The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-06-05

rh.re was clear opportunity to resort TO le.
cal means to displsce the Secretary then by
nominating another suitable person In his
place.
there would be no hope OF the confirmation OF
any one Who would not disagree with him about
the full execution Of laws rs greatly as Mr..
Stanton, and hence II was useless for hin TO
re.ort 10 that method Of relief. This IL doubt
lees true, and IL places the respondent IN the
no.ition OF refisin. to take clear legal method
Of change because II would not answer his
purpose. THIS necessarily leads 10 the pre-.
sumption that II the respondent ws.in esrnss'
he wouli try some other way. lie did 50. w
sooner hal Congress adjourned than he sus.
pendel'' Mr.. Stanton, - he bad a Legal I,gn,
10 do under the net Of 1867, prosheu ne ae.ei
in goOi faith in 80 doing, AMI not rs mere
cover 10 get rid Of an obstacle IN the way y,
hi. own opposition to Lev. Hell no osassea
In his power of removal, he could have exer-
.I..,l n then .andif Mr.. Stanton would not yield
n. couLl have instantly resorted to the courts
of iav, This he ii not ID, but ON the con-
trary excluded Mr.. Stanton from the oihcc un-
der The law for nearly six months, and then
en,icayorc,l to- arrange TOR defeating the same
Law. by preventing Mr.. stanton nom resum-
inc po<-cssion under the vote Of the SENATE OF
January ,Isis. At that time, then. his design
Law, bat hy some other expelien,. from hold
Ing the Office, and forcing him, II he could, to
resort 10 legal measures tor redress
During all this period down to the 2lst Of
February, when the act in question vas CON-
mitted, no one vas nominated 10 succeed Mr..
Stanton; sDd from the vote ut January to that
date no step whatever WAS taken to resort to
any legal mode to procure the change he vas
determined TO bring about. There was no
aol IN nd MI t1u ms
the sole object Was to put things In process Of
judicial decision. for the ORDER OF dismissal
alone, IL not obeyel, woall do that; and II
obeyel, there woul.l be no further steps In that
respect for the President To take; the desired
end would DO accomplished. In this state OF
things. with the Senate In session and pre-
sumably ready to confirm an irrcproschable
man, he turns his back upon IL and makes ov-
ertures TO General Sherman 10 take the Office
under his Fat. This Is declined. Then Gener-
nj Thomas, . man who. judging from his APP
pearauce in court, must have been known 70
the respondent not to be suited Ia the place OF
Secretary Of War. 10 suddenly restored to place
As Adjutant General. the .Prinoipai executive
officer in the Army and isthen at once aPpoint
eI Secretary al interin, with Instructions to
" enter Immediately upon the discharge OF
the Duties" So, which General Thomas agrees
TO DO, with formal mutual sdiro that the
Constitution and the laws" under which the
President had professed ct the same time to
dismiss Mr.. Stanton, should be maintained:
cannot believe that the respondent expected
that Mr.. stanton would yield to anything less
than force. He had been formally notihed In
writing In August By Mr.. Stanton himself that
ne denied his power To remove him. or to sus-
mead him without legal cause, aud that he
would only yield when he had emo alternative
but to submit. under pro,est,to superior force
Thomas confesses on the stani that ut some
u a .tI..- A, mo-
sion, he expected to use force. In view of all
these circumstances cannot resist the conclu-
sion that the sixth and seventh articles are
proved, and that the respondent Is guilty, as
therein stated.
The craysman Of the eighth article seems to
be the alleged attempt, by certain means alleged
90 get unlawful control Of the public moneys.
II this DO the meaning Of that article, aud 1
think II il. I think the proof does not sustain
the charge and that the respondent Is not guilty
upon that charge.
