The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1868-04-30
IMPEACHMENT TRIAL.
~-~~---~~~~-@~
SPEECH OF MANAGER BOrrWktt
s~~-~~~-~--~~-S
FoRTIETH CONGRESS.
-es~-~s.s-SAsAs<
SECOND SESSION.
f A--.
SENATE.

Mr., Boutwell,, at ten minutes be
foro ] o'clock, addressed the Senate
Mn, President AND SENATORS
| You may now anticipate speedy con
clusioD of your arduUus labors. Tn,
importance Of this occasion is duo "a
the unoxampled circumstances thai
this trial is that of the Chief Magis-
trate of tho principal republic of th,
world, aud its solemnity is due to tn,
circumstance that this trial is a new
test Of national virtue and strength
of popular government. The object
of this proceeding is not punishment
Of the offender, but the safety OF
state; as the daily life of wise and
lust magistrate is an example fo,
good, so the conviction Of an unfaith
ful olheor is warning to all men
The issues between the House aud
the President are technical and lin.
tied, but We have met them aud main.
tanned them by conclusive evidence
aud your FIRST action involves and
settles the questions Of public policy
of greater magnitude than have been
considered in political or judicial pro
ceeding of the country since the
adoption Of the Constitution. lie
then proceeded to discuss the claim
OF the President Of the power to re-
move at all times of all executive
officers. This Law has never before
been asserted aud surely never sane
toned, and no law justi6es it if sane.
toned. This claim strips the Senate
of all practical power in appoint.
mcnts aud clothes the President with
the power to remove every one re-
fusing to be his instrument.
Mr.. Boutwell, instancel the effect
of such power, such as the removal of
the loyal aud patriotic officers Of the
army and navy and in effect yitiating
the fidelity Of all branches of the
public service. The constitutional
powers If the President and Senators
we're first considered on the examina
tiou of the Constitution. He con.
tended that it shows that the Execu-
tive and Judicial departments have
no Inherent right by which they are
enabled to perform their functions
while the Legislative department is
clothed with authority to make all
laws necessary to carry into execu.
ton all powers vested by the Consti.
tuition in the Government, or in onv
department or Office thereof. The
Legislative department has the origi
nal power from the Constitution,
while the Executive aud Judicial de
partmcnts are constantly dependent
on the Legislative department Quo.
tations were made from different au
thorltles in support Of this point. If
the President by implication or con
struction, assumes authority not
granted by tho Constitution or laws,
he violates his oath of office, and it
is 10 his province, 10 execution of the
laws, to consider whether they are
constitutional. The crime of the
President is that he has violated the
law, aud in his defence no inquiry
can be made whether the law is con.
stitutional, and there can be no in
quiry by the tribunal whether the
Tenure Of Office act is constitutional
or not. 1t is law of the laud and
is binding upon all officers and do.
partments Of the Government. 1t was
the Presidents duty to execute il,
and upon lis own answer, by repeat,
ed official confessions and admissions.
he Intentionally, wilfully aud delib.
erately set aside and violated it.
Mr.. Boutwell, maintained that no
Senator has right in this trial to be
governed by his own opinions of the
conslitutionality Of law. If the
President may refuse to execute
law because in his opinion it is un.
constitutional then he and his sue.
cessors may refuse to execute all
laws not sanctioned by the supreme
Court. Having no right to inquire
into the constitutionalty of law the
President cannot plead purity of
motive to reiute his own admissions.
that he has Intentionally violated
that law. The avowal of the Prosi.
dent that his object in violating the
Tenure Of Office act was to get il
into the Supreme Court, was oonsid.
cred. Mr.. Boutwell, characterized
such a proceeding as criminal and as
q systematic attempt to undermine
the Government 10y drawing into the
court the question Of the validity of
laws eoustitutiOnally enacted. but the
assertion that the President desired
10 test the matter in court was a pre-.
ext, as up to this time no real steps
ned been taken by him in that direc
ion. lie never designed to test the I
lights in court, His object was to |
eize the officers of the Government s
or purposes of corruption, and by q
heir influence to enable him o recon.
truct ths Union in the interest of i
he rebellious States. He resorted 8
o this usurpation as a necessary o
means of usurping all power and re- Q
toring the Government to rebel
ands, 90 criminal was ever arraigned j.
rho offered q more unsatisfactory a
xcuso for his crimes. lie had no Il
ight to do what he says he designed 5,
DING, and the evidence shows now I,
o attempt to do what he assigned as a
is purpose. The provisions Of the Il
onstitntion relating to appoint T
Ients we're then considered, aud au- t.
aOrities given to show that no re r,
iovals or appointments can be made r
y the President except in concur 10
moe with the Senate. The letter Of ii
'moval to Mr.. Stantoa was an ad ii
ission by the President that Mr..
anton was Secretary Of War ou the ju