The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1868-05-14


this power; it is conceded that the
President may exercise it according
to his sound discretion; and II must be
conceded IL he exercise 1t corruptly
he Is guilty ofa crime.
But suppose Congress we're weak
enough or wicked enough to pass an
act declaring that the President
should not exercise the pardouing
power; Is II not clear that the Consti
tuition has clothed the Congress with
power to exclude the consideration Of
any such question from the courtsl
II must be known to the Senate
that no question arising iu such a
case is of the original jurisdiction of
the Supreme Court, aud therefore
could not by force Of the Constitution
alone and without legislation, be con.
sidercd in that court at all. 1t is
equally clear by the express words Of
the Constitution, aud by the uniform
judicial construction thereof, that the
original and appellate jurisdiction Of
the inferior courts Of tho United
States depend exclusively upon Con-
gressioual legislation, subject to the
limitations in the Constitution before
recited. Now, If the Congress see fit
thus to legislate, does not every man
Of intelligence know that the same
body which takes away from the Pre-.
sident the pardoning power, by the
law may exclude the consideration Of
any question arising under it in any
Of the courts Of the United Statcs2
Where, then, is the remedy for
such abuse Of power on the part Of
the legislature Is it with the Pre-
sident or with the people2 BE it
known that on questions Of this kind
the people are the guardians Of their
own honor; the defenders Of their
own rights; the redrossors Of Their
own wrong; aud that, too, by the
omnipotent power Of the ballot; aud
inasmuch as they have not, either by
express provision or by any possibl,
implication conferred upon any single
person the power thus to call ia quos
tion the legislation of their owr
servants, il is reasonable to conoldd,
that they will tolerate no such inter
ference by the President, even under
the pTetenso Of constituting himself
their volunteer defender and most po
tent avcuger Of the wrongs inflicted
upon them by their own Legislature
that Legislature being itself depend
ent exclusively upon the people for
power, aud answerable to no one else
Your inquiry. therefore, will be
directed first to the question, has the
President, under the Constitution
and laws, the power to remove heads
Of Departments and fill vacaucies
therein so created by him during The
session Of the Senate, aud without
its advice and consent or the express
authority given by s'atute2 If he
has not got this power he is confessed
guilty as charged in the first, second
and third articles Of impeachment
For the facts charged arc established
by his own confession aud the tcsti-
mony in the case. If these acts Of hi.
so established by proof aud by hi,
confession be violations of the Con.
stitution and Of the acts of Congress
the President must be held guilty o
tho intent laid, for the reason that il
is rule of the common law, accepted
by the judgment of all men, thai
every person must be held to Intend
the necessary consequences Of his owr
unlawful acts. Where the act i,
unlawful no proof Of fintentis required
1t is for the accused in such case tC
justify his act by independent testi
mony. Justice aud law alike allow
inquiry whether the President charged
with an unlawful act, did commit thu
act; but justice and law, and reason
which are the life Of the law, forbit
inquiry when an unlawful act ha
beer committed purposely and dc
liberately, whether the perpotratoi
intended the necessary resuls of hi
own conduct; to.wit: the violation o
the law. The law presumes the guilt,
intent in such cases.
First, then, is the Constitution
violated by this act Of removal anC
appointment The Constitution, ar
ticle two, section two, paragraph two
provides that the President
"Shall nominate, and by and with
the advice aud consent of the Senate
shall appoint, ambassadors, other
public ministers and consuts, judges
of the Supreme Court, and all other
officers Of the United States whose
appointments are Eot herein other
wise provided for, and which shall
be established by law; but the Con-
gress may by low vest the appoint
mont of such Inferior officers as they
think proper in the President, alone
10 the courts Of law, or in the head
Of Departments"
Can any one doubt that the Con-
stitutiou by this provision clearly and
beyond question restricted the power
Of the President to appoint the heads
of Departments by requiring in all
such cases the advice and consent oI
the Senate? This must be SO, unless
the appointment Of heads Of Depart
ments is "otherwise provided for" iu
the Constitution. Is it otherwise
provided for? Ifso, by what provis.
ion? viii it be said that the heads
of Department are inferior ofioersi
If so, then where is the law required
by the Constitution which vests their
appointment in the President a,one7
Mr.. Bingham then quoted al
length from Hamilton aud Webster
in support of this argument lie
proceeded to consider aud discuss the
law Of 1883 upon this legislation
He then continued as follows:l
| thiak it may be justly said, il
the words of Mr.. Webster, that IL is:
"Perfectly plain aud manifest that
although the trainers of the Coustitu