The ninth article appears to me also to be
wholly unsustained by proof
The tenth and eleventh articles,so far rs they
relate to the sayings and speeches Of the re-
spondent. require for their support under the
rule I have before sdverted TO, an unlawful and
criminal design and intent. However Disgrace
ful these speeches may be-and they certainly
do not need any comment In that respect
fairly considered they we're, think. only In
tended to appeal to the political prejudices OF
the people, and to induce them to overturn the
party Of Congress by q revolution at the polls,
and not by illegal violence. AS sush, think
them, In a legal sense. within the liberty OF
speech secured by the Constitution and by the
spirit Of our institutions; liberty 50 essential
to tho Welfare and permanency Vt free gov.
eminent in q state OF peace and under the rule VI
municipal law, that IL were better to tolerate q
considerable abuse OF II rather than to subject
II 10 legal repression or condemnation.
Besides the accusation OF criminal speech;
article eleven seems to contain three charges
a contriying Of means to defeat theact of Mar.
2. 1867; to defeat the Army appropriation bill
of 1867; and To defeat the act Tor the more ef-
6c'ent government Of the rebel States. The first
and third OF these charges. think, for the rea-
sons already stated, are proved by the evidence
alre,dy referred 10 ~ To the causes for aud the
attempt to remove Mr. Stanton. The second,
think, is not. But upon tho construction put
upon this article by the Senate. that u only
contains an accusation touching MIR. stanton.
feel bound ~ vote guilty upon IT..
Much has been said In the course Of the trial
upon the nature % this procceding, aud the
nature Of the ofenses which can fairly be en-
bracei with the terms Of the Constitution. In
my opinion this high tribunal Is the sole AMI
exclusive Judge VI its own Jurisdiction In such
as,-s, anil that, rs the Constitution dil not es-
crime, hut for the secure aud faithful admins
trUtion Of the law. IL Was not intended to cramp
il by any specific definition Of high crimes and
mislemesnors. but to leave each case tn be de-
fined BY Law, or, when not defined, to be decid-
ell upon it, own circumstances. in tho PATRIOTIC
AMI julical good sense of the Representatives
of the States. Likethe jurisdiction OF chanoery
in cases ot fraud. II ought not to DO limited In
advance, but kept open rs great bulwark Tor
the preservation IL purity and fidelity In the
administration VI affairs, when undermined by
the cunning and corrupt practices Of low Of
Tenders, or assaile'l by bold anil high handed
usurpation or defiance; shield for the honest
and law-abtling official; sword to those who |
peryert or abuse 'heir powers, teaching the
maxim which rulers endowed with the spirit OF
aTrojln can listen 10 without emotion, that
"kings may he c,sheirel for misconduet."
Two exceptions that 20. practically, to the
jurisdiction Of this tribunal over such cause rs
this have been ~ much insisted upon in arsu-
ment that their bravery challenges admiration
rs much rs their error does condemnation. |
The irst Is that the Senate has no right To
judge In what Il callel Its own case; that such |
an net is contrary to the first principles Of JUS |
toe, Sc. |
In any proper sense Il 10 not its own case |
Its members have M personal interest in il. IL
Is the case Of the Law violated by the usurpa- |
ton of power under color % Office. As we'll |
might Il besah that q court could not try q
contempt. or punish . hreaoh OF Injunction. or
sit in judgement in q case In which the CON-
munity of which the judges were members hal
an interest. To countenance such . doctrine
would be TO defeat this great but gentle remedy
Of the Constitution almost entirely; Cor most Of
the powers capable OF easy usurpation are
those granted "a this body.
The second 10 that the three great depart
ments Of the Government created by the Con-
stitutIon, being co-orlnate, neither has the
power 20 bring into review the acts Of the other,
AMI each 10 the supreme judge for itself Of its
own rights under the Constitution. II each Of
the Departments we're In all respects the equal
Of the other. this would Be true. and the only
method ofeorrecting the misconduct or aggres-
sion Of either would DO the Siiina ratio regsm
force. But the fathers, whose wisdom has
heen a, tnu,h AMI usflv mr. isssl nv shs COM