The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-28


has since persisted in attempting to enforce il
Indeed, to show his utter disregard Of th
laws of his country, we have only to turn II
his last annual message, in which he proclaim
to the public that the laws of Congress are un
constitutional and not binding on the people
Who, after that, can say that such q man i
fit to occupy The executive chair whose duty j
Is to inculcate obedience to and see that thes
very laws are faithfully obeeyed?2 Then tn
great beauty OF this remedial and preventive
process is clearly demonstrated. He is dul
and blind who cannot sec its necessity and tht
beneficial purposes OF tho trial by impeach
| ment.
By the sixth section Of the act referred to il
is provided that every removal, appointment
or employment made, had or exercised con
trary to tho provisions OF this act. and the max
ing signing, sealing, countersgning or issu
ing Of any commission or letter Of authority
for or in respect to any such appointment CT
employment shall bo deemed and are hereby
declared to be high misdemeanors. and upon
trial and conviction thereof every person
guilty thereof shall be punished by q fine
not exceeding S10,0U0, or by Imprisonment not
| exceeding fivo years, or both such punish
| ments, ut the discretion of the court"
Now, in defiance of this law, Andrew John
son, on tho 21st day of February, 1868, issued
| his commission or letter of authority to Lo.
renzo Thomas, appointing him Secretary oil
War dd interinl, and commanding HIM to take
possessio OF tbe Department Of War, and to
! eject the incumbent, E. N. Stanton, then in
| lawful possession of said Office.
Here, il this act stood alone. would be an
| undeniable misdcmeannr. Not only mlsde-
meanor per Se., but declared to he 80 by the
act itscli, and the party made indicteble and
| punishable in y criminal proceeding. If An
drew Johnson escapes with bare removal from
off bo In H,a nd ofoI ir,
tho penitentiary afterwards. under criminal
prOceedings-ho may thank the weakness or
elem ncy of Congress, and not his own inno-
cence.
We shall propose to prove on the trial that
Andrew Johnson was guilty oil misprisOn OF
bribery b. offering TO Gen. Grant, If lie would
unite with HIM III hlS lawleHS violence, to as
sumo in his stead the penalties and to endure
the Imprisonment denounced by the law.
Bribery IL one of the offences specifically emu
mcrated for which the President may be i'm
peached and removed from Office.
BY the constitution, article 2, section 2, the
President has power to nominate, and by and
with the consent OF the Senate, to appoint all
officers OF the United States whose appoint
mcnts are not therein otherwise provided for,
and which shall be established by law, and to
fill up all vacancics that may happen during
the recess Of tho Senate by giving commits
sions, which shall expira at the end OF thor
next session.
Nowhere, ethor in tho constitution or by
statute, has the President power to create
vacancy during the session Of the Senate, and
fill it without the advlco and consent Of the
Senate; and yet, on the 21st day Of February,
1868, while the Senate was in session, he noti-
fed the head OF the War Department that he
was removed from Office, and his successor dd
interim appointed. Here is plain recorded
violation OF the constitution and laws which,
il it stood alone, would make every honest
and intelligent man give his vote for impeach-
ment.
The President had persevered in his lawless
course through a long series OF unjusti6able
acts. When tho so-ca!led Confedel ate States
OF America were conquered, and had LAID down
their arms and surrendered their territory to
the victorious Union, tho government and final
disposition of the conquered country belonged
to Congress alone, according to every principle
OF tho law of nations. Neither the Executive
nor the Judiciary had any right 10 Lterfcre
with it, except so fur as it was necessary to
control it by military rule, until tho sovereign
power of tho nation had provided for its civil
administration. No power but Congress had
any right to sly whether ever or when they
llinn. ri hn ndmitfri tn thn Uninn StntoJ nI.d
entitled 10 the privileges OF thJ Constitution OF
The United States.
And yet An rev johnson, with unblushing
hardhood, undertook to lulo them by his own
p wcr alone, to lead thom into full communion
with the Union, direct them what governments
10 erect and what constitutions to adopt, and
to send Sonptors and Representatives to Con-
gress according to his instructions. When
dmoDished by express act OF Congress- more
an once repeated, he disrcGarded tho warm
n.,.' and continued his laSless usurpation. He
is since known to have obstructcd the re-cs-
tablishment of those governments by the au-
thority Of Congress, and has advised the in
habltants to resist the Legislation of Congress.
In my judgment his conduct with regard to
that TRANSACTION was q igh-handed usurpatlon
OF power, which ought long ago to have
brought him to impeachment and trial, and to
have removed him from his position OF great
mischief. He has boon lucky in thus fur cscap-
ing through false logic and false law. But his
then acts, which will on the trial be shown TO
be atrOciolIs arc open evidence Of his wicked
determination 10 subvcrt tho laws OF his coun-
try.
I trust that when We come TO vote upon this
quc ston VIC shall remember that although 1t
is the duty OF the President to see that the
laws be executed, the sovereign power Of tho
nation rests in Congress, who have been placed
around the Executive as monuments to defend
his rights, and as watcnmen TO enforce his
obedience TO the laws and tho constitution.
His oath is To oboy the constitution, and ours is
10 compel him to do it.
We arc to protect or to destroy the liberty
and happiness of mighty people, and to take
care that they progress in civilization and de-
fend themselves against every kind OF tyranny.
as wc deal with tho first 81 eat political malo-
factor, 80 will be the result Of our efforts to
perpetuatc the happiness and good govern
lnent Of tho human race. Tho God of our
fathers, who inspired them with thoughts OF
universal frcodom, will hold us responsible
for the noble institutions which they projected
and expected uI to carry out. This is not to
bo the temporary triumph of Il political party,
but is to endure III lis consequences until
this whole continent shall he filled with free,
un.rammciled people, or shall he q nest OF
shrinking, cowardIy slaves.
TpE PRESIDENTS VIEWS OF THE COURSE OF GEN.
LORENZO THOMAS TOWARDS STANTON.
The Washington correspondent of the New
York Herald, writing on Monday, says:
The President seems moro calm than during
the two proceeding days, and talks much less,
it is SAID. 10 not say Oh authority that he
has been somewhat disappointed in the turn
affairs have taken, but his plan WAS not carried
out exactly as he had designed. General
Thomas was not up 10 tho emergency, and
made serious bll;ndcr III allowing Alr. Stanton
to remain even au hour III the Var Otilce after
his notification OF removal and tho appoint
mcnt of Geueral Thomas. Had tho latter in-
sisted ~ the outset upon assuming control,
and demanded the symbols OF authority, it is
believed that lir. Stanton would have Quietly
yielded, and the President would now be IN a
better position for testing the case bef)fc the
courts.
As showing the private view OF the Prcsl-
l,l, .tnr Of ftnnQrnl Ih0m1a-