The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1868-03-10

6OOt1ss1 Ue VUAy IO1AL AM tksO
Case--An Old War Cry Called TO
Mind.
The question Of beheading the nation
is still exciting the country, and engaging
the exclusive attention of the rump Con-
gfess. The articles Of impeachment,
which are the mask behind which the in
iquity is to be perpetrated, have been pa
raded before the people. Ten articles
have been hatched and more are incuba-
ting.
Their. pompous verbiage, bombastic
phraseology, and bloated fustian, almost
bewilders plain man; but a careful read
ing win show that they are "like . tale
told by an idiot: full of sound and fury
signifying nothing The tenth amounts
to absolutely nothing: The other nine
charge that the President violated the
Tenure of Office act; charge which is,
simply untrue.
The first section of this act provides
aThat every person holding any civil
Office to which he has been appointed by
and with the advice and consent Of the
Senate. and any person who shall hereaf-
ter be appointed to any such office, and
shall become duly qualified to act therein,
is ana shall be entitled to hold office un-
til a successor shall have been in like
manner appointed and duly qualified, ex-
cept as herein otherwise provided:
provided that the Secretaries of State,
of the Treasury, Of War, of the Navy,
and of the Interior, the Postmaster GEN
eral, and the Attorney General shall hold
their Offices respectively for and during
the term of the President by whom they
may have been appointed, and for one
month thereafter, subject to removal by
and with the advice and consent of the
Senate"
On this point the argument of the.
President in his message to the Senate is.
clear and conclusive. It is as follows: 3
aThus as to those enumerated officers,
the proyiso takes from the President the
powerof removal, except with the advice
and consent Of the Senate. By Its terms,
however, before he can be deprived of the,
power to displace them it must appear
that he himself has appointed them. 1t
is only in that case that they have any
tenure Of Office or any Independent right
to hold during the term Of the President,
and for one month after the cessation Of
his official functions. The proviso, there
fore, gives no tenure of Office to any one
of these officers. who has been appointed
by the President, beyond one month after
the accession of his successor. In the
case Of. Mr.. Stanton, the only appoint.
ment under which he held the Office of
Secretary of War was that conferred upon
him by my predecessor, with the advice
and consent Of the Senate. He has new
er held from me any appointment as the
head of the War Department; whatever
right he had to hold the Office was deriv-
ed from that original appointment and
my own suferance."
It would seem to a fair.minded man
that no vindlcatlon could be more trium-
phant; and yet there are others equally
conclusive. The President, as well as
hundreds of the ablest lawyers in the
United States, believe the Tenure,of- Of
fce law to be unconstitutional. Presi-
dent Johnson took, in the most solemn
form, the following oath:
II do solemnly swear that I will exc.
cute the Office Of President Of the Uni
ted States, and will, to the best of my
ability, preserve, protect and defend the
Constitution"
What was his duty under the obliga-
tions Of this oathP Plainly and unques
tionab!y it was to test the constitutional
ity of this act before the Courts. This
he has done in the only method possible,
and despite the glamour of words in which
the charges are tricked out, his offense is
that he has taken the necessary steps to
apply the touchstone Of the Constitution
to law which robs him of half his le-
gitimate powers. Thieves have stolen his
rights and he asks the Court to restore
them.
But why argue these points? The
true reasons which are urging this i'm
parchment are not even limited in the
masquerade of words which envelope the
charges.
The impeachers believe they can better
control the impending elections with Ben
Wade at the head of the nation.
Whether the Presidentbe guilty or not
guilty Of "high crimes and misdemean-
ors" has not the slightest influence on his
acquittal or conviction. If they believe
they can gain one electoral vote by drag
ging down the President, down be will
surely come; if they believe they can save
one electoral vote by acquitting him, he
might burn the Capitol over their heads
with perfect impunity. !
For years all the hopes and fears, the,
schemes by day and the dreams by night
Of the rump Congress have been bounded
by their desire to plunder the people to
the utmost and still fight off the day of
reckoning. But the deluga will come
Wilkes Booth removed one President,
and the rnmn Cnnoress nav rnnan,,a I;s