The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-02-29
The Points OH Mr.. Johnson's Side.

1>OIntS OH NlF. COMMONS Stue.
In the House of Representatives
on Monday, Judge Woodward, OF
Pennsylvania. argued that the reso-
luton of impeachment was Il mistake,
and that any impeachment of the
President on the idea that Secretary
Stanton was within the protection of
the tenure of office bill, was what
Fouche, the chief of the old French
police. would have called worse than
II crime-n blunder. Whatever ex-
ecutive power the Federal Govern
ment possessed was vested in the
President, who was mado the sole
trustee of the people in that regard.
In the matter of appointments to
office and the treaty making function.
q check was imposed upon the Pre-
sident; but even III those instances
the power exercised was the Presi-
dents. The concurrence of the
Senate was only a regulation for the
exercise Of the power. It was mere
advisory discretion, not an executive
power.
The Senate possessed not an iota
of executive power. The separate
ness and completeness of this execu-
tive power in the hands of the Pre-
sident was q doctrine essential to the
harmony of the system of govern
metit, and to the responsibility of
the President to the people. If Con
gress meddled with it, Congress be-
came trespasser, and it's act an
impertinent nullity, and the Presi-
dent was not to be impeached for
disregarding it. He quoted extracts
from the debate, in the First Con
gress, upon the executive depart
ments, and argued, that that debate
settled this question absolutely, and
demonstrated the utter unconstitu-
tionality of the Act of March 9, 1867.
He also argued that by the very
terms of the Act itself, Mr.. Stanton
did not come within its scope, and
quoted Senator Sherman and Messrs.
Spalding and Bingham as taking the
same view of the law when it was
under consideration.
Mr.. Johnson was man of the
Republican party's own choosing,
and he verify believed that the Pre-
sident was trying to restore the
Union, to paeificate the country, and
to administer his high Office with
faithful regard to the obligations Of
the Constitution and the best inte-
rests of the people. He seemed to
him to be a true friend to the whole
of his country, a faithful public
officer, and entitled to Cabinet ad-
visers who were his friends. and not
his enemies. Congress had far bet
ter sustain such man in his consti-
tntional rights, and address itself to
the relief of the suffering country,
than to waste its time and the pub
lies money in impeaching faithful
public servant on charges that are
both false and foolish At the risk
of denunciation, he (Mr. Woodward)
denied the right of the House to i'm
peach anybody, and the right of the
Senate to try any impeachment. The
House was not composed, as the
Constitution required, OF members
"chosen by the people of the several
States" nor was the Senate composed
of "two Senators from each State"
In conclusion. he said: Mr.. Speak
er, SO sure am / that the American
people will respect this objection,
that if were the Presidents coun-
sellor L would advise him, if you
prefer articles of impeachment, to
demur both to your Jurisdiction and
that of the Senate, and to issue a
proclamation giving you and all the
world notice, that whilst he held hirh-
self impeachable for misdemeanors
in Office before the constitutional
tribunal, he never would subject the
Office he holds in trust for the people
to the irregular, unconstitutional,
fragmentary bodies who propose to
strip him of it. Such q proclamation,
with the army and navy in hand to
sustain it, would meet q popular re-