The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-05-13

u 1TealQGnT nan ErOsSlY anu ft@AA =. =
4 lated the law, and far transcenae u
/ powers inappoinfing General Lnomas
las Secretary I'D Interim, and hAdtneIepS
rendered himself liable TO tmPeach'
ment by the House, and pun1shmenl
by the Senate. he spoke or1eny on me
other articles. and on the whole innlca-
| ted that while he should certainly vote
against the first article. he would vote
! for the second and third and perhaps
Nj. Stewart was the second speaker
and took strong ground in favor of con-
| yjction ON all the principal articles.
Mr.. Grimess was the third speaker
he has been reported for acQufttal fol-
some days, and the truth Of this report
had been learned by everybody who
took proper means OF inquiry. There
was great interest, however, In hearing
what he would say, and when he had
occupied the allotted hfteen minutes
there was a general request that he
should read his whole opinion. Mr.
Grimes began with the consideratiouoi
the Presidents power of removal o.
the heads of departments under tbs
Constitution, quoting many authorities
to show that his power was not denied
or abridged by the passage Of tbs
| tenuEe-of. office act. he then passed
over the question Of the constitutions
validity of that act, and took up tht
I QtSCu6SlOu WneLntE E9ihntOh'b CSHt
came within its provisions. He did MOI
consider the Secretary of War either
within the inst section OF the act OF
/ the pToViso,3 and quoted the declara-
| tions of MFR. Schenck and Mr.. fisherman
\ in the debate on the passage of the Dill
in March, 1867, TO sustain the theory
| Hethought Mr.. Stanton held oheeIun.
dor the pleasure OF the President alone,
under The act of 1859. and that the
President could remove him. He did
not think there was any distinction be
tween the power of the President to re-
move in the recess and bis power tore
move during the session of the Senate,
an officer VINO held solely by his pleas
uTe. l ~ ~ ~ o+'
Taking up then the second article,
he said the temporary designation OF a
peFsouto discharge the duties OF an Of
| dee 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is satisfied has not been repealed by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 1858. Mr.. Grimes said he should
be unable to convict the President of a
crime In such a temporary app0tnt-
ment, not doubling that the President
acted in good faith, and believed he was
acting within the laws. He dismissed
the conspiracy articles very briefly, as
he did the eighth and ninth article. He
then took up the question of intent,
saying he had no doubt that the Presi-
dent thoroughly believed the tenure-of-
Office act unconstitutional and void,
and that he was advised of It's uncon-
additionally by Mr.. Stanton and other
members OF his Cabinet, and Dir.
Grimes thought 1t not strange that un-
der the circumstances the President
should doubt or question its scope. He
held, however that the Stanton case
was not included in the provisions OF
this act, and that therefore the ques-
lions OF intent need not be Considerad,
as the President had done no unlawful
act. But even II he were included, the
guilty intent was not such as warrant
ed 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 supremacy of Congress
over NIL other branches of the govern
ment was established, and he was no
believer in such doctrine. @
Mr.. Grimes turned of the remaining
articles in few words, and closed as
follows: @
lions upon which the President has been
at the bar OF public opinion out:
put of the record. Mr.. iJohnsons character
lS u statesman, his relations 70 political par.
ties, his conduct as citizen, his ehorU at
powers. The character OF his appointments, |
and the influences under which they were
made, are not before us on any change nor
can Euffer my Judgment OF law governing |
this case to Ds influenced by pol1ucAl con-
SideIauons. j cannot agree & destroy The
Harmonious working o.. The Constitution lor
the sake OF ting nd Oh an unacceptable |
Whatever my opinion OF The In. |
cumbent, cannot consent 20 tr.fie with he |
high Ofilce he holds offer widely with |
and measures, and deeply regret the diff |
ierence1 botWeen him and Congress. but
att
vote that he y guilty OF high CHIMES and |
..E-f -... q -.--.- |
Mr.. Edmunds was the next speaker.
He drew up the tenure OF Office act, |
had entire charge OF IL before the Sem |
ate, and was thoroughly conversant |
with its intent and meaning. There |
was consequently great curiosity TO |
hear his opinion on the case now pros |
.cuted. He spoke nearly an hour, |
reading entirely from manuscript very |
prepared He said at once |
hat the charges specified in the first,
second and third articles were clearly
proved, and the only question to con-
slider was whether they constituted |
nigh crimes and misdemeanors. he
Iound that the Presidents duties were |
all defined in the Constitution, and the |
,hief of these is, he shall seethst the |
laws are faithfully executed and shall |
execute them by such means and such |
means only as are provided in the laws |
The President could not |
violate law in order to en- |
force IL, and could only use the power |
Of appointment in the manner fixed by |
The legislative department of the gov
eminent, and could not accomplish |
legal purposes by illiGal means. From |
these premises Mr.. Edmunds argued |
hat the Presidents course in removing
Stanton and appointing Thomas was |
not only illegal, but SO grossly Illegal |
AS to constitute "A high crime. He |
could not support any OF the conspiracy
articles, but should vote tor the first |
three. a=11-s alale r1.I ss .l4Ezi |
MIR. Williams was the ffth speaker.
He reHcht d about the same conclusion
as Mr.. Edmunds had. BE would vote
Tor the fTsi, second and eighth articles,
and Left tho impression on, the minds
of his associates that he might also vote
for some Others. - a. "a -Tt
Mr.. Howe followed, with a brief
statement OF his conclusions, which It
was found did not materially differ
from those of Mr.. Sherman, He would
not vote for the first article. hut would
support the second and third and part
OF the eleventh article II 1t were d.
Mr.. Hendricks was the first speaker
on the Democratic side OF the chamber,
He spoke from notes, but had no writ
ten opinion. BE OF course took ground
against the whole thing. Snch OF The
allegations of the House as rested ON
documentary evidence he admitted
were proved, but If everythiny charged
Were ADMITTED, he held that there was
no guilty intent, and therefore no case,
lie would vote against every article.
and charged that Impeachment, IL car.
ried al all, would be carried as a parti.
san measure, and not as measure of
Justice. = y. : -
Mr.. Pomeroy and Mr.. Morrill, OF