Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-03-04

! lhIS ldtter proceeding was by impeachment
or bills of attainder, generally practiced to
punish official malefactors But the system
soon degenerated into political and personal
prosecution, and men were tried, condemned
and executed by this court from malignant
motives. Such was the condition of English
laws when our Constitution was framed and
the convention determined to provide against
the abuse Of that aigh power. so that revenge
and punishment should not be inflicted upon
| political personal enemies hence the
whole punishment made to consist in
removal from office, and bills of attaindcr
were wholly prohibited. We are to treat
this question, then, as wholly political, in
which, if an officer of the government abuses
| his trust, or attempts to pcrvert it to i'm
proper purposes, whatever be his motive. he
becomes subject to impeachment and removal
from Office The otfcnse being indictable
does not prevent impeachment, nor is not
necessary to sustain it. [See Story Com
mentaries on the Constitution, Madison, aud
others. Such is the opinion of our ele-
mentary writers. Nor can any case of i'm
parchment, tried in 4 lis country, be found,
whereby an attempt WIS made to prove the
ofense criminal and indictable. W hat then
are the official misdemeanors Of Andrew John
| son. disclosed bv the evidence? On the I'd
day Of March, 1867, Congress passed an act
entitled &" An act regulating the tenure of
certain civil Offices - Among other provis-
! ions it enacted that no officer who had been
appointed by and with the advice and CON
! sent Of the Senate should be removed from
Office without the consent Of the Senate and
| that if during the vacation, a suspension
should be made for cause, such cause should
/ be reported to the Senate within twenty davs
after their next meeting. If the Senate 5. Ould
deem the reason of suspension sufficient, then
/ the officer should be removed and another
appointed in his place. But if the Senate
refused to concur with the President, and
declare the reasons insufficient, the officer
suspended should further assume the func-
tions of his Office and the powers of the per
son performing his duties should cease. 1t
is expressly provided that the Secretary OF
War shall hold Office during the term of the
President by whom he may have been ap
pointed, and for one month thereafter. unless
removed by and with the consent Of the Sen
ate as aforesaid. On the 18TH of August.
1867. during the recess of the Senate. the
President removed the Secretary of War.
whose term of Office had not expired, rcqulr-
ing him to surrender the office. with tie pub
lie property andappOintcd Gen. l ). Grant,
Secretary Of War. al interim. " hen An
drew johnson assumed the Office Of President
ne took an oath t. obey the Constitution of
the United States, and to take care that the
\ laws be faithfully executed This was sol
emn and enduring obligation Nor can lie
plead exemption from II On account Of his
condition at the time it was administered t.
+ him. An attempt to obstruct the execution
OF the law-nOt i mere omission amounting
70 negligence which would have been mis-
demeanOr-but Il daring and bold conspiracy
was attempted by hin t. induce the General
Of the Army to aid him in defeating the ol
ration OF this law and when he had sds-
pended the Secretary Of War, he appointed
\ ten. Grant Secretary Gd 7nter5H. with the
avOwed purpo.e of preventing the operation
/ of that law, il the Senate should decide in
favor of the Secretary and he says that the
/ General did enter into such conspiracy to
AID him in obstructing the return OF tine re
/ lcctcd Secretary, notwithstanding the Senate
might decide in his favor. his i denied by
the General, and question OF yeracity rather
angri discussed has arisen between them.
ami those gentlemen seem to consider that
/ that question Is one OF Importance to the
public In this they mistaken.
Which is man Of truth and which Is a
man of talschood Is of no more public i'm
nortance than if it occurred between two
obscure individuals. If Andrew johnson
tells the truth, then he is guilty of high
official misdemeanor, for he avows his effort
to prevent the execution of the laws. If the
/. General commanding tells the truth the
President is guilty of high misdemcanor for
lie declares the same thing. the President
denying only his own completely. No argu-
ment can make this point palmer than the
statement of the culprit. ii lie and the
General told the truth, then he committed
wilful 'rjury by refusing to take care that
the laws should be " executed To show
the animus and guilty knowledge with which
the law was violated we have only to turn
To the proceedings of the Senate, notifying
him of his Illegal and void conduct and then
to consider that he has since persevered III
attempting to enforce it Indeed. to show
his utter disregard of the laws of his country
we have only t. turn to his last annual mes
sage in winch he proclaimed to the public
that the laws of Congress were unconstitu-
tIonal and not binding on the people. Who
after that, can say that such man is fit to
ioccupv the Executive air? " hose duty it
is to vindicate and t. see that those very laws
are faithfully obeyed Then the great beauty
of the remedial and preventative process Is
clearly demonstrated. lie is blind and dull
who cannot see it's necessity and beneficial
results and purposes ot trial by Impeachment
By the sixth section Of the act reierrsd d to,
it IS provided that every removal, appoint
ment, or emplJment made or exercised con-
trarv to the prov vIsiOns of this act, or king
selling, cOunterslgning or Issuing OF any
commission or letter of authority for, or in
respect to, any such appointment or employ
M mt shall be deemed and are hereby de
clared to be hlgh mIsdemeanOr5, ana upon
trial and conviction thereof, shall be pun
ished by fine not exceeding SO 900 or by
Imprisonment not exceeding five years. or
both. said punishment in the discretion of
the Court. Now in defiance of this law
| Andrew Johns m the Dist day Of FnbrI,-
ary, 1868, issued his commissionary letter of
aut ority to Lorenzo Thomas, appointing
him Secretary Of War 0d interim, and com
mandng him to take possession of the De
partment of War, and to eject the incumbent,
H. NJ Stanton. then in lawful possession of
said Office Here, if this act stood alone,
would be an undeniable official misdemeanor.
not only misdemcanor per So, but declared to
be so by the act itself, and the party made
indiatabe and punishable in 4 criminal pro-
ceeding. If Andrew johnson escapes with a
bare removal from office-if he be not fined
and incarcerated in the prntentiary after
wards, under criminal proceedings, lie may
thank the weakness clemency Of Congress
and not his own innocence. We shall pro-
r pose to prove on the trial that Andrew John
son guilty of misprson bribery by
, offering to Gen. Grant, if he would unite
, with him in his lawlcss violence TO assume in
his stead penalties and endure imprisonment
provided by the laws. Bribery is one of the
> offenses specifically enumerated for which
{ the President may be impeached and removed
E from Office.
BY the Constitution, Art. Q, Sec ,, the
President has power to nominate, and by and
q with the advice and consent of the Senate, to
appoint all officers of the United States,
whore appointments are not therein other
, wise provided for. and which shall be estab-
:, lished by law, and to fill all vacancies that
= may happen during the recess Of the Senate,