Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-03-12
RenlornI OF Stanton.

quarrel between 1reSluenl JOhhSOh
and his former political associates,
the latter, through their fanatical Re
presentatives in Congress, have been
unremitting in their efforts to force
him into q position of hostility to the
Constitution and the laws, and thus
furnish a pretext to rid themselves of
almost the only remaining obstacle
in the way of revolution and despot-
ism. A system of espionage was
established over the daily walk and
conversation ard habits of the Chief
Executive, that would have done hon
or TO the days of the Empire Of the
first Napoleon. A Cabinet officer gave
his aid to the dirty work, and proved
himself an accomplished Fouche. Gen
erals high on the lists of the army,
civil officers of the Government, White
House menials and private individuals
were unceremoniously summoned be-
fore the Congressional Committee of
Investigation to "testify Of the things
whereof they knew" and the country
was regaled with choice tit-bits from
every conceivable subject-literary,
civil aud military-including the
private and confidential intercourse
of friends. But all in vain Not
withstanding the powerful agencies
at work, nothing could be found
substantial enough for base on
which to rest the articles Of impeach-
ment, nothing that could be digni-
fed with the title of "high crimes
and misdemeanors.' These attempts
at impeachment were renewed at
each session of Congress, and the
good people of the country were be-
ginning to hope that these spasmodic
efforts of impoachers were but the
prelude to general paralysis of or
ganized Radicalism. Suddenly new
life is infused into their efforts, and
at last theyare successful. The Pres
idcnt of the United States has been
impeached. The charge against him
is a violation of an act of Congress,
passed in March, 1867, and known as
the Tenure-ofOfiice bill In ordinary
times such charge as this would be
received with the levity which its
littlencss demands, but we have had
too much experience with the devilish
spirit of Radicalism not TO know that
it is always terribly in earnest 1t
wants no cause for its procedure, all
1t asks is pretext. A candid exam
ipation of the law and the precedents
will demonstrate both the wisdom
and the legality of the Presidents
course in his issue with the Secretary
Of War. In the removal of NJ. Stan
ton he made use of a Constitutional
prerogative which has been exercised
by all the Presidents since the days
Of Washington, and which has not
been called in question for eighty
years. When Andrew johnson en-
tered upon the duties Of his Office, he
took solemn oath to "prcserve, pro-
tect and defend the Constitution OF
the United States" This is his high
est and most sacred duty. lie must
guard it from legislative encroach-
ments, as well rs the assaults Of armed
force; for it is proposition too plain
to be contested that the Constitution
controls any act rcpugnant 10 it. II
the Tcnure-of,Ofice bill is in violation
OF the Constitution, the President is
bound by his oath of Office to disrc-
gard it. The enactment of such a
law is Congressional usurpation, and
an Executive would be unfaithful to
his trust and unjust to his SUCCESSORS
in oflic to remain passive when his
prerogatives and rights are being
usurped by a coordinate branch Of
the government The question Of
oonstitutionality is for the Court to
detcrminej but how, we ask, can that
question bc brought before the Court,
except by an infraction of the law
The President had no other alterna-
tive. He must either submit 70 what
he believes to be unconstitutional le-
gislation, or test it by disregarding it.
But on examination, we will find that
this question Of removal from Office
has been discussed and adiudicated
before. The words Of tho Constitu.
tion are, that the President "shall
nominate, and by and with tle con-
sent of the Senate, shall appoint" &c.
According to tie ruling of Chief
Justice Marshall, Gn ] Cranoh, 1870
there are two powers involved in the
foregoing clause
Il. THE SorfSArioS. This is the act Of the
President, and is completely voluntary.
aHn -
effss PresdsHi. ona is aisn n roiniary acf though
. cAn only be performed BY and with the sdyic,
sua souscnt OF the Senate"
Here tho doctrine is held that The