The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-05-04
BY TELEGRAPH,
CONGRFSS.
WASHINGTON, D. c. May 2, 1868.
SENATE

viewof the Tenure of Office act, no
removal is charged in the articles or is
made out in the proof. The issuance
of an order for removal is the gravamen
of the charges. The tenor of every ar
ticle is that Stanton never has been
removed in law or fact, and that there
has been at no time vacancy The
proof, show that Stanton remains in
posses sion, and that his official acts
continue to be recognized; the act con-
tains n provision forbidding an at
tempt to cause removal and making IL
penal TO issue an order tor that pur-
pose, but II Senators should be of the
opinion that the tenure.of. Office act pro-
tected Mr.. Stanton, and that the at
tempt to remove him was equivalent to
removal he argued, first, that the
President had the right to construe the
law for himself, and il in the exercise
of that right he committed in error OF
construction, and acted under that err
ror. he is not to be held responsible:
strued the law as to be of the
opinion that Mr.. Stanton was intended
to be protected by it against his power
of removal, and was ofopinion that the
law in that respect was contrary to the
constitution, he Is not to be responsible
II he therein committed an error.
Mr.. Stanbery argued these points
son and Van Buren, to sustain his
views. he next argued that the Ten
ure.of Office act had never been held by
the Supreme Court to be constitutional,
but even if it had been, what ground
would there been for holding the Presi-
dent guilty of high misdemeanor in
forming an opinion sanctioned by three
of his predecossors2 He cited from the
Fedaralist that no legislative act con-
trary TO the Constitution can be valid,
and from Chancellor Kent, Chief JUS
tice Marshall and others in support of
his position, that the President is vested
with discretion. Mr.. Stanbery then
proceeded to consider the conspiracy
articles, arguing that not a word of
proof had been adduced in their sup
port. The Emory article has no sub
stance or foundation. The tenth arti.
Gle is, he said, in violation of the right
of free speech, valued by our people as
u jewel beyond price, and expressly
protected by the first article of the
was an indefinite allegation, unsus-
tanned by proof, and was already sufH.
ciently answered. Mr.. Stanbery then
denied that any injury had been caused
to any individual or officer of the Gov
ernment. No public interest has suf-
fered by the action of the President.
He continued, maintaining that the
issued by the President in exercise
of an undoubted power, sanctioned
by the constitution and endorsed
by every incumbent of the
Presidential ofice. Then how
can you punish him for following
in good faith that oath he has been
compelled to take to preserve, protect
and defend the constitution OF the
United States? Nothing is.plainer than
the duty of the Executive to resist en-
croachments of the legislative depart
ment. Whenever President is deliber-
atelY of the opinion that an act OF Con-
Cress calls upon him to exercise pow
er not given to him by the constitu-
ton, he violates that constitution If he
follows 1t. Again whenever he is called
upon to execute law which deprtYes
him of a constitutional power, he Vio-
lates the constitution rs we'll by eSecu-
ting it. A great trust is committed to his
hands sanctioned by solemn onth,
and he cannot surrender the one nor
violate the other.
Mr., Stanbery next adverted TO the
fact that for the first time in the histo-
ry of this country, laws were passed on
the second of March, 1867, purporting
to change the order of Executive ac-
ton. Observe, however, he said, that
neither in the primitive clauses OF
the second section of that military ap-
preparation act.nor in the sixth section
OF that tenure of.office act is the Presi-
dent of the United States so much as
mentioned. Whoever drew these acts
shrunk from referring TO the Office by
name; It is under the general descrip-
tion OF a person or civil officer that he
is made liable to a fine and imprison-
ment for failing to carry out the new
provisions of the law; but .there Is no
Question, that it is the President and the
al 10 r1nanis tho
law was made for him and the punish
ment was for him. He is left no choice
and no chance of appeal to the courts.
The language in effect is, "this is or the
penitentiary do our bidding or take the
consequences of impeachment" In
the history of legislation nothing like
this is any where to be found. The
language Of the Constitution, said Mr..
Stanbery, is too plain to be misunder-
stood; the President is to be impeached
only on conviction of treason, bribery
or other high crimes or misdemeanors.
The two enumerated crimes are treason
and bribery; then follows that other,
high crimes and misdemeanorsI and
what sort of crimes and misdemeanors?
Why such as are assimilated to those
enumerated. Look all through the
correlative provisions of the Con-
stitution on the subject and examt-
nation of the proceedings of the con-
yention and see how studiously they
rejected all impeachment for m1sbe-
havior in office. How steadily they
adhered to the requisition that nothlng
but high crime or misdemeanor should
suffice. Was there ever more abor-
tive attempt to make case of impeach-
meut of the President under the con.
stitutton? There never was any real
life in it. Long since its show OF vitality
vanished, and now it lies berett OF lie
"a shapeless mass that gives no slgn'
Mr.. Stanbery. contended there was no
violation of law In the dd interim aP-
pOintment of General Thomas, ana AZ
Ter review OF the testimony conelu-
ded his remarks with an eloquent ap-
peaI to the Senate for the President
His closing words were as follows:
Buff Senator'S, as / cannot peileVe'
but as has been boldly said with al
most official sanction, your votes .tss
doom of the President is sealed,
then let not that judgment be pro.
nounced in this Senate chamber; NOT
here where our Camillus in the hour OF
our greatest peril, single handed met
and baffied the enemies of the repuplIci
not here where he stood ta1thful among
the faithless; not here where ne io9gnS
the good fight for the Union anu sne
Constitution; not in this chamber Wnose
walls re-echoed with that clarion Volce
that in the DAYS of our greatest danger
carried hope and comfort to many a
desponding heart, strong as an army
with banners!s No, not:here. Seek out
rather the darkest and gloomiest cnaln. L >
ber in the subterranean chamoets "
this capitol, where the cheerful light OF
day never enters; there erect the altar
and immediate the victim.
At quarter before one, Mr.. stan n
berry became fatigued, and Mr.. w: =.