Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-03-06

that the laws be faithfully executed. Every
abuse OF this power, whether it be by an imprO-
per use In the exercise of it, by neglect re-
tusal to exercise it, is breach of official duty.
But II is not every breach of official duty that
can be charged a crime or misdemeanor
against the delinquent officer. Whatever doubt
may have arisen, IN other cases, of the criminal
character Of the official conduct involved in them,
the one we are now considering presents no basis
on which to rest doubt. Deliberately, not to
say defantly, the President has violated the pen-
al statute Of the United States and has therefore
committed high misdemeanOr, which the law
says shall be punished by fine not exceeding
9lO,OOO, or by imprisonment not exceeding five
years, or by both, said punishment to be at the
discretion Of the Court. (Act ofMarch 2, 1867,
section o. All the circumstances attendant on
this case show that the Presidents action was
deliberate and wilful. There is not a shade of
excuse or pallaton in the case as it is presented
to Us. 4 decent respect for the Executive office,
a patriotic effort to avoid collision between two
departments Of the government, ever manifested
by this House, seem to have been most strangely
misunderstood by the President Our refusal 10
abuse the power or to resort to it even, while a
mere doubt as to right to exercise it could be
urged IN opposition thereto, seem to have been
construed by him into license TO trample even
upon the penal statutes. The result is before us
The President challenges the supremacy of the I
law and dlshOn0rs his Constitutional obligation /
to take care that the laws be faithfully executed
he afirms that his oath of Office may
he qualified by the conclusion of his private
Judgment. He defantly casts before the repre-
sentatyes Of the people his gage and declares
that he will decide what laws are Constitutional
and that such only as stand the test Of his iudg-
ment will he respect enforce or obey. This is
the case. He has elected to base it upon a penal
statute 1t is for us to traverse his case and put
it to the country Anything less than this
would be a shameful abuse Of our high trust and
a criminal abandonment Of duty, To my charge
shall neithes Of these Ofienses be placed Mr.
Speaker, it has been urged in this debate
hat the Presidents sole object is to secure
Judgment Of the Courts as TO the consttutiOnality
f the act regulating the tenure Of certain civil
'tfces. Such an intent will not justify the COM
mission Of high crime or misdemeanOr. Sup
'ose the Courts should hold this act to be Consti-
ut0nal? Would the fact that his intent was TO
nave that question decided be good plea for an
Indictment Of violation Of its provisions Who
+ 50 insane as to assert 80 preposterous pro
POSITION? Whoever acts IN this way and for the !
'urpose suggested does so at his peril. The risk
elougs to the President IN this case and not the
lw. lie committed high crime and misie-
4pttl'l III Nit4tA 10 SECURE q judgment OF the
aurts Sir, We viii crafty his desire by refer
ing his case 10 the highest tribunal known to
be Constitution Of the RepubEc-the High .
ourt Of impeachment To that august tribunal
e will present the ease, and with it the law and I
be criminal. He shall have his day in court anil
e taught for his own good, and that of his sue
,>-or in Office, and that of the United States.
.othei with all the great powers of his high i
hcial station, he Is completely subordinate to t
Ie laws of the Republic as the humlest Of its a
tizeis. The public welfare, the repose of the q
alton, the interest Of our Institutions and the '
tety Of the Republic itself. require that all per-
n-, official or otherwise, shall be solemnlv a
ughi that the law Of this land Is no respecter C
persons ; that high and low, rich and poor, il
lhc officer, AMI private citizens, are each and ;
/ alike amcnahle To- its imperial demands, sub t
ct to its hi-h commands, subordinate to its su- 5
RENE authority. b