Democratic enquirer. [volume] (M'arthur, Vinton County, Ohio) 1867-1873, 1868-03-05

|A@AN% u
,ut On executive thereof, and be is
,ound to execute that which the law
making power DEGREES 10 be the law OF
he land. Whatever may be his opinion
Il the Law individually, Is = member Of
he national family he is bound to
yield to that higher duty which the
imposes upon him as an
officer Of the statB. II his conscience
forbid, he may reeign the trust; bat he
has no right TO retain the power of q
public Office, and subordinate that TO
the Judgment Of q mere individual, q
Il the community or nation
which has clothed him with executive
powers for the enforcement Of itC laws
as public officer No saoh plea can
be properly entered in his behalf be-
cause he is not only sworn to execute
the law, but also possesses the right
Of resignation. II his conscience will
not permit him to execute q given law
he may resign his trust and leave to
his successor the performance Of a duty
in which his Judgment, as an indiyid-
ual, will not surrender to his obliga'
tion as public officer. A willingness
TO submit TO the penalty subscribed
for the violation Of the law, may to
some extent excuse disobedience on
the part OF private citizen and at the
same time avail nothing 10 the public
officer. The latter may at any time,
by resignation, become private citi-
zen, but the former cannot become o
public officer in this country except BY
the suffrage OF his fellow-citizens. II
he accepts the results Of their sutfrages,
he merges his individuality into that
of an official creature, which binds
itself by an oath as-an executive officer
TO do that which, as mere individual,
be may not believe just. right or con-
stitutional. Such an acceptance re-
moves him from the sphere of the right
of private Judgment to the place Of the
private officer, and binds him to OBJ
serve the law, his judgment to the
contrary Notwithstanding.
The Constitution invests the Presi-
dent with executive power in order
that he may take care that the laws be
faithfully executed. Every abuse Of
this power, whether il be an improper
use or exercise of it, or by neglect OF
refusal to exercise it, is breach OF
official duty; but it is not every branch
of official duty that can be charged as
a crime or misdemeanor against the
official delinquent. Whatever doubt
may have arisen in other cases of the
criminal character of the official con-
duct involved, the one we are now con-
sidering presents no basis upon which
to rest doubt. Deliberately, not to
say defantly, the President has violat-
cd penal statute of the o. g., and
committed q high misdemeanor, which
the law says is punished by fine
not exceeding $4,000, or by imprison-
ment not exceeding five years, or by
both OF said punishments, in the dis
cretion OF the court" act of March Q,
1867, section 6. all OF the circnm-
stances attendant upon this case show
that the Presidents action was delib-
crate and willful. There is not a shade
of excuse or palliation in the case as II
is presented to us. He perversely has
rushed upon his own destruction. =
Obstinately he has forced upon us an
issue in which we must join or prove
ourselves unworthy representatives of
a free people. We have not sought
this issue, but have resorted to every
legitimate means to avoid it. We have
manifested no undue desire to exercise
the impeaching power which is vested
in this House exclusively by the ex-
press terms OF the Constitution. Guid-
ed by a sincere desire TO pass this cup
from our lips, determined not to drink
it il escape we're not cut off
by the presence OF q palpable
duty, we at last find ourselves com,
PEELED to take its very drege. A decent
respect for the executive Office, q patri-
otic effort TO avoid collision between
the departments of the government,
ever manifested by this House, seem to
have been most strangely misunder-
stood by the President. Our refusal to
abuse power or to resort to it even
while acre doubt as to the right to
e9.s -cise it could be urged in opposition
thereto, seem to have been construed
by him into license to trample oneYen
the penal statutes Of the nation. The
result is before us; the President chal.
lenges the supremacy Of the law and
dishonors his constitutional OBLIGATION
TO take care that the laws be faithfully
executed; substantially he afilms that
bis oath of Office may be qualified
by the conclusions of his private
Judgment; he defantly casts be.
fore the representatives OF the
people his gage, and declares that
he will decide what laws are constitu-
tional, and that such only as stand the
test of his Judgment will he respect,
enforce or obey. This is his case. he
has been elected. To base it on penal
statute it is for us to traverse this case,
and put it to the country. Anything
less than this would be shameful
abuse Of high trust, and o criminal
Of duty. To my charge
shall neither of t1ese offenses be placed,
Mr.. Speaker, it has been urged in
this debate that the Presidents sole |
object is to secure judgment in the |
courts as TO the constitutionality Of the |
act regulating the tenure of certain |
civil offices. Such an intent viii not |
Justify the commission OF high crime !
or misdemesnor. Suppose the court |
should hold the act to be constitutional,
would the fact chat his intent was to |
have that question decided be q good |
plea TO an Indictment for viola
tion Of its provisions2 Who is |
80 insane as to assert so preposterous
a proposition ? Whoever acts in the
way and for other purposes does il at
his peril The risk belongs 10 the
President in this case, and not to the |
law. This plea in his deficiency was
not the result Of inadvertance or mis-
taken judgment, and that is the first
calculation, and with deliberate pur-
pose he committed high misdemeanor
in order to secure q Judgment of the
courts. Sir, We will CRAFTY his desire
n a. L