The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-04

KEOxUK. IOWA:
SATURDAY MORNING APRIL 4
GENERAL BUTkERB SPEECH.
[Confansd.1
TIE rNPBACHHH1T ARTICLES.
The frst eight articles ~ ont in several
forms the acts u the rsspondent in removing
Mr.. Stanton from omce, and appointing Mr..
Thomas, I'D iRtrim, differing IN legal enecs
in the purposes for wlioh and the intent win
which either or both Of the scts were aone;
and The legal duties and rights infrinEeds eao
the acts Of Congress violated in so dong
All the articles alEeFe these acls g pc 81: n
confirmation Of his oath OF Ones anu ~ o's
regard Of the duties thereof. go.
might have the pofcey 10 do them under the
Law. stilI. being SO done, they are aets of Of
fetal misconduct, and, - We have eeen, i'm
The President has the legal power 10 do
many acts which, if done in disregard ct his
duty, OF for Improper purposes, then the
exercise Of that power is an official misde-
meanor.
Er. gratia he has the power of pardon; ;
if exercised in given case for corrupt mo
tive, - for the payment of money; % wan
tonly paraonmg I'll criniuals. u would BE-
misdeuneaaor Examples might % mnsi-
piled indefinitely. 8
Article lei, stripped Of legal verbiase, al
leees that having suspended Mr.. Stanton
and reported the same to the Senate, which
refused to concur in the suspension, and STAN
ton having righifully resumed tho dutiea Of
hin Office, the respondent, with knowlsdge al
the facts, issued "a order, which Is rseited,
for Stanton's removal, with intent TO violAe
the act OF March 2, 1867, to regulate the
tenure Of certain civil offices, and with the
further intent to remove Stantnn from the
Office OF Secretary of War, then in the lawful
discharge Of it's duties, in contravention OF
said act, without the advice and consent Of
the Senate. and against the Constitution Ct
the United States.
Article 2 charges that the President, with
out authority Of Law, on the 2lst Of February,
1868, issued q letter Of authority to Lorenzo
Thomas to act - Secretary of War ad inter>
i'm, the Senate being IN session, in violation
of the tenure of Office act. and with intent to
violate il and the Constitution, there being
no vacancy in the Office Of Secretary Of War.
Article alleges tbs same act - done with.
out authority Of law, and alleges an intent to
violate the Constitution.
Article charges that the President com
spired with Lorenzo Thomas and divers other
persons, with intent, BY naturalization aud
threats. 10 prevent Mr.. Stanton from holding
the Office Of Secretary Of War, in violation
of the Constitution and of the act Of July 81,
1861.
Article S charges the same conspiracy With
Thomas to prevent Mr.. Stanton from holding
his Office, and thereby to prevent the execu-
ton of the civil tenure act.
Article 6 charges that the President con-
spired with Thomas to seize and possess the
property under coutrol of the War Departs
ment BY force, in contravention of the act OF
July 81, 1861, and with intent to disregard
the civil tenure-of-ofice act.
Article charges the same conspiracy, With
intent only to violate the civil tenure OF office
act.
Articles Sd, 4th, 9th, 9Th and 7th, may be
considered together as to the proof to support
them.
IMPEACHMENT EVIDENCE.
II will be shown that. having removed
Stanton and appointed Tho mss. the President
sent Thomas to the War Office to obtain pos
session; that having been met by Stanton
with denial Of his rights, Thomas retired,
and after consultation with the President,
Thomas asserted his purpose to take posses
sion of the War Office by force, making his
boast in several public places of his intention.
80 to do, but was prevented by being promp-
~ arrested by process from the court.
This will be shown by the evidence of Hon
Mr.. Van Horn, q member of the House, who
was present when the demand for possession
of the War Office was made by Gen. Thomas
already made public.
By the testimony of the Hon. Mr.. Bur
leigh who, after that, in the evening Of thu
2lst of February, was told BY Thomas thai
he intended TO take possession of the Wal
Office BY force, the following morning, and
invited him up TO see the performance. Mr.
Burleigh attended, but the act did not come
of, for Thomas had been arrested and held Il
bail.
BY Thomas Boosting at Eillards' Hotel, on
the same evening, that he should call on Gen
eral Grant for military force to put him in
possession of the Office, and he did not see
how Grant could refuse it.
Article charges that the appointment Of
Thomas was made for the purpose Of getting
control of the disbursement Of the moneys
appropriated for the military service and De-
pertinent Of War.
In addition to the proof already adduced, i,
will be shown that, after the appointment oil
Thomas, which must have been known to the
members Of his Cabinet, the President caused
formal notice to be served on the Secretary
Of the Treasury, to the end that the Secreta
~ might answer the acquisitions for money Of
Thomas, and this was only prevented by the
frmnesa with which Stanton retained posses.
sion Of the books and papers of the Wal
Office.
THE ANSWER.
Il viii be seen that evary fact charged ID
Article is admitted BY the answer Of the
respondent, the intent il also admitted Al
charged; that 10 to ray, to set aside the civil
Tenure Of Office act, and to remove Mr.. Stan-
ton from the office ofthe Secretary for the De-
partment Of War without the advice and cor.
sent Of the Senate. and, if not justified, con
trary to the provisions of the Constitution
itself
The only question remaining is, does the
respondent justify himself BY the Constitution
and LAYS?
On this he AYERS, that by the Constitution,
there is conferred on the President, q {
part of the executive power, the power at any
and all lines Of removing from Office all ex-
ecutive officers for cause. to be judged Of By
the President alone, and that he verify be.
lieves that the executive power of Yenoval
from Office, con6ded to him BY the Constitu.
ton, AZ aforesaid. includes the power Of sus-
pension from Office indefinitely
Now these Offices 30 vacated must be filled
temporarily At least, by bis appointment, be.
cause government must 20 on there can BE-
no interregnum IN the execution of tho law,
in an organized government He claims,
therefore, OF necessity, the right to fill theil
places with appointments Of his choice, and
that this power cannot be restrained or linn.
tied in any degree by any law Of Congress,
because he ayers, " that the power was con-
ferred. and the duty of exercising it in 81
cases was imposed on the President by the
Constitution Of the United States, and that
the President could not be deprived Of thl
power, or relieved Of this duty, nor could the
same be vested BY law in the President and
Senate jointly, either in part or WHOLE
TIE QUESTION IN A NUTSHELL.
This, then, is the plain and-inevitabie issue
before the Senate and the American people !:
Has the President, under the Constitution.
the more than kingly prerogative at will to
remove from othce and suspend from ofice
indefinitely, all executive officers Of the I'M
tod States, either civil. military. !, !. ~ :,
any and oil times, and ell the yacanc,e. -;.h i,
creatures OF his own appointment. ~ n.
own purposes, without any restraint vh.,.-'
or. or possibility of restraint BY the Sers,.
or BY Congress through laws duly enacted
The House Of Representative, il bsb.,,
OF the people, join this Issue By af;rm;ns
that the exercise Of such powers Il : Mr.
misdemeanor in Office.
the affirmation is maintained In the -,
sPondens, then, 20 far Is the first eiskt At,
-