Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-05-04
IMPEACHMENT.
WASHINGTON, May 2, 1868.

terday, and saying he had been greatly
Denehtted by the consequent rest. After
expressing in advance his confidence in a
speedy acquittal on thorough examina-
ton of the case, which showed that not a
shadow of case had been made out, he
proceeded with his argument ri
fMr. SIANBER1 Z then argued that If it be
held that Mr.. Stanton did come within the
purview of the tenure of-office act, no re.
moval is charged in the article and made
out in the proof. The issuance of an or
der for removal is the gravamen of the
cbarges-the tenor of every article is that
Mr.. Stanton never has been removed in
law or fact, and that there has been, at no
time, vacancy. The proof shows that
Stanton remains Ia possession, and that his
Ihe act contains no provision forbid
ding an attempt to cause a removal, or
making 1t penal to issue an order for that
purpose; but If the Senators should be of
the opinion that the tenure-of-office act
protected Stanton, and that the attempt to
remove him was equivalent TO removal,
he argued: First, that the President had
the right to constTue the law for himself;
and. If in the exercise of that right he
committed an error of construction, and
acted under that error, he is not to be held
responsible. Second, that If he had so con-
strued the law as to be OF the opinion that
MIR. Stanton was intended to be protected
erred in an opinion that the law in that
respect was contrary to the Constitution,
he is not to be held responsible if he there
in committed an error. -u- III = -.3iL4
Mr.. Stanbery argued these points at
length, reading from Jefferson, Jackson
and Van Buren, to sustain his views. He
next argued that the Tenure of office Act
was never held by the Supreme Court to
be constitutional; but even if it had been,
what ground would there be for holding
the President guilty of a high crime aud
m1sdemeanor in forming an opinion sane
toned by three of his predecessors? He
cited from the Federalist that no legislat-
i've act, contrary to the Constitution, can
be valid, and from Chancellor Kent. Chief
Justice Marshall. and others, In support of
his position that the President is vested
with discretion. ~
Mr.. Stanbery then proceeded to consider
the conspiracy articles, arguing that not a
word OF proof had been adduced in their
support. The Emory article has no subs
tance or foundation. The tenth article is he
said, in violation of the right of free speech.
valued by our people as jewel beyond
price, and expressly protected by the first
article of the Contribution. aa7t q
The eleventh article, he says, is a mere
indefinite allegation, unsustained by proofs,
and was already subsequently, answered.
Mr.. Stanbery then denied that any injury
Ger OF the Government, or that anv public
interest has suffered by the action OF the
President.
He continued. maintaining that the order
for the removal of Stanton was issued by
the President in the exercise of an undoubt-
ed power, sanctioned by the Constitution,
and indorsed by every incumbent of the
Presidential office. Then, how can you
punish him for following, in good faith,
that oath he has been compelled to take to
preserve, protect and defend the Constitu-
tion of the United States.
Nothing is palmer than the duty of the
Executive to resist the encroachments of
the Legislative department. Whenever
President is deliberately of the opinion
that an act of Congress calls upon him to
exercise the power not given to him by the
Constitution, he violates that Constitution
if he follows it. Again, whenever he is
called upon to execute the law which de-
prives him OF Constitutional power, he vio-
lates the Constitution as well as by execu-
ting the great trust committed to his
hands, sanctioned by solemn oath, and
he can not evade the one or violate the 9TH
er.
Mr.. Stanbery next adverted to the fact
that for the first time in the history of the
country law was passed on the I'd of
March, 1867, purporting to change the or
der of Executive action. Observe, how
|
clauses of the second section of the Military
Appropriation Act, nor in the sixth section
of the Tenure of Office Act is the Presi-
dent of the United States so much as men,
toned. Whoever drew these acts shrank
from referring to the office by name. 1t Is
under the general description of personal
or civil officer that he is made liable to fine
and Imprisonment for failing to carry out
the new provisions of law, but there is no
question that it is the Presidents, and the
Presidents alone, that is meant. The law
was made for him; the punishment was for
him; he is left no choice, no chance of ap-
peal to the courts. The language in effect
is: do this, or the penitentiary-do our
bidding or take the consequences of im-
peachment." In the history of legislation
nothing like this is any where to be found.
The language of the Constitution, said
Mr. Stanbery. is too plain to be misundPr-
stood. The President is to be impeached
only on conviction of treason, bribery. or
other high crimes or misdemeanors. Be
sides the two great crimes of treason and
bribery, follows that other phrase, Other
high crimes and misiemeanors." And
| what sort of crimes and misdemeanors
Why, such as are assimilated to those emu :
merated. Look through all the correlative
provisions of the Constitution on the SUBJ
ject, and examine the proceedings OF the
convention, and see how studiously they
in Office, and how steadily they adhere to
the requisition that nothing buthig crime
or misdemeanor should suffice. Was there
ever more abortive attempt to make a
case OF impeachment of the President un-
der the Constitution? There never was
any real life in 1t. Long since its show of
vitality vanished, and now it lies bereft OF
life, hopeless mass that gives no sign OF
life.
Mr.. Stanbery contended there was no vi.
olation of law in the dd interim appointment
of General Thomas. and after review of
the testimony concluded his remarks with
an eloquent appeal to the Senate for the
President. His closing words were as fol-
lows:
But If, Senators, as can not believe, but
as has been boldly said with almost official
sanction, your votes have been canvassed
and the doom of the President is sealed
then let that judgment not be pronounced
in this Senate chamber; not here where
our Camillus, in the hour of our greatest
peril. single-handed, met and baffied the
enemies of the Republic; not here where
he stood faithful among the fsithless; not
here, where he fought the good fight for
the Union and Constitution; not in this
chamber, whose walls re-echoed with that
clarion voice, that in the days of our great
many desponding heart, strong as an
!, army with banners. No, not here. Seek
out the darkest and gloomiest cavern in
the subterranean chambers OF this Capitol
where the cheerful light of day never en-.
ters. There erect the altar, and immediate
the victim. .I-.
At a quarter before one Mr.. STANBERY
became fatigued, and Mr.. w. F. Pedrick
who has assisted him during the trial, con
tinued the reading of the argument. Mr.
, Stanbery, himself delivered his peroration
concluding at 3l0 o'clock A. NJ, when tht
Court adjourned, and the Senate took vi
House amendments to the Naval Appropri
alton bill, which were not concurred in
and appointed committee of Conference
Adjourned.
: HOUSE OF REPRESENTATIVES,