The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-03-04

report, DuC lie nau not Uecn 3ccOfucu Time.
He called attention to the fact that the
Reconstruction Committee had held its
session to day, in violation of the I'D rule
of the House, which prohibited commit
tees from sitting during the sessions OF
the House, unless by consent ofthe House.
He thought this ghost of impeachment
had been throttlcd, but now the House
had taken up the subject again, and had
reported this resolution. He looked upon
it as an act in revolutionary drama SINH
lar to that of the Cromwcllian times or OF
the days of the French revolution.
1t has been heretofore asserted, not
upon the floor of the House, but else
where, that the President must be re-
moved because he was an obstruction to
the dominant party. If he could be i'm
peached for that cause then each man of
the opposition party could be impeached
because he was an obstructorto to the party.
He did not make any threats to the
House. but ho would say that if the
President was impeachcd and removed
without authority of law, the people of
this country wonld never endure it. Sen
sation on the foor.] Act within the
bounds Of the Constitution, and there
would be no objection, but act without
tho bounds of the Constitution, and the
country would be rrecipitated into vio-
lcnce and revolution. The gentleman had
given no reason for this extraordinary
action; but the foundation for it was
under the Tenure of Office Act. That is
the question at issue here. 1t is Il qucs-
ton of law as to who has the right to act
us Secretary of War of the United States.
The question hitherto, Of who should hold
Office was one Of law. This is a purely
legal question, and, in order TO settle it,
the House propose to snatch the case
from the courts, and act upon it in this
House. The President is as much Judge
OF the constitutionality Of an act rs is the
Congress. He is as much a part of the
Government, and when hc takes an oath
OF office to support the Constitution he
does it with his own view of the subject
and not in the light given him hy other
people. If the President allows the Exc
cutivc Department to be ovcrthrown he
would be guilty ofa violation Of the Con-
stitu,ion aud it is his right and that Of
every citizen, to Judge of the constitu
tionality of an Act of Congress The
right assumed by the majority is to de-
pose the President by Il mere Act OF Con-
grcss, and to snatch the case from the
Supreme Court of the United States and
adiudicate it here. If you lave this ght
you have a right to dislranclisc the whole
penplc and 10 eject every Democrat from
this floor. These principles arc not main
tainablc at law, or if they arc, we have
ceased to be governed by a written Con-
stitulion. 1t is the mere arbitrary rule
of Il temporary House of Representatives
or temporary Senate. The worst OF all
tyrannicS is an oligarchy-an unlimited,
majority OF Legislature.
Now here party representing. rot the
people Of the North, representing the past
and not the present. attempts to ohltcr-
ate the Constitution of the country. BY
mere party majority, in order to obtain
posr ession of the Government of the
United States, You propose to depose the
Prcsidcn, Of the United States and set up
one of your own. For the first time it is
written in the history of this country that
party to retain its ascendancy proposes
to ovcrturn the executive and judicial
branches of the Government of the United
States. Go on, if you choose. If wanted
your overthrow, | would tell y0n now to
20 ON in the course you have marked out.
and overthrow the President, who is now
powcrlcss by your legislation. This is all
done that you may control all depart
ments of the Government, SO as to get in
some African States in tho South. TO per-
pctuate Republican power Mr.. Brooks
then referred to acts of Congress 10 show
the llcgaity of the proceeding. lie also
quoted from law to show the Presidents
power to remove Cabinet minister under
certain contingencies, as sickness, death,
absence, &c
Mr.. Stevens (Pa. asked under which Of
these contingencies Mr.. Stanton Was re-
moved and Mr.. Thomas appointed.
Mr.. Brooks replied that he was coming
to that, and he proceeded to read further
from Acts of Congress recognizing in the
President the power of removal, and al
lowing him to appoint any one TO the De-
partmcnts by all these Acts OF Congress
and by precedent.
Mr.. Brooks argued the President had
authority to remove Mr.. Stanton and ap-
point General Thomas lie challenged
gentlemen to show anything in the Act
of 1867 that repealed the Acts referred
to. Even acknowledging the Tenure OF
Office Act to be law, there was nothing
there dcpriving the President of the power
Of appointment. The Tenure OF Office
Act was not applicable to the course the
President had pursued in appointing a
Secretary of War ad interim. During the
war it was insisted thatit would be wrong
TO deprive the President of the power OF
appointing his Cabinet officers, and the
rule should now be relaxed or made diff
tcrcnt. He quoted from the speeches OF
Senators and Representatives when the