The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-05-25

a;fsarant nersons. Had he been then reap.
no;nted by Mr.. Lincoln, and confirmed. and
: law similar to that of March 2, 1867. been
then in existence, is it not equally clear that
he would have again gone outof office in
one month after the expiration of Mr.. Lin
coins second term7 If so, the only ques-
ton would have been whether Mr.. Lincoln's
term expired with him, or continued, not
withstanding his death, until the 4th day OF
March, 1869, although he could no longer
hold and execute the office, and although
his successor, elected and qualified accord
ing to all the forms of the constitution, was,
in fact and in law, President of the United
States? How could all that be, and yet that
successor be. held to have no term at al
To nv apprehension, such a construction of
the law is more and worse than untenable.
y seThe word "term," as used in the proviso,
when considered in connection with the OBJ
yious design to allow to each person hold
ing the presidential Office the choice of his
own confidential advisers, must, think, re.
fer to the period of actual service. Amy
other construction might lead 10 strange
conclusions. For instance, suppose Pres.
ident and Vice President should both die
within the FIRST year of the term for which
they were elected. As the Law now stands,
a new election must be held within thirty
four days preceding the frst Wednesday of
December then next ensuing. new term
of four years would commence with the in
.anguration of the new President before the
term for which the preceding President had
been elected had expired. Do the heads of
departments appointed by that proceeding
President hold their Offices for three years
of the term of the new President, and until
one month after the expiration Of the term
for which such preceding President was
elected? Such would be the consequence
of giving TO the word "term" any other
meaning than the term of actual service
1t must be evident therefore, that the word
''term" of the President, as used in the pro-
viso, is insepsyable from the individual, and
dies with him." ~
Our space viii not permit more extended
quotations at this time-though we must
give Mr.. Fessenden's closing remarks. If
the crazy fanatics who have been telegraph
ing, and writing and petitioning senators,
and attempting, by this sort of pressure, and
by the clamor raised in public meetings, to
bully the court and jury, can read the closing
remarks of Mr.. Fessenden without the blush
of shame mantling their cheeks, they must
indeed be lost to shame. He closed as
follows .... .n
1T has been further intimated by the
Managers, that public opinion calls with a
loud voice for the conviction and removal of
the President One manager has even gone
so far as to threaten with infamy every Sen
ater who voted for the resolution passed by
the Senate touching the removal Of Mr..
Stanton. and who shall now vote for the
AL 49,
ment upon the propriety of this remark, it is
sufficient TO say with regard to myself that
| not only did not vote for that resolution,
but opposed its adoption. Had so voted,
however, it would afford no Justification for
convicting the President, if did not, on ex-
animation and reflection, believe him guilty.
A desire 20 be consistent would not excuse
violation of my oath to do impartial JUS
tice." A vote given in haste and with lit
tie opportunity for consideration would be a
lame apology for doing injustice TO another,
after fun examination and reflection.
To the suggestion that popular opinion
demands the conviction of the President on
these charges, reply that he is not now on
trial before the people, but before the Sen.
ate. In the words of Lord Eldon, upon the
| trial of the Queen, az take no notice of
what is passing out of doors, because / am
supposed consitutionally not to be acquain-
ted with it." And again, "It is the duty of
those On whom judicial task is imposed
TO meet reproach and not court popularity"
The people have not heard the evidence as
we have heard it. The responsibility is not
on them. but upon us. They have not taken
an oath to do impartial justice according
| to the constitution and the laws" / have
taken that oath. | cannot render judgment
upon their convictions, nor can they trans
| fer to themselves my punishment if violate
| my own. And should consider myself nm
deserving the confidence of that Just and
intelligent people, who imposed on me this
great responsibility, and unworthy a place
among honorable men, if for any fear Of
public reprobation, and for the sake of Sc
curing popular favor, should disregard the
convictions of my Judgment and my con-
science.
The consequences which may follow either
| from conviction or acquittal, are not for me,
| with my convictions, TO consider. The fu.
| ture is in the hands of Him who made and
governs the universe, and the fear that He
| will not govern it wisely and we'll would not
excuse me for a violation of His law"