Nebraska advertiser., 1868-07-16

Affecting the original articles. If, how
ever, the first three are not sustained,
these will not be likely to receive
more than passing notice.
| The ninth article charges the presi-
dent with having instructed General
Emory that that part of a law of the
UniteStates, which provides that "alI
instructions relative to military
operations by the President or Secre-
taFy of War shall be isued through the
General of the Army, and, in case of
Instability, through the next in rank
was unconstitutional and in cOntrav-
ton of the commission of said Emory,
in order toinduee him to violate the
laws and military orders.
Itappears that while General Emory
was acting undera commission requir-
/ ing him t0@ObserVe and follow such
orders and directions as he should re-
ceiye from the Presidentand other off
ieeTs set over him by law, an order
reached him embOdying section Oflaw,
which law had been previously ap-
proved by she President himself, but,
as it provided that orders from the
President and Secretary of War should
be issued through the General of the
Army, or next in rank, and the Presi-
dent being engaged tOremOve the Sec
retary of War and thwart the action of
| the Senate, in a discussion with Gen
eral Emory, as to his duty as an officer,
said, "This (meaning the ORDER isnot
in conformity with the Constitution
of the United States, which makes
me Commander-in-Chief, or with the
terms of your commission" While
| General Emory was inclined to obey
the order the President could not COM
mand him but through GeneralGrant's
headquarters, and thus would have to
make public his military orders; but,
| if General Emory could be made to
believe the order was in conflict with
his commission and the Constitution,
and could be induced to disregard it,
then the President could secretly issue
orders to him and accomplish his de-
signs. He could only have desired to
cause General Emory to see his duty
in such light as to disregard this legal
order, and, if Emory had yielded to
his construction of law and COnstitut-
ion, he could have sheltered himself
under his commission and trampled
the law under foot.
This effort to tamper with an officer
who was obeying the law Ofhis Govern
ment is characterized very mildly by
the charge of reprehensible. 1t should
be made crime of serious magnitude
for President to command a military
officer to violate a lawwhich was pro-
mulgated in orders, in accordance
with all the forms of national legislat-
ion. In this case the experiment upon
the officers fidelity andfirmness seems
to have gone no further than to discOv-
eF that General Emory could not be
tampered with, and then the effort
was dropped on the very verge of GRIM
inality.
The tenth article charges the Prcsi-
dent with having, at Washington
City, Cleveland, Ohio, and st. Louis,
Mo-, INDUCED in language tending to
bring into disgrace and ridicule, con-
tempt and reprOach, the Congress of
the United States, which utterances
were "highly censurable in any, and
peculiarly indecent and unbecOming
in Chief Magistrate
Under ordinary circumstances I
would allow the utmost latitude of
speech, and never attempt to apply a
corrective only where the crime be-
CdlilC ullACN w VII bllC VI DAlC DCCAl-
lar surroundings. If the President had
gone upon the stump with infiamma-
tOry language in order to- assist in
leading or driving States out of the
Union, then I would hold him re-
spOnsible for the charter Ofhis act. And
when the very life Of the nation is inn
periled by the absence Of ten States,
and all legal efforts aremaking to in
duce their early return, if l fine him
denying the legal and constitutional
authority of Congress, and charging
disuniOn, usuTpatiOn, and despOtism
upon the representatives of the loyal
people, thus strengthening the evil
passions of malcOntentS and rebels, on
account of the tendency of his teach
ings, [ shOuld1nOt hesitate to declare
his conduct high misdemeanOr.
For the reason just specified would
find him guilty of a misdemeanOr on
the evidence sustaining the first allie
CATION of the eleventh article, which
charges him with denying the author
itv of Congress to OprOpOse amendments
tothe Constitution. / would also hold
him responsible for devising means by
which to prevent Edwin NJ. Stanton
from resuming the functions of Secre-
tary of War on the Senate having
voted his restoration from the Presi-
dents suspension. And of his guilt
relative to impeding the proper adj
ministration of the reconstruction laws
of Congress, by dfscOuraging and en-
barrassing officers of the law, and
using such defiant language as had all
the force of commands upon rebels, l
have not the shadow of doubt.
The only matter of astOnishment is
that an Executive so UnscrupulOus and
so defiant of coordinate power has
been allowed so long to defy the peo-
pe's representatives and defeat the
solemnly-expressed enactments of
their will.
Believing that the stability of gov
ernment depends upon the faithful
enforcement of law, and the laws of a
republic being a transcript of the peO-
pies will, and always repealable by
their instruction or change of public
servants, I would demand their enfOr-
cement by the President, in dependent
of any opinion of his relative to
necessity, propriety, or constitution
alitV