The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1868-03-07

ing OF political institutions becomes established
and free from pcrilous collisions.
| In our judgment the impeachment Of the Pres
ident is wholly out Of place 40 long as the con.
stitutionality of this law is in controversy. II
| the law is unconstitutional and therefore null
and void, then the President has committed no
offences nd done nothing to deserve impeachment.
If the law is valid, then he has been guilty of
| "high misdemeanor," under the definition of the
law itself, and may be arraigned, tried and pun.
lshed therefor. And neither the House nor the
Senate is the proper tribunal for deciding this
question. 1t certainly would be very extraor-
binary spectacle to see Congress pass law Great
ing an offence and prescribing penalty, and
then acting at once as prosecutor judge, jury and
executioner upon the President for violation of
its provisions. Such a proceeding confounds all
our ideas of the distribution of power among
different departments of the Government. We
do not believe the Senate will take such action
in the present case. That body will probably
await the action Of the Supreme Court in the
case growing out of Mr.. Stanton's proceedings
against Gen. Thomas. If the law is sustained
by the Court, impeachment may go ON. If not,
it will probably be dropped, for we do not
think the Senate is prepared to set aside that
Court or to disregard its decisions altogether
AS clinchcr to the legal view of the Gucs-
ton taken in the above extracts, it may not be
out OF place to give the following extract
from the Presidents message to the Senate.
giving the reasons for his action 1t Is but nat
ural, though very unjust, that very few, ifany.
republican papers have published that mes
sage:
Although have been advised by every mem
Der of my Cabinet that the entire Tenure-of-
Once act is unconstitutional and therefore void,
ana although have expressly concurred in that
opinion III the veto message which had the
honor to submit TO Congress when | returned
the bill for reconsideration / have refrained
from making n removal of any officer contrary
to the provisions of the law, and have only ex.
ercised that power in the case of Mr. Stanton
which, III my judgment. did not come within its
provisions l have endeavorod TO proceed with
the greatest circumspection and have acted only
In an extreme and exceptional case. ] have
sought carefully to follow the course which
have marked out for myself Us general rule,
faithfully to execute all laws, though passed
over my objections on the score of constitution
allty. In the present instance, have appealed
or sought 10 appeal, 10 that final arbiter txcd bv
the Constitution Tor the determination Of all such
questions. To this course l have been iInreled
by the solemn obligations which rest upon me-
w sustain iH''"'atc tc powers OF the hlgh once
committed to my hands. Whatever may be the
consequences merely personal to myself could
not allow them 10 prevail against public duty
so clear ia my own mind and so imperative Ii
what was possible had been certain if | had been
fully advised when | removed Mr. Stanton that
in thus defending the trust committed to nv
hands, my own removal was sure to follow, l
could not have hesitated. Actuated BY public
considerations, of the highest character
earnestly protest against the resolution of the
Senate which charges Inc in what have done
with violation OF the Constitution and laws Of
the United States. ANDREW JOHNSON