Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1868-05-20
An Abstract Of the Views Of Hon. Geo.
y. Edmnnds on Impeachment.

SUBMITTED TO THE SENATE MAY l2 1868
Mr.. Edmunds, after declaring that he was
not Influenced by the partisan aspect of the
case, explained his views regarding the Judi.
cial power of the Senate, aud proceeded to AR.
que 40 length for conviction on the charges of
violating the Civil Tenure acts. He argued
that the charges were sustained by the proofs
and insisted that the only question then in
volvcd was whether the acts committed were
crimes and misdcmeanors. After quoting the
constitutional provision regarding the appoint
/ ing and confirming power, he proceeded to ex-
/ plain that the only powers granted to the
( President by the constitution were those Of
commandcr-in-chief to grant reprieves and
/ pardons ON the other hand, his duties were
distinctly defined, among them being the re.
/ sponsibliiy of faithfully executing the laws.
/ The limited powers which the trainers Of the
constitution thought fit to grant TO the person
who was to take the place Of king and empe-
rors in systems Of government hostile TO lib
orty, could be- easily 'med, and ought to be
zcalou.ly defended duties relating to
the execution of the laws could not easily be
ioresccn in detail and from them could scarce
ly arise any danger to the republic, for the
President was not To execute the laws himself
but TO take care that they be faithfully exc
cutcd This could only be done by Just such
aud only the methods and agencies provided
by the laws themselves lie could not right
fully violate the laws in order to enforce them
After clearly stating these principles, lie
proceeded to argue that the President could
only use the power of appointment in the
l....sl....l Ia.
ment he cannot accomplish legal purpose
by illegal means, or break the laws himself
to prevent them being violated by Others
To sustain this position he quoted the Ian
guagc of the Constitution that Congress shall
have power TO make all laws which shall be
necessary and proper for carrying lnto execu-
tion the foregoing, l. e. the legislative powers
and all other powers vested by the Constitu-
tion in the Government Of the United States
or any department thereof In view Of these
provisions he insisted that the power over the
tenure of civil Offices was vested in Congress,
aud that the trainers of the Constitution in
tended TO leave the selection of oilice-holders
TO the President acting with the advice aud
consent Of the Senate, and leave TO the whole
goyernment--that is, 10 the law-making pow
er---iull discretion as to the establishment of
offices, and as to the time upon which, and
the tenure by which, they should be held by
he'per-ons so selected Having thus argued
the application of the Civil Tenure act to
Secretary Stanton's case, he proceeded to ex-
plain that it had been violated hy the Pres-
dent in hi- removal of that officer he pre-
viously quoting number Of Supreme Court
decisions sustaining his views regarding the
legislative power, and then presented a
lengthy statement of other authorities in
oluding the members of the early Congresses
He theu discussed the acts of 1872, 1895 aud
1868, relating to al interim appointments,
and argued that Secretary Stanton was Secre-
tary Of War. notwithstanding the expiration
Of the term Of Office for which he had been
confirmed, and consequently the Civil Tenure
act held in his case. lie dismissed the fourth
article with the statement that it was not
proven, aud announced the same opinion re-
garding the conspiracy articles. He also dis
missed the ninth article in the same manner
Regarding the tenth aud eleventh articles, he
expressed the opinion that they did not come
within the constitutional meaning of high
crimes and misdemeanors.