Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-05-14
An Abstract OF the Views of Hon.
Geo. =. Edmunds ON Impeach-
mcnt, submitted TO the Senate on
Monday. May rs. 1865.

Mr.. Edmunds, after declaring that he
was not influenced by the partisan aspect
Of the case, explained his views regard
ing the judicial power of the Senate, and
proceeded to argue at length for convic-
ton on the charges of violating the Civil
Tenure acts " argued that the charges
were sustained by the proofs, and insisted
that the only question then involved was
whether the acts committed were crimes
and misdemeanors. After quoting the
constitutional provision regarding the APP
pointing and confirming power, he pro-
cceded TO explain that the only powers
granted TO the President by the constitu-
ton were those of commander-in-chief to
grant reprieves and pardons /; on the other
hand his duties were distinctly defined,
among them being the responsibility of
faithfully executing the laws. The linz
tied powers