There is no Legislative power no judicial power
III those States, except what is provisional, and
subject to military control. To all intents and
purposes the South has been treated as con-
quered territory. So Congress provided that
all military power should be in five district
commanders, who happened to be men of tried
patriotism and prudence as well as bravery.
But the members had scarcely dispersed to
their homes many had not reached them
before It was found that the appointment and
removal of the district commanders them
selves were in the hands of the President, and
that he could at any hour displace the men in
whom the country had confidence and fill
their places with officers acceptable to rebels,
which he forthwith proceeded to do. This
shows at what tremendous disadvantages Con-
gress must contend with an unfriendly Chief
MAGISTRATE, whose power is vastly increased
by the abnormal condition in which the civil
war left the rebellious States. The people dis
trust such futile expedients, and feel that their
only safety is in his displacement.
Buchanan's four months of Presidency after
the election of 1860 had driven the South to re.
volt, ripened that revolt into four years civil
war. With the leading and educated class in
tel States SO contemptuOusly hostile to the
whole political order based upon the equal
rights OF all. that they will not take Office I'M
der it, nor swear allegiance to its Consti sution;
with the Supreme Court waiting to pronounce
new bred Scot opinion in the interest of eX-
| tinct slavery; with powerful party at the
North, whose few members of Congress are
| voting Indignantly against the re-admssion of
| the rebelllous States ard protesting that all
| reconstruction based upon republican pripci-
pies is nullity to be hereafter set aside the
President has power, shorn as he has been of
patronage, to turn the scale against the pacifi-
cation of the country upon the basis of liberty
and impartial suffrage.
What means he will take to wreak his ven
Seanee upon the party, who have subjected
b m to an lgnomlnious public trial and soiled the
dignity of his high position, no man can fore
see. We only know his persistency and obsti-
macy are not capable of being overborne His
| mind is incapable of new expedients, it receives
| no light from popular discussion no inspira-
| ton from the spirit of the age
As to the momentous question the Senate
are tomorrow to decide, it is -superfiuous to
discuss it further. There has been an ava
lanche OF words and arguments precipitated
upon 1t, under which its plainness and sim
have understood it from the first. A law of
Congress declared the removal of certain civil
officers without the consent of the Ser ate
mlsdemeanor punishable by fine and imprison-
ment. The Constitution declares all civil Off
GERS, the President included, Improbable for
crimes and misdemeanors. Mr.. Stanton's case
came within that law, or it did not. If it did
Mr.. johnson was guilty of misdemeanor in
othce. Ii 1T did not, he violated the Consttu-
ton and the laws of the United Statos and the
established usaopS of the ina
manner in which the removal of the Secretary
was effected.
know it has been said he violated the ten
ure OF office law to bring the question of the
validity of the law before the Courts Con-
ceding, which do not, that citizen ami even
magistrate may do that, it must be remem-
bered that whoever deliberately nfracts law,
rot only runs the risk of its penalty, but puts
1t IN the power of the officers of the law to
choose their mode of redress and the tribunal
before which the law shall be indicated. A
man may break into my stable in the night
time and carry away my horse, and when con-
Ironted with the fact, may say claim this
horse, and took him away, in order that Won
may bring an action of trespass against me-
l should not be likely TO crafty his litigious
spirit. should probably hand him over to
my friend the County Attorney to be prose-
cuted for the theft
When Mr.. johnson violated the tenure of
Office act he subjected himself to the danger of
complaint, trail, conviction and punishment by
the Criminal Court of the District of Column
ba. But the proceeding by way of impeach-
ment was more obvious remedy. and pro-
ceedlng far more consistent with the dignity
OF his high office. The advantage of the accu-
slton OF the people being sent to that high
tribunal is, that in the course of necessary
legislation they have DECIDED, by a vote of %
to . that the removal of Mr.. Stanton was I'M
authorized by law. How they are to 20 be-
hind this deliberate decision, it is difficult to
See II concludes all who affirmed it, among
them Mr. Srumbull. Unfortunately our own
Senator did not seem to have voted ON the
question. But if the specific question of the
remoyalsof this officer had been referred 10 the
Senate for the purpose of obtaining its sane
ton and confirmation of il, in order to render |
1t complete, then do not see why all the SEN
age, minority as well as majority, are not con-
Guided by that official egis alive act of the
body, as party to the appointing power, and
even those who may have voted against the
act are bound to vindicate the Constitutional
prerogative of the Senate, and to resist the
encroaehment of the Executive in whatever
form the question may be presented to them. |