The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1868-05-15

allOtteu 10 minutes, tnere was gen
eral request that he should read his
whole opinion. Mr.. Crimes began
with a consideration Of the Presi-
dents power of removal of heads of
department under the Constitution,
quoting many authorities to show
that it was not denied or abridged as
to the passage of the Tenure Of Of
flee act He then, passing over the
question of the constitutional validi-
ty of that act, took up the discussion
of whether Mr.. Stanton's case comes
within Its provisions. He did not
consider the Secretary of War either
within the first section of the act, or
the proviso, and quoted the declara-
tions of Mr.. Schenck and Mr.. Sher.
man, in the debate on the passage OF
the bill in March 1867, to sustain the
theory. He thought Mr.. Stanton
held the Office under the pleasure of
the President alone. under the act of
1889, and that the President could
remove him. He did not think there
was any distinction between the pow
er of the President to remove in q
recess and his power to remove du-
ring the session of the Senate an
officer who held solely by his pleas
ures. Taking up then the second ar
ticle, he said the temporary designa-
ton of person to discharge the du
ties OF an office until the office could
be filled, was made legal by the act
of 1895, which he is satisfied has not
been repealed by that of 1868. But
even if he thought otherwise, Mr..
Grimes said, he should be unable to
convict the President of a crime in
such a temporary appointment, not
doubling that the President act ed in
good faith, and believed that he was
acting within the laws. He dismiss
ed the conspiracy articles very brief
ly, as he did the eighth and ninth
articles. He then took up the ques
tiOn OF intent, saying he had no
doubt that the President thoroughly
believed the Tenure of Office act un
constitutional, and said that he was
of its nconstitutio nality by
Mr.. Stanton and other members of
his Cabinet, and Mr.. Grimes thought
it not strange that under the circum-
stances, the President should doubt
or question its scope. He held,
however. that Stanton's case was not
included in the provisions of this act,
and that therefore, questions of in
tent need not be considered, as the
President had done no unlawful act.
But, even if he were inclined, the
guilty intent was not such as warran-
ted the judgment demanded by the
House The Senator went on to say
that if the President might not, in
this way, make case for the Courts
to pass upon, the complete suprema-
cy of Congress over all other branch
es of the Government was establish
ed, and he was no believer in such a
doctrine. Mr.. Grimes turned off the
articles in q few words,
and closed as follows. 81 have eX-
pressed no views upon any of the
questions upon which the President
has been arraigned at the bar of
public opinion, outside of the char
ges. l have no right to travel out of
the record. Mr.. Johhson's character
as statesman. his relations to politi-
cal parties. his conduct as citizen,
his efforts at reconstruction, the ex-
ercise of his pardoning power, the
character of his appointments, and
the influences under which they were
made, are not before us in any
charge. Nor can 1 suffer nv judg-
nent Of the law governing this case
20 be influenced by political consid-
eratlons. i can not agree to destroy
he harmonious working of the Con-
'titution for the sake of getting rid
IF an unacceptable President
Whatever my opinion of the incum-
)ent, l can not consent to trifie with
he high office he holds. / differ
With the President respecting his po-
tical views and measures, and u
eeply regret the differences between
i'm and Congress, but l can not. in
ny Judicial capacity, record my vote
hat he is guilty of high crimes and
DJoURNMENT FOR THE CHICAGO CON-
vKNTIoN.
In the House, to-day, a resolution
o adjourn over the time of the Chi
ago Convention, from Friday next
o Monday the 25th, was defeated by
he casting vote of the Speaker. Be-
ng again offered, with the substitu-
ion of Saturday for Fridey, it was
arried by only one msjority, the vote
eing 68 to 81.
SENATOR EDMUNDs' STATEMENT.
Senator Edmunds. of Vermont, was
he next speaker. He drew up the
'enure- Of Office act; had entire
barge of it before the SENATE, and
as thoroughly conversant with-its
,tent and meaning. There was con- (
great curiosity to hear his
pinion on the case now presented.
lie spoke nearly an hour, reading en- |:
rely from a manuscript, very care
lily prepared. He said, at once,
lat the charge specified in the first, 9
econd and third articles were clear i
, proved, and the only question to :
,nsider was whether they constitu- :
ID a high crime and misdemeanor. 4
.e found that the Presidents duties !
ere all defined in the Constitution, =
ld chief of these is that "he shall /,
,e that the laws are faithfully execut- q
I, and shall execute them by such Y
cans and such means only as are 4
rovided in the laws themselves"
he President could not rightfully
olate the law in order TO enforce it,
Id could only use the power of ap- =
ointment in the manner fixed by the
gislative department ofthe Govern
ent, and could not accomplish legal i.
Irposcs by illegal means. d
From these premises Mr.. Edmunds e,
gued that the Presidents course in n
moving Stanton and appointing d
homas was not only illegal, but so !,
ossly illegal as to constitute high o
ime. He could not support any of .
e conspiracy articles, but should 5,
tie for the first three. p
AID uyrrrr.uos or .rrxfpNr
Mr.. Williams. of Oregon, was the ;
th speaker. He reached about the B.