Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-05-16
Remarks of ssr. Fessenden in secret
SeSsfDu.


Session.
WASHINGTON, May 15.-The following
is a brief abstract Of Mr.. Fessenden's
speech in secret session Of the Senate:
Mr.. Fessenden reviewed the whole case,
article by article. He opposed the CON
struCtion put by the managers upon the FIRST
article, which charges the President with
attempting to evade the tenure of Office act,
as leading 10 life tenure Of Office, arguing
that the power Of removal belonged to the
Executive, and contendng that having
been appointed by President Lincoln. Mr..
stanton did not come within the scope OF
the law in question, and that the President
had the clear right TO remove him, and
consequently cannot be held guilty under
the lrst article. Then, however, ii | we're
not satisfied with the construction given
here OF the act Of March 2, 1867, I should
still hesitate TO convict the President Of
the United States Of high mistlemeanors
for what was done by him on the Dist of
February last. The least that could be
said OF the application of the first section
of that act 20 the case Of MIR. Stanton, is
that its application is doubtful. If, in fact,
Mr.. Stanton comes within il, the net done
by the President does not remove him, aud
he is still Secretary of War. II was at
most an attempt on the part of the Presi-
dent, which we believe he had the right to
make. / believe the evidence to show a
design on the part of the President to effect
his purpose by force or violence, utterly
false. 1t was bat the simple issuance Of a
written order, which failed of its intended
effect To depose the constitutional Chief
Magistrate of the government Of the
nation, elected by the people, on
grounds 30 slight, would in my
judgment be an abuse of power con-
ferred upon the Senate, which could not
be justified to the country or the world. To
construe such an act NJ a high crime or
misdemeanor would, when the passions Of
the hOur had time to cool, be looked upon
with wonder if not derision. Worse than
this, 1t would inilict wounds upon the very
structure OF the government which time
would fail TO cure, and which might virtu-
ally destroy it. Mr.. Fessenden next ar
gued against the second article, showing
that the vacancy having been legally made,
the President had a legal right to make
temporary appointment, even without the
consent of the Senate. If the case Of
MIR. Stanton does not come within the
first section IF the civil tenure act,
legal vacancy existed, and so the material
part Of the accusation in the second article
is gone. The frat and second articles fail
ing, the third, fourth, fifth, sixth. seventh
and eighth must fail with them. Article
ninth is, in my judgment, disproved by the
evidence. H.-- ..
In regard to the speeches Of the Presi-
dent, Mr.. Fessenden held that the President
was not to be convicted for an assertion
Of even constitutional doctrine if he had
not made an attempt to give practical effect
to that doctrine by action on it. lie then
proceeded TO discuss some points made in
the arguments, saying there was great di-
versity of opinion relative to what consti-
tutes high crimes and misdemeanors, and
the power Of impeachment a. conferred by
the Constitution, and in very general
terms the consideration Of cases of
impeachment is vaguely provided for
by law. He thinks that the case of
impeaching the elective Chief Magistrate
Of great nation for political causes are
unnecessary, harsh measures and hardly
worthy resorting to except upon clear and
unquestionable grounds. There is more
at stake than the fate Of the individual.
That which tends to weaken the respect of
the people for the Office of Chief Magis-
trate, and break down the barriers sur
rounding that office, to make IL mere sport
of temporary msjOrities, tends to great
injustice of our whole government and TO
wound its constituionality. He does not
consider the charges against the President
sufficient to justify his removal especially
the office is 10 be transferred to the hands
of those removing him. He contended
that the otlenses iustiiying his removal
from office should he Of such a character as
to commend themselves to the people The
removal should be free from faint, and
should leave no reasonable grounds for sus-
piciOn az to their motives. Those inhict-
ing the penalty for anything less than this,
where the Otiense Is not defined by any
law, would not, in my judgment, be salts
fed by considerable public opinion, and
It's tendency would be 10 choke the faith
of the friends Of constitutional liberty in
the permanency Of our free institutions. In
reply to the suggestion that popular opinion
demand the conviction of the President.
He said people have not heard Me evidence
as we have heard il. The responsibility il
not upon them, but upon MS. They have
not taken an oath to do impartial Justice.
! have taken that oath | can't render
judgment upon their convictions, nor can
they transfer to themselves my punishment.
II violated my oath, should consider
myself undeserying the confidence of my
people and unworthy Of a place among
honorable men, The consequences are not
for me to consider, for the future is in the
hands Of Him who made and governs the
universe, and the fear that lie will not
govern wisely and well, would not exclse
me for a violation Of law.