The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1868-03-05

on the other hand, the mislemeanor
md usurpation charged against him
f,re true, he is guilty OF as atrocious,
an attempt to usurp the liberty, and
llestroy the happiness Of tins ma
ton as were ever perpetrated by
the most detcstable tyrant who ever
opposed his fellow-men. Let us,
therefore. discuss these questions
in no partisan spirit, but with legal
accuracy and impartial justice. The
people desire no victim. and they
will endure no usurpation. The
charges, SO far as. l shall discuss
thcm are few and distinct. Andrew
Johnson is charged with attempting
to usurp powers of other branches
of the Government, and with at
tempting to obstruct and resist the
execution Of the law; with mispris
ion of bribery, and in the open VIC
lation of laws which declare his
acts misdemeanors and subject him
to fine and Imprisonment; with re-
moving from Office the Secretary of
War during the session Of the Sen
ate, without the advice or consent
Of the Senate; and with the viola
ton of the sixth section Of the act
entitled an act regulating tenure OF
certain civil officers. There are
other offenses charged in the pa
pers. referred to the committee.
which may consider more by them
selves. In order to sustain i'm
pcachment under our constitution,
| do not hold that it is necessary to
prove a crime as an indictable Of
fence, or any act m2tanl in So.
/ agree with the distinguished
gentle nan from Pennsylvania, on
the other side of the House, who
holds this t. be q purely political
proceeding. 1t is intended for a
remedy for malfeasance in Office, and
to prevent the continuance thereof
Beyond that it is not intended as
a personal punishment for past Of
fenses and for future action. I'm
peachment under our Constitution
is different from impeachment under
the English law. The trainers of
our Constitution did not rely for
safety upon the avenging dagger of
n Brutus, but provided peaceful
remedies which should prevent that
necessity. England had two sys-
TENS of jurisprudence-one for the
trial and punishment of common Of
tenders, and one for the trial of men
in higher stations, whom it was
found difficult to convict before the
ordinary tribunals. This latter pro-
ceeding was by impeachment or bills
of attainder, generally practiced to
punish official malefactors but the
system soon degencrated into po-
litical and personal persecution,
and men were tried, condemned and
executed by this court from malig-
nant motives.
'!Such was the condition Of the
English laws when our Constitution
was framed, and the Convention de-
termined to provide against the
abuse of that high power, SO that
revenge and punishment should not
be inflicted upon political or person
al enemies. Hence the whole pun
ishment was made to consist in re-
moval from office, and bills of at
tainder were wholly prohibited:
We are to treat this question, then,
as wholly political, in which, if an
officer of the government abuses
his trust, or attempts to pervert it
to improper purposes, whatever be
his motive, he becomes subject to
impeachment and renewal from Of
flee. The offense being indictable
does not prevent impeachment, but
is not necessary to sustain it. See
Story's Commentaries on the Con-
stitution, Madison and others. Such
is the opinion Of our elementary
writers, nor can any case of i'm
parchment tried in this country be
found where any attempt was made
to prove the offence indictable and
criminal.
What, then, are the official mis-
demeanors Of Andrew Johnson, dis
closed by the evidence? On the I'd
day of March, 1867, Congress pass
ed an act entitled 'an act regulating
the tenure of certain civil Offices
Among other provisions, it enacted
that no officer who had been ap-
pointed by, or with the advice or
consent of the Senate should be re-
moved from office without the con-
sent of the Senate, and that if du-
ring vacation a suspension should
be Iade for cause, such cause should
be reported to the Senate within
twenty days after their next meet
ing. If the Senate should deem
the reason of the suspension suf-
ficient, then the officer should be
removed and another appointed in
his stead; but if the Senate should
refuse to concur with the President,
and declare the reasons Insufficient,
then the officer suspended should
forthwith resume the functions of
his office, and the powers of the
person performing it's duties should
cease. 1t is especially provided that
the Secretary Of War shall hold his
office during the term Of the Presi
dent by whom he may have been
appointed, and for one month
thereafter, unless removed by and
with the consent of the Senate, as
aforesaid 5o-
"On the 18th of August, 1867,
during the recess of the Senate, the
President removed the Secretary of
War, whose term of office had not
expired, requiring him to surrender
the office, with the public property,
and appointed General U. S. Grant
Secretary of War ad interiln.