Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-03-11
The c;yil.tenure act was DESIGNED 70

gress, and during the first forty years of
the Government but seventy-fve re.
movals in all were made by the six
Presidents of that period. Forty-two
of those were made by Thomas Jeffer-
son. 1t was not until the accession of
Jackson to the Presidency that the
doctrine Of official spoils became a fix
ture in our political system. In 1865
there were ten hundred and sixty-ive
removals in the Post Office Department
alone, and an equal proportion in other
Departments of the Government. To
restrict this growing evil-this fruitful
source of corruption-and to insure a
more honest and faithful administra-
ton of the Government, this law was
passed. The same principle has. been
frequently affirmed in the acts of Con-
gress. For an example of early legisla-
ton l refer to the act of May Is, 1920,
which provided for vacating the com
missions of eleven classes OF officers and
regulating their tenure Of Office there
after. But this is not the time TO de-
fend the ciYil-tenure act. Whether it
be constitutional or not the criminality
OF the President in violating it is un-
doubted. His conduct during the last
two years fully exhibits the aHizus with
which he has performed these last two
acts of usurpation. Notwithstanding
this it is better that the committee who
have presented these articles of i'm
peachment have not gone into the old
issues embraced In the former report of
the COMMITTEES on the Judiciary. But
the facts reported by the Committee on
the Judiciary are valuable as showing
the animus, explaining the intent of the
Presidents recent conduct. Ifhe had
done these things as matter Of mad
vertency we might assume that there
was no criminal intent. But the whole
career of Mr.. johnson fos the last two
years has been q clear exposition of his
intent. which has q. last eliminated in
q ualpsble violation of the Constitution
as well As the tenure-of-othce act. The
whole course of his conduct with Gen.
eral Grant, in attempting to make that
officer the tool with which to violate
the Constitution and laws of the coun-
try his attempt to erect new militia
ry district and to place General Sher:
man at the head of it, nominating him
to a breYet grade unknown to the laws,
with the purpose to make him also a
party to his usurpstion; and his sue
cess in making Lorenzo Thomas q will
ling tool are indubitable proofs of his
purpose to trample under foot the
authority of the Constitution and make
himself the judge as well as the execu-
tor of law. His attempt, also, to induce
General Emory to disregard the law
shows a manifest purpose to use the
troops stationed in this city to execute
his lawless designs.
These facts, all occurring within the
space of a few days, show clearly de-
termined and desperate purpose on the
part of Mr.. johnson to override both
the authority of Congress and of the
Constitution. These things, Mr.. Chair
man, leave US no choice in regard to
the course now to be taken. If we had
choice before we have none now
We are compelled to accept the gage
which the President has thrown down,
and remove him from his high Office by
virtue of the power of impeachment. or
become the mere recorders of his edicts.
Now, Mr.. Chairman, desire, before
I conclude, to call attention to t. J
criticisms which l think may properly
be made upon these articles of impeach-
ment. think it 2 mistake to say, as
is said in two or three of them, that
the President of the United States did
appoint" Lorenzo Thomas. l deny
that he did appoint" him. Appoint
ment pre-supPoses the consent of the
Senate, and is no crime. 1 trust that
the gentleman from Massachusetts,
Mr.. Boutwell,, representing the COM
mittee, will consent to strike out the
word ''appoint" in the second, third
and ninth articles, and insert instead
the words, "did issue letter of authori-
ty attempting and pretending TO sp-
point" In that way we shall clearly
describe what the President did, and
also characterize it SIS an attempt to do
an unlawful thing.
desire to make one other suggestion
to the committee, and that is with re-
gard to the tenth article. As to the
offense on which this article is founded,
it occurs to me that we could make a
much stronger statement of the case if
we should treat it as military offense.
l do not know that it can be said to be
an offense against the law for the Pres
ident of the United States in his civil
capacity to express his opinion to any
body that a law is unconstitutional.
But when we consider him the Com
mander in-chief and consider his call
ing a subordinate officer and attempt
ing to render him insubordinate, TO
stir him up to mutiny, it is quite diff
ferent thing. Suppose commander
of brigede calls a captain TO him and
advisec MIN that a certain order issued
to him and to them both is not consti-
tutional, thus endeavoring to rouse
mutinous spirit in the Army and de-
stroy its dicipline, ne has msnifestly
ccmmitted high crime as a military
officer; hut if this were said by civil
ian it might be no crime at all.
l therefore suggest that the last arti-
Gle be so modified as 10 make the mis- :
demeanor there described q purely
military one. The whole question of
impeachment is here reduced TO a mar
row compass-to so narrow a compass
that without a great array of witnesses,
without long expenditure oftime, the
whole question can be tried and decided
in few days, and the great obstacle
to reconstruction put out Of the way.
Mr.. Chairman it will be surprising
to me if the Democratic party shall
find it to their advantage to defend the
President in these pslpable violations
of law and the Constitution. If they
d1 undertake it they will become what
they have sought to make US appear,
the most fiagrant violations of the Con-
stitution. There never has been time
when that party was called upon by
their own doctrines so fully as now to
unite with US in rebuking this violation
of the Constitution.
/ desire only to say, in conclusion,
that the conduct of the President du-
ring the last ten days has manifested
that nothing but the law-ahiding spirit
of the Army and its su5ordination to
the Constitution and laws of the coun-
try has prevented him from violently
usurping and overturning the authority
of Congress and adding to his sympa-
thy with the crime of military usurper.
Here the hammer fell.i
EVIL AND WANT.-The connection be-
tween the kingdom of God and our
daily bread is closer than is generally
believed. l am far from asserting that
Z truly good man may not sometimes
rnt into nraat trnnhles rrithnnt anu