The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-05-19
TILE pRrs1nrNr,s CLAIMS.

s.
tically deprive the Senate of all power over
appointments, and leave them in the hands of
the President alone. The President does claim
the power OF removal, and that this includes
the power OF suspension. But careful eX-
animation of his answer will show that ne
claims no other power than that conferred by
the act of 1875, to fill vacancies IN the depart
ments temporarily, aid Tor period not eX-
ceeding six months, not by appointment with
ont the consent of the Senate, but by designa-
ton. as described in the act-a power codler-
red by Congress, and which can be taken away
al any time, if it should be found injurious 10
the public interest.
Even, however, if the claim Nf the Presi-
dent did go to the extent alleged. it is not
made charge against him in the articles of
impeachment And however Objectionable
and reprehensible any such claim might be, he
carrot be convicted of high misdemeanor
Tor asserting an unconstitutional doctrine, if
he has made no attempt to give it n practical
effect, especially without charge against him
and a trial upon it,
THE POLITICAL ASPECT OF THE CASE.
1 am unwilling to close the consideration of
this remarkable proceeding before adverting
10 some other points which have been pre-
scented in the argument.
Tie power of impeachment is conferred by
the Constitution in terms so general as to oc-
cason great diversity of opinion with regard
to the nature of offences which may be held
10 constitute crimes or misdemeanors within
its intent and meaning. Some contend and
with great force of argument, both upon prin-
ciple and authority, that only such crimes and
misdemeanoTs are intended as are subject to
Indictment and punishment as a violation of
some known law. Others contend that any
thing is crime or misdemeanOr within the
meaning of the Constitution which the APP
pointed judi es choose TO consider SO; and
they argue that the provision was left indeti-
mite from the necessity of the case, as offences
Of public officers injurious to the public in
terest, and for which the offender ought to be
removed, cannot be accurately defined before
hand that the remedy provided by impeach-
ment is of a political character, and designed
for the protection of The public against I'M
faithful and corrupt politicians. Granting,
for the.sake of argument that this latter con-
struction is the true one, it must be conceded
that the power thus conferred might be liable
TO very great abuse, especially in times of high
party excitement when the passions of the
people are iDhamed against perverse and OBJ
nOXiOus public officer. If it is a power to
be exercised with extreme caution when you
once get Leyond the line of specific criminal
offences. The tenure of public offices, except
those of judges, is so limited in this country,
and the ability TO change them by popular
suffrage so great that it would seem hardly
worth while to resort to so harsh remedy, eX-
cept in extreme eases, and then only upon
clear and unquestionable grounds. In tee
case of an elective CHEF Magistrate of great
and powerful people, living under a written
Constitution, there is much more at stake in
such proceeding than the fate of the indivd-
ual. The office of President is one of the
great co-ord nate branches of the govern
ment, having its defined powers, privileges,
and duties; as essential to the very frame
work of the government as any other, and tc
b touched with as careful a hand. & Any
thing which conduces to weaken its hold
upon the respect of the people, to break down
| the barriers which surround it. to make it the
| sport of temporary majorities, tends to the
great injury of our Government, and infiicts
a wound upon constitutional liberty. 1t is ev
dent then, as It seems to me, that the offence
for which a Chief Magistrate is removed from
office, and the power entrusted to him by the
people transferred to other hands, and espe-
Cially where the hands which receive it are to
be the same which take it from him, should be
OF such q character as to commend itself at
once TO the minds OF all right thinking men
as, beyond all question, an adequate cause
IL should be free from the faint of party leave
no reasonable ground of suspicion upon the
motives OF those who inflict the penalty and
address itself to the country and the civilized
world as a measure justly called for by the
gravity of the crime, a d the necessity for its
punishment. Anything less than this, espe-
cially where the offence is one not defined by
any law, would, in my judgment, not be .justi-
fled by a calm and considerable public opinion
as cause for the removal of President of the
United States. And its inevitable tendency
would be to shake the faith of the friends OF
constitutional liberty in the permanency of
or free institutions, and the capacity of man
for self-goyernment.
Other offences of the President, not speci-
fed i'll the articles ofimpeachment, have been
pressed by the managers as showing the nee
,s'ity for his removal. 1t might be sufficient
to reply that all such were long prior in
date to those charged in the articles. have
been thoroughly investigated by the House of
Representatives, were at one time decided by
majority of the learned Committee on the
judiciary III that body to present no sufficient
ground for impeachment, and were finally
dismissed by the House, as not affording ade-
quate cause for such proceeding, by a vote
OF nearly, If not quite, two to one. But it is
enough to say that they are not before the
Senate, and that body has no right to consid-
er them. Against them tie President has
had no opportunity to defend himself, or even
to enter his denial To go outside the charges
preferred, and to convict him because, in our
belief he. committed offences for which he
is not on trial, would be TO disregard every
principle which regulates judicial proceed
ings, and would be not only gross wrong in
itself, but shame and humiliation to those
by whom il was perpetrated.
1t has been further intimated by the mana
gers, that public opinion calls with a loud
voice for the conviction and removal of the
President. One manager has even gone so
lar as to threaten with intamy every Senator
Sn1 T9I s9G l1F sH TIE fsmoVat Of f stanton
and who shall now vote for the Presidents
acquttal. OmlttlHg to comment upon the
propriety of this remark, it is sufficient to
say, with regard to myself that not only did
not vote for that resolution, but opposed its
adoption. Had | so voted, however, it
would afford no justification for convcting
the President, if l did not on examination and
reflection, believe him guilty. A desire to be
consistent would not excuse violation of my
oath to do impartial justice" vote given
in haste and with little opportunity for con-
sideration would be lame apology for do
ing injustice to another, after full explanation
and reflection.
To the suggestion that popular opinion de-
mands the conviction of the President on these
charges, l reply that he is not now on trial be-
fore the people, but before the Senate. In the
words OF Lord Eldon, upon the trial of the
Queen, Il take no notice what is passing out of
doors, because am supposed constitutionally
not to be acquainted with it," And again, at
is the duty OF those on whom a judicial task is
imposed to meet reproach and not court popu-
Jarity. The people have not heard the evil
dence as We have heard it. The responsibility
Is not on them, but upon us. They have not
taken an oath to do impartial justice accord
ing to the Constitution and the laws" have
taken that oath. l cannot render judgment
upon their convictions, nor can they transfer
to themselves my punishment if violate nv
OWE. And L should consider myself unde-
serving the confidence OF that just and intelli-
gent people who imposed upon me this respon-
slDlllty, aud unworthy place among honora-
bic men, if for any fear Of public reprobation,
and for the sake of securing popular favor, L
should disregard the conviction of nv iudg-
ment and my conscience.
The consequences which may follow either
from conviction or acquittal not for me,
with my convictions, to consider. The future
is in the hands of Him who made and governs
the universe, and the fear that He will not gov
ern it wisely and well would not excuse me
for violation of His law.
PRoscGIPTIoN-When Gen. Sicl1les was in
command of the second military district he at
one time represented to Congress that the civ
il administration would be in danger of failing
altogether on account Of the difficulty he ex-
nerienccd in finding nnrsnns to fill the diffa.r-