The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1868-05-08
The Patriot President Completely VIM
dicaSeG!

! menced his remarks. lie reIefreu prI-
marily to the fact that in this country
we have had five cases of impeach-
ment-four of judges and one of a Sen
ator. He laid it down as a first propo-
sition. that impeachment was never
! intended, except as a remedy for the
removal Of an obnoxious officer who
held his position for life. But this
case was now here and it must be met.
! He then referred to the argument OF
/ the managers, that this body was sit
! ting as a Senate and not as a Court,
and he proceeded to argue that it was
/ sitting as a Court. He then reviewed
some of the authorities upon this sub
iect. Referring to the trial of Senator
! Blount. he said the tribunal had held
! i'm solemn determination that 1t was
Court. The next case was the Pick
ering case, and in that case the last act
was whether the Court was Ofthe opinion
that Pickering should be removed, and
the question was not is the Senate OF
opinion that Judge Pickering shall be
removed. So in the Peck case, and in
every other, and in every instance the
! tribunal solemnly declared itself to be
| a Court. In what spirit, then, Sena-
/ tors, should you try this case? And
| upon this point he would refer to the
language of Judge Story. He then
read from that author relative to the
duties of Senators sitting as a Court of
/ Impeachment. This, said Mr.. Groes-
beck, is not my language, but the Ian
guage of a distinguished jurist, whose
ability is recognized by all. The oath
you took as a Senator was a political
aath. The oath that is now upon you
is a purely judicial oath. You are
| here, therefore, Senators, as Court,
and as a Court you must act. You are
to try this case upon the evidence
brought here, and not upon common
! fame, or common rumOr, as was said
by one of the managers. Your juris-
diction here is estopped, after you try
! the question whether the President has
been guilty of high crimes or misde-
meanOrs. In every count there must
be the unlawful purpose and intent,
and when that is wanting there can be
no crime. Suppose aPresident should
become deranged, and, while in that
condition, should break law after law.
You would have no jurisdiction to try
him for high crimes and misdemeanors.
But let us state another case. President
Lincoln by court martial arrested and
| imprisoned citizens Of the loyal States,
and the Supreme Court has since de-
cided his acts had no warrant in the
! Constitution but will it be claimed
! that if President Lincoln were living
| he could be tried for violation of law
| when his intentions and motives were
! honest? If the evil intent and motive
are absent there can be no crime. With
! these preliminary observations, he
would proceed to note the articles of
Impeachment as presented. The first
eight articles charge but two acts based
upon the removal of Mr.. Stanton. If
the President had the right to remove
Stanton and to give a letter of authOri-
ty to Thomas, then these eight arti-
cles fail to the ground and are of no a.
vail. We therefore have but two in
! quiries to make. 1St. Had the PreSi-
dent the right to remove Stanton? ? and
! had he the right to issue the letter of
authority to Thomas? and upon these
two questions he proposed to speak.
! With regard to the first question, he
would view it in the light of the Ten
ure Of Office act itself. 1t was claimed
on one hand that this law did not ap-
ply to Mr.. Stanton, and if this is So,
then the President had a right to make
the removal. The act was passed on
March 3, 1867. Stanton's commission
was dated on January 10Th, 1862, and
this commission was given TO him by
Mr.. Lincoln to hold office during the
pleasure of the President for the time
being. Mr.. johnson became President
in 1860, and he has not commissioned
Mr.. Stanton at all, and Stanton there
fore does not come under the terms of
this act. Stanton was not appointed
at,all during the cnrrent Presidential
term. The commission says he is APP
pointed for the current term, and Mr..
johnson never appointed Mr.. STAN
ton, and this should settle the quest ton
of Mr.. Johnson's right to make the re-
moval. A dead man has no estate and
can have no office, and it cannot there
fore be said that he holds the office in
Mr.. Lincoln's term. He contended
that it was not in the power of Con-
gress to extend the term of an office
which was to be held at pleasure.
Again, it would be noticed that the
Tenure of Office act contained 10 re-
pealing clause, and we are therefore al
liberty to look back to the provisions
of the law creating the office of Secre.
tary Of War, and under that law Mr.
Stanton could only hold his office dur.
ing the pleasure of the President ap'
pointing him.
At this point Mr.. FEssENDEN arose
and said it was evident that Mr.. GrOes
beck was labOring in speech, and thai
he had a severe cold, and he would
y suggest that one of the managers &C
on, if Mr.. Groesbeck desired it.