The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-03-05

President has violated a penal statute
of the United States, and has thereby
committed high misdemeanor which
the law says "shall be punished by a
fine not exceeding ten thousand dol
lars, or by Imprisonment not exceed
lug five years. or both said punish
ments, in the discretion of the court"
(Act of March 2, 1S47, section six.)
All Of the circumstances attcndent
upon this case show. that the Presi-
dents action was deliberate and will
full. There is not shade of excuse
or palliation in the case as it is pre-
scented to us. Perversely he 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 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 exer-
else the impeaching power which is
vested in this House exclusively by
the express terms ofthe Constitution.
Guided by sincere desire to pass
this cup from our lips, determined not
to drink it if escape were not cut off
by the presence of a palpable duty,
we ut last find ourselves compelled to
take its very dregs. A decent re-
spect tor the executive Office, a patri-
otto effort to avoid q collision between
two departments of the Government,
ever manifested by this House, seem
to have been most strangely misun-
derstood by the President. Our re-
fusal to abuse power or to resort to
it even while a more doubt as to our
right to exercise it could be urged in
opposition thereto seems to have been
construed by him into license to
trample on even the penal statutes Of
the nation. The result is before us.
The President challenges the suprem-
acy of the law and dishonors his con-
stitutional obligation to "take care
that the laws be faithfully executed"
Substantially he afiirms that his oath
Of Office may be qualified by the con-
illusions of his private judgment. He
defiantly casts before the representa-
tives ofthe people his gage and de-
clares that he will decide what laws
are constitutional, and that such only
as stand the test Of his judgment will
he respect, enforce, or obey. This is
his case. He has elected to base it
on penal statute. 1t is for us to
traverse this case and put it to the
country. Anything less than this
would bea shameful abuse Of our high
trust and criminal abandonment of
duty. To my charge shallneither of
these offenses be placed.
Mr.. Speaker, it has been urged IN
this debate that the Presidents sole
object is to secure ajudgment OF the
courts as to the constitutionality of
the act regulating the tenure of GER
tain civil offices. Such an intent will
not justify the commission of high
crime or misdemeanor. Suppose the
courts should hold the act to be con.
stitutional, would the fact that his in
tent was to have that question deci-
ded be good plea to an Indictment
for violation Of its provisions? Who
is SO insane as to assert SO preposter-
Gus proposition? Whoever acts in
the way and for the purpose sugges.
ted does it at his peril. The work
belongs to the President in this case,
not to the law. This plea in his de.
tense demonstrates that his action
was not the result of inadvertenso or
of mistaken judgment, and that it is
the fruit of cool calculation end dc.
liberaIe purpose He committed
high misdemeanor in order to secure
a Judgment of the court. Sir, we will
crafty his desire by carrying his case
to the highest court known to the
Constitution of the Republic the high
court of impeachment. To that au-
gust tribunal we will present this case,
and with it the law and the criminal
He shall have his day in court, and
be taught, for his own good and that
ofhis successors in Office, that the
President Of the United States, cloth
ed with all the great powers of his
high official station, is as completely
subordinate to the law Of the Repub-
| lie as is the humblest Of its citizens.
| The public welfare, the repose OF
the nation, the interests Of our ;nsti.
tutions, the safety Of the Republic it.
| SELF require that oil persons official
or otherwise, shall bs solemnly taught
that the law of this land Is no re-
specter Of persons; and that the high
and low, the rich and poor, the pub
lie officer and the private citizen, are
each alike amenable to Its imperial
demands, subject to its high com.
mands, and subordinate to its supreme
\ authority. The majesty of the law
must be asserted, though it strike
from his exalted position the Chief
Magistrate of the nation. We may
deplore the necessity, but we must
obey the voice of the law. l speak
not as a partisan, but as the custodi-
an of a trust the sacred character OF
which awes me into q strict obser-
vance ofmy duty. | will vote for the
pending resolution to the end that
| the law may DO vindicated by the re-
moval Of an unworthy public servant
from an official position which he has
dishonorsd by his perverse disregard
Of duty and his unjustifable con,
tempt for the supremacy Of the law.
Civil Tenure Bill.
The following two sections from the
act of Congress Of March l, 1867,
are the ones that Andrew Johnson
violated in his effort to GUST Stanton
and install Thomas as Secretary ad
interim, during the time that the SEN
ate was in session
/ SEC. 5. That if any person shall,
contrary to the provisions of this act,
accept any employment to or in any
Office, or shall hold or exercise, or at
tempt to hold or exercise any such
office or employment, he shall be
deemed, and is hereby declared to be,
guilty Of a high misdemeanor, and up
| on trial and convicfion theraof IL