Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-22

amt Gmeni OF Senator Henderson, as amended
by the amendment OF senator Trumbull; when
IL was agreed to by a vote of 2S ayes to % nays
The Chief Justire then notified the Managers
TO proceed. sEsI" --#H .r- r 5
Mr.. Boutwell,, of the Managers, arose, and
addressing the presiding officer and Senator's,
of sheir arduous labors. The importance of
this occasion is due to the unexampled cir
cumstance that the Chief Magistrate of the
princifal republic of the world is on trial npon
thff charge that he Is guilty of high crimes and
m tsdemeanors in office. The solemnity of this
occasion Is due TO the circumstance that this
trtsl is anew test OF our public natioEal irtue
and also OF the strength and yigor of popular
govtrnment. The trial of great Grim mai IL
NOT an extraordinary event-evep when fol-
lowed by con victren and the severest penalty
known to the laws. This respondent rs not to
be deprived Of life, liberty, or property. The
object Of this proceeding is not the puni Inn ant
Of the Offender, but the safety of the State.
The issues of record between the House of
Representatives and Andrew johnson, Presi
dent of the United States, are technical and
limited. The Managers have met the issues,
and, as they believe. maintained the cause of
the House of Representatives by evidence di-
rect. clear, and con inclusive Those issues re-
quirs the Senate to ascertain and declare
whether Andrew johnson, President Of the
United states, Is guilty OF high crimes and
misdemeanors as set forth in the several arti-
cles of impeachment exhibited against him,
and especially whether he has violated the
laws or the Constitution of the country in the
attempt which he made on the 2lst OF Feb
ruary last TO remove Edwin M. Stanton from
the office of Secretary for the Department OF
War, and TO appoint Lorenzo Thomas Secre.
tary of War al interim. These are the issues
disclosed by the record. They appear in the
statement to be limited in their nature and
the final action of the Senate thereon involves
and settles questions OF public policy of great
er magnitude than any considered in the polit.
cal or judicial proceedings OF the country since
the adoption Of the Constitution.
Mr.. johnson attempts 10 defend his conducr
IN the matter Of the removal of Mr.. Stanton by
of removing from office all executive Officers
for cause TO be Judged of BY the President
alone. This claim manifestly extends to the
officers OF the army and of the navy, of the civl
and the diplomatic service. In this claim ne
assumes and demands for himself and for ali
his successors absolute control over the vast
and yearly increasing patronage Of this govern
ment. This claim has never been before as
serted. and surely il has never been sanctioned.
nor is there law or usage which furni hes any
ground for Justilcation. even the least.
Heretofore the Senate has always been con-
suited In regard TO appointments. and during
the sessions of the Senate il has always been
Consulted In regard to removals from Office
ne claim now made. IL sanctioned, strips the
Senate OF practical power in the premises a nd
leaves the patronage of Office. the revenues and
expenditures Of the country in the hands of the
President alone. Who does not see that the
power of the Senate to act upon and confirm a
nomination is a barren power as a means OF
protecting the public interests if the person so
confirmed may be removed from hi. Office AT
once without the advice and consent of the
Senate! II this claim shall be conceded the
President is clothed with power to remove
every person who refuses to become his instru.
ment
An evil-minded President NAV remove all
loyal and patriotic officers from the army, the
navy. the civil and the diplomatic s1sryice and
nominate only his adberents and irinnd~ None
but his friends can remain in Office: none but
his friends can be appointed 10 office What
security remains for the fidelity of the army
and the navy! What cecurity for the coIlection
OF the public revenues! What accountability
remains in any branch of the public service,
Every public officer is henceforth a mere de-
pendent upon the Executive Heretofore The
Senate could say 10 thu President you shall not
remove faithful, honest public officer This
power the Senate has possessed and exercised
for nearly eighty years under and by virtue of
express authority granted IN the Cons ustitution
Is this authority TO be surrendered, Is this
power OF the Senate, this prerogatiye we NAV
almost call l., To be abandoned. Has the conn.
try has the Senate in the exercise of Its legis-
latve, executive OF judicial functions, fully
CONSIDERED these broader and graver issues
touching and affecting yitalIy our institutions
and SYST IN of government,
The House of Representatives has brought
Andrew Johnson, President OF the United
states, 10 the bar OF this august tribunal and
fas here charged him with high crimes and
Inisdemeanors in office. He meets the charge
by denying and assaiIing the ancient, undoubt-
ed. constt utional powers of the senate This
is the grave, national, historical. constitutional
issue. When they de- eide the iss ues of record
which appear marrow and technical they de-
on the part of the House of Representatives. as
time and their abilities may permit intend 10
deal with the criminal and with these, his
crimes. and also TO examine the CopstitutionaI
powers OF the President and Of the senate
Mr. Boutwell, then proceeded to consider the
character OF the Government, and especially
the distribution OF powers and the limitations
placed by the Constitution upon the executive
Judicial. and legislative departments Quot.
ing the various provisions OF the Constitution
defining the powers delegated respectively to
own ,ffx-..I Ia0t
Of the Government, he argued that the Consti-
tuition devoives upon Congress the duty Of
providing by legislation for the full execution
Of not only the powers vested in Congress- but
also Of providing by legislation for the execu
tlon OF those powers which by the Constitution
are vested in the executive and judicial depart.
ments. The legislative department has origi-
nal power derived tom the Constitution by
which II can set and keep itself IN motion as
branch Of the Government, while the execu.
tive and judicial departm T. have no self.ex
ecuting Cor slit ntional capacity but are con.
shntIy dependent upon the legislative depart.
ments. Nor does IL follow, as might unon
slight attention be assumed, that the executive
power given TO the President is an Unlimited
power
Whenever the President attempts to exercise
any power, he must. If his right be questioned,
find specific authority in the Cons tit ution or
laws. BY the Constitution he is ComnanHer.
n-chiet OF the army and navy; but it is for Con.
gress to decide, in the first place. whether there
shall be an army or navy, and the Pre- ident
mt st command the arm Y and navy, as it is ere.
a1ed by Congress, and subject. as is every other
of1cer of the army or navy, 10 such rules and
regulations az Congress may froIo time to time
establish.
BY cur system of Government the soyer.
eighty is In The people of the United States, and
that sovereignty is fully expressed in the pre-.
amble to the Constitution. By the Constitution
the people have vested discretionary power
limited, II is true-in the Congress OF the United
States, while they have denied TO the executive
and Judicial departments all discretionary or
implied power whatever.
Reviewing other constitutional aspects of the
question. it followed that there can be no in.
quiry here and now by this tribunal whether
the act in questionable act entitled AN act
regulating the tenure of certain civil Offices
is IN fact constitutional or not. II was and is
the law Of the land. 1t was enacted by strict
adherence TO constitutional forms. 1t as and
is binding upon all the officers and depart.
menis of the Government. The Senate, for the
purpose of deciding whether the respondent is
innocent or guilty, can enter into no ina uiry as
to the constitutionaliy of the act, which il
was the Presidents duty to execute, and
which, upon his own nswer, and by repeated
official confessions and admiss ions, he inten-
tionally, wilfully, deliberately set aside and
violated.
If The President, in the discharge of his duty
'.to take care that the laws be faithfully ex.
ecuted,' may inquire whether the laws are
constitutional, and execute those only which
he believes to be so, then, for the purposes of
government, his will or opinion is substituted
for the action OF the law-making power and
the goyelnms mt is NO longer q government of