Vermont daily transcript. [volume] (St. Albans, Vt.) 1868-1870, 1868-05-14
SEN 0tOr EdmuHdS 0H IHpcdcH =
uyeNf.

AT the deliberation of the Senate on
Monday, Senator Edmunds read his
opinion from manuscript, of which we
find the following abstract in the New
York 7imcs.
After declaring that he was not i'm
fluencod 10y the partisan aspect of the
case, Senator Edmunds explained his
views regarding the judicial powerof the
Senate, and proceeded to argue at length
for conviction on the charges of Violat-
ing the Civil Tenure act. He argued
that the charges were sustained by the
proofs, and insisted that the only qucs-
ton then involved was whether the
acts committed were crimes and INSIDE
mcanors. After quoting the constitute
tisnal provision regarding the appoint
ing and confirming power, he proceeded
to explain that the only powers granted
to the President by the Constitution
were those of Communicating to
grant repricvcs and pardons; on the
other hands his duties were distinctly
defined. Among them being the re-
sponsihility of faithfully executing the.
laws. The limited powers which the
trainers of the Constitution thought fit
to grant to the person who has to take
the place OF Kings and EmpcrorS in
systems of government hostile TO libcr-
ty, could be easily named, and ought to
be zealously defended. n, duties re-
lating to the execution of the laws could
not be easily iorcsccn in detail, and from
them could scarcely arise any danger to
the Republic, for the President was not
to execute the laws himself, but to take
care that they be faithfully executed.
This could only be done by Just such
and only the methods and agencies pro-
Vided by the laws themselves. He could
not rightfully violate the laws in order
10 enforce them.
After clearly stating these principles
he proceeded to argue that the Presi-
dent could only use the power of APP
pointment in the manner prescribed by
the Legislative department he cannot
accomplish Il legal purpose by illegal
means, or break the laws himself to pre-
vent them being violated by others. To
sustain this position he quoted the lam
guagc of the Constitution that Congress
shall have power to make all laws which
SHAH 10 necessary and proper for carry
ing into execution the foregoing, lie. the
legislative powers and all other powers
vested by the Constitution in the Gov
eminent of the United States or any de-
partment thereof. In view of these
provisions he insisted that the power Ov-
err the tenure of civil offices was vested
in Congress, and that the trainers Of the
Constitution intended to leave the Sc
lection of otlicc-holdcrs to the President,
acting with the advice and consent OF
the Senate and leave to the whole Gov
eminent, that is to the lawmalling pow
er, full discretion as to the establish
mcnt of offices, and as to the time upon
/ which and the tenure by which they
should be held by the persons so select
ed.
Having thus argued the application of
| the Civil Tenure act to Secretary Stan
tons case, he proceeded to explain that
! it had been violated by the President in
his removal of that officer; he previous
| ly quoted number of Supreme Court
decisions sustaining his views regarding
the Legislative power, and then present
ed lengthy statement of other authori-
ties, including the members of the early
Congresses; he then discussed the'acts of
1892, 1895 and 1868, relating to al inter-
inn appointments, and argued that Secre-
tary Stanton was Secretary of War, not
withstanding the expiration of the term
ed, and consequently the Civil Tenure
act held in his case. He dismissed the
fourth article with the statement that it
was not proven, and announced the
same opinion regarding the conspiracy
articles. He also dismissed the ninth
in the same manner. Regarding the
tenth and eleventh articles, he expressed
the opinion that they did not come
within the constitutional meaning of
high crimes and misdemcanors.