Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-24

lon. He doubled if the people would sustain
| THIS effort. Those who advocate Impeachment
| INSIST mat the President has violated the law
because ne has acted contrary to the provision.
| OF me Ienure-of-ofhce act He would not be-
fore this tribunal discuss the oonsttutionalIty
OF this act, but he would attempt 10 show that
the President must obey the Constitution OF the
| United States rather than a statute and il he
erred in judgment IL was no cause for irnneach.
ment. But admitting that the Tenure-of-office
act was constitutional. the President had
| for by the very terms Of the Tenure-of-
Office act Mr.. Stanton was a mere ten
ant at suferance, as be had not been
appointed to office by Mr.. Johnson. In
that law II was provided that CABINET
on1cers should only hold Office during the term
OF rhe President by which they were appoint
ed Mr. stanton was not appointed by Mr.
johnson, but by Mr.. Lincoln, in has first t,rrn
of Office, and he was consequently Secretary OF
War under Mr.. johnson by sufferance only,
and he would like TO hear the proof under the
tenure OF Ohice act which gave Mr.. Stanton
power as Secretary of War. The Tenure OF
ONCE act left the case Of Mr.. Stanton outside
of its provisions, for he was not MI Johnson's
secretary of War. Mr.. Boyer quoted from a
PRESIDENT had power TO remove and appoiat
Officers, and he said he challenged anything
maj would show repeal of that law.
Mr. Myers Ia SAID he could answer, and
was proceeding, when
Mr. Boyer said he had not yielded for a speech.
but simply 70 be informed what La " had re-
o.
Mr.. Myers would answer il his colIearue
would permit him TO do So
Mr.. Boyer would yield for an answer but
not Tor speech, and he resumed the floor
MI. Sehenck.-Oh, he does not want TO be
Mr.. Boyer then resumed, and argued in IN.
line first pursued, that Mr.. Stanton was A
mere tenant at will, and subject TO removal hy
mr. johnson at any time. But il is said on the
other side that the President has already recos-
nized mr. stanton as Secretary Of War. Ad-
mitting this to be fact, the President had a
rlght 10 exercise his judgment and discretion
In his construc ton Of a law OF Congress
Mr.. Kelsey IN. J advocated the Impeach-
ment resolution. He argued that Andrew
would be President of the United States He ia
SIMPLY Vice President of the United States
actlpg as President, and filling out the unex-
pred :srm Of Mr.. Lincoln. 1t is true he has
assumed the title Of President, but he Il not
clothed with all the full powers Of a President
elected by the people. But in discussing the
question he would proceed 70 .S...ce and ex-
press his views of what effect the irnpeach.
ment Of an ofhcer would have upon the no-,.
ton OF the person impeached He contended
that, under the clause Of the Consti,n,ion
which provides that all triais snau he hv
aJury except impeachment: the fart ~ ,m.
peachment was a criminal ,6a,ca ava ,ha
President was accordingly liable To renewal
from office pending his rial. The articles Of
iinpeaSmment ake tse place Of an indictment
ano therefore al principles thar govern the
rules OF evi. .ence in Criminal cases nusteovern
IL
IA eaees Vi Impeachment. The object OF this
~ was to prevent a criminal from doing a
Certain act or class of acts and unless there
was the power to control the criminal during
trial the very unlawful act complained OF
might be pushed TO a consummation. II was a
recognized rule that no man could be tried for a
crime in his absence, and hence the tribunal
conducting the trial must have control of the
person OF the party accused. If he is permitted
10 be in the fun exercise OF all his functions.
there cannot be- such control as IL contem plated
q r..f fha
mpeached is therefore suspended-lst Because
Impeachment is a criminal offense; 2d. Because
no criminal can be tried unless he is present in
person: 3d. He cannot be properly tried If he is
them.
Mr.. Cake (Pa.l advocated the adoption of the
resolution. The same cry that greeted our
ears now, "a violation OF the Constitution,l
greeted our ears seven years ago, ne said when
the loyal men OF the North sprang TO arrest
present treason. He had no confidence IN these
Constitution shriekers, and Andrew johnson
himself warned the people against those who
continually prated about the Con stitutioa
Andrew johnson has been going on, step BY
step, in violation Of law, and the House is to-
day about to meet the demands Of the loyal
people Of the North in bringing the renegade
President TO an account for the harm lac has
done the country.
Pending further remarks Mr.. Cakes time ex.
pired.
Mr. Beaman (Mich.) obtained leave 10 print
his remarks, and yielded his half hour in por-
MIR. Price (1owa), to whom he yielded one min
ute The latter advocated the impeachment
because he believed Mr.. johnson had rushed
madly upon his fate
Mr.. Blair (Michigan) obtained twenty min
utes Of the time, and said the House was
aboutto do the grayest act committed to il under
the Constitution The House of Representa-
uves has the sole power of Impeachment under
the Constitution, and it is therefore acting with
IN the bounds OF that instrument, and gentle.
men need not fear that the House will step be-
fS dQr (-nns II
had hesitated long before resorting 10 thls ex-
treme meas ure. because he believed We should
bear many ills before resorting TO il. But the
time for hesitation was passed, and he was
glad that clear case was presented, SO that
there was abundant reason why the people
could sustain Congress in this action. Refer
ring 10 Mr.. Boyers remarks about the usurp-
ations OF Congress, Mr.. Blair said. on the
other hand, the president. had endeayored TO
in,imidate Congress, and he would remind gen.
tlelnen of the utterances of the President two
years ago, on the I'D Of February. In this case
there is no question of law involved. for the
President has been guilty OF clear violation of
law. Where did the President get authority 70
make this removal of Mr.. Stanton over the
express interdict Of the Senate of the United
States Ii is too late for the President to say be
appeals TO the Constitution. He has, by his
own act foreclosed the question TO the con-
stitutonality OF the tenure Of Office act, for he
submitted the matter OF Mr.. Stanton's removal
10 the Senate. and that body overruled him and
declared that Mr. stanton was the Secretary of
u
remove him. The President has set hinsel,
against Tins Congress continually, and has not
been willing to submit when fairly beaten We
are compelled 10 the removal Of Mr.. johnson,
because the peac. OF the country demands il.
MIR. briggs (mich., had only TO say that were
the whole Democratic party Numbering AT the
doors OF the House to-day, threatened BY
Mr.. Brooks the other day, he would vote for
this resolution, and he hoped all would vote in
a fearless manner.
Mr.. Washburne (Iii.,) declared he should
vote for the resolution before the House. acting
with the majority of the Republican members
OF the House. He had not hitherto favored I'M
parchment against the President of the United
States not because he did not believe him moral
ly guilty OF improbable offences; mot because he
did not execrate his administration, but because
he felt that in the case heretofore presented
there might be a doubt of his onyiction. Rather
than branch out on a doubtful experiment, he
had been disposed not 10 push impeac hment in
the hope that the President, warned OF the power
OF the House. and indebted to its forbearance,
would so conduct himself as TO avoid the
necessity OF resorfing to the extreme remedy
provided by the Constitution. But all hopes
had been disappointed. Every act of TOR.
bearance had been but a fresh invitation 10
further and more fragrant aggressions, until al
last he had flung himself against the very buI-
warks Of the Con nstitution, defying the la ws and
overriding coordinate branch Of the Cover,
mint. The time had arrived when the r-o,ls,.
Representatives could no longer dsiay tbe vim
dication Of the Constitution. 10 him the parh-
way Sf duty was plain. ne scorned the thrrats