The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1868-03-05
70. so. LANCASTER, OHIO MARCH 5, 1868.

DEGREES TO be the law of the land.
Whatever may be bis opinion as a
mere individual member OF the a.
tional family, be is bound 10 yield
TO that higher duty which the Con-
stitution imposes upon hin as an
officer of tho State If his con.
science forbids, he may resign the
trust, but he has no right to 70.
tain the power Of q public Office
and subordinate that to the judg.
meht Of n mere individual member
of the community or nation which
has clothed him with the executive
power for the enforcement of its
laws. AS public officer, no such
plea can be properly entered in bis
behalf, because he is not only sworn
to eXecum the law, but also pos.
sesses the right of resignation. IF
his conscience will not permit him
to execate given law, he may re.
sign his trust, and leave to his sue.
cessor the perIormanceof a duty in
which his judgment as an individ-
ual will not surrender TO his obi.
cations as a public officer. A VII.
lingness to submit 10 the penalty
prescribed for a violation Of the
law, may to some extent excuse
disobedience on the part of n pri
vate citizen, and at the same time
avail nothing TO the public officer.
The latter may AZ any time, by
resignation, become a private citi-
zen; but the former cannot become
public officer in this country cx-
cept BY the sutirages of his fellow.
citizens. If he accepts the results
Of their suff-ages he merges his in.
dividuality into that ufthc official
creature which binds itself by oath,
as an executive officer, TO do thai
which, as a mere individual, be
may not believe to be just, right
or constitutional. Such an accep.
lance removes him from the sphere
OF the right OF private judgment to
the place OF the public officer, and
binds him to obey the law, his
judgment to the contrary notwith. d.
standing.
The Constitution invests the
President with executive power in
order that he may take care that
tho laws be faithfully executed.
Every abuse OF this power, wbcth-
or it be an improper use of it or
by neglect, or refusal 10 exercise,
is u breach of official duty that can
be charged as crime or misde-
meanor against the delinquent off.
Ger. Whatever doubt may have
arisen in other cases of the crimi.
nal character or the official con-
duct involved, this one we are nov
considering presents no basis on
which so rest doubt. Deliberate.
ly the President has violated Il
penal statute of tho United States,
and thereby committed Il high mis-.
demeanor, which the law says
shall be punished by fine not ex.
cceding ten thousand dollars, or
by Imprisonment net exceeding
five years, or by both said punish
ments in lhe discretion Of the court
| (Act Of March 81, 1869 The
circumstances attendant upon this
case show that the Presidents ac.
lion was deliberate and willful.
There is not q shade of excuse or
palliatlon in the case as it is pre-.
sented to US. Pervcrsely he has
rushed upon his own destruction
obstinately he has forced upon us
an issue which we must join or
prove ourselves unworthy repre-
scntatives of u free people. We
have not sought this issue, but
have rcsorted 10 every Legitimate
means to avoid it. We have man
ilested no undue desire to exercise
the impeaching power which is
vested in this House exclusively
By the express terms OF the Con.
stitution. Guided by a sincere dc
s're to pass this cup from our lip,
determined not to drink it if es-
cape were not cut off by tho pres
cnce ofa palpable duty--we al
last find ourselves compelled t
take its very dregs. A decent res
pect for the Executive office, ;
patriotic effort to avoid collision
between the two departments O
tho Government over manifested
by this House, seem TO have beer
most strangely misunderstood BY
the President. Our refusal to II
buse the power or to resort to i
even while mere doubt as to tht
right to exercise it could be urgcC
| in opposition thereto, seems to
+. have been construed by him int
t a license to tramplo on even tb
penal statutes OF the nation. Tht
! result is before US. The Presiden
| challenges the supremacy of th
law and dishonors his constitution
al obligations to take care that tn,
f laws be faithfully executed. Sub
stantially he aliirms that the oat
. Of Office may bc qualified by til
conclusions ofhis private judgmeut
s Hc defantIy casts before the rep
e resentativcs OF the people his gag
!. and declares that he will decid
e what laws are constitutional, an
8 that such only as stand tho tost {
8 his Judgment will he respect, cu
+ force or obey. sal.
This is his case and he has cleo
? ted to base it on a penal statut,
1t is for US to traverse this cas-
/. and put it to tho country. Any
- thing less than this would be
A.