The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1868-05-27
VOLUME 8, NO. 43.
HIASZT AND PATRIO TIC
SPEECH OF SENATOR FEs-7
SENDEN OF MAINE.
EEis DigniGed Protest Against
The whole Inpeaehment
Proceedings.
WAsuINGToN D. c., May IA.

~ dshlNplON ~ Nsf 4Hal IT..
The following i a brief abstract of Fesser-
ien's speech in the secret session of the
Senate
Mr.. Fessendsn reviewed the whole case,
article by article. lie oaposed the con-
struction put by the Managers upon the
first article, which charges the President
with attempting 10 evade the tcnure-of-office
act, as leadings to a life tenure of Office, ar
guiug that the power of removal belonged
to the Executive, aud contending that hay~
ing been appointed by President Lincoln.
Mr.. Stanton did not come within the scope
flaw in question, and that the comsequen-
tly can not be held guilty under the first ar
ticle. Even, however, if were not satisfied
of the construction riven herein OF the act
OF March 2, 1867, should still hesitate to
convict the President of high mlsdemenoT
for what was done by him on the 2lst Of
February. The least that could be said of
tha application III Inc iirsi seottio. that
act to the case-of Mr.. Stanton is, that It's
application is doubtful.
II in fact, Mr.. Stanton come within 1t,
the act done by the President does not re-
moved him, and he Is still Secretary Of War.
1t was at most an attempt on the part ofthe
President which he might well believe he
had right to make. The evidence utterly
fails to show any design OH the part OF the
President to effect his purpose BY force or
violence. 1t was but the simple issuance OF
written order, which failed of its intend
ed effect. To depose constitutional Chief
Magistrate Of a great nation, elected by the
people, on grounds so slight, would in my
Judgment, be an abuse OF the power CON-
ferred upon the Senate which could not l,e
Eol q ha Tn
construe such an act as high crime or
misdemeanor, in the meaning Of the Com
stitution. would, when the passions of the
hour had time to cool, be looked upon with
wonder, if not derision; worse than this, it
would inaict wound upon the very strue
ture of our Government which time would
fail to cure, and which might eventually
destroy it.
Mr.. Fessenden next argued against tho
second article, showing that vacancy having
been legally made, the President has legal
right to make temporary appointment, even
without the consent of the Senate. Ii,
consequently, Stanton does not come with
in the first section of the Civil Tenure Act.
legal vacancy existed, and the material
part OF the accusation in the second article
is gone. The first two articles failing, the
third, fourth, fifth, sixth, seventh and
eighth must fail with them. Article nine
is, in my Judgment, disproved by the evi-
dence in regard to the speeches OF the IRE
sident.
Mr.. Tassenden held that the President
could not be convicted for an assertion Of
even an unconstitutional doctrine, if he has
not made any attempt to give practical
effect to that doctrine by action on 1t.
He then proceeded to discuss some Of
the points made in the arguments, saying
there was great diversity of opinion rela-
tive to the nature of what constitutes crimes
and misdemeanrs, and the power ot i'm
peachment as conferred by the Constitution
is in very general terms considering the
cases of impeachment, and is vaguely rro-
yided for by law.
He thinks the ease OF impeachment the
elective Chief Magistrate of great nation,
for political causes, an unnecessarily harsh
measure, and one hardly worth resorting to,
except upon clear and urquestionabie
grounds. There is more at stake than the
fate Of the individual that which tends TO
weaken the respect Of the people tor the
ctfice of Chief Magistrate, and brake down
barriers surrounding that office, to make 1t
the mere sport of temporary maJnrllies,
tends to the great injury OF our whole Coy
ernment, and wounds constitutional liberty.
He does not consider the charges agsint
the President sufficient to Justify his remos-
al, especially as the Offices is to be transferr-
ed to the hands Of those removing him.
He coutenae,l that the offenscs justityiug
the removal from Office should be OF such
character as to coGlmend themselves 10 the
people. The removal should be free from
faint of party, and should have no reasons-
BILE grounds Of sus piclon mon the motives
Of those rficting the penalty. And thing
less than this, where the eflensc is not de-
fined by any law, would not, in his jude-
ment be justified by considerate public
opinion and It's tendency would be to shake
the iaith Of the friends of constitutional
liberty in the permanency Of our free in
stitutions.
In reply to the suggestion that popular
opinion demands the conviction of the Pre-
sident, he said the people have not heard
the evidence as we have heard it. The
responsibility is not upon them, but upon
us. They have not taken an cath to do in,-
partial justice. | have taken that oath. /
can not render judgment upon their conyic>
tions, nor can they transfer to the them
selves my punishment if violated my oath.
| should consider myself unGescrving the
confidence of my people and unworthy OF q
place among honorable men. The conse-
quences are not for me to consider The
future is in the hands Of him who made
and governs the universe, and the fear that
lie will not govern it wisely and well would
not excuse Inc for violation ot His law.
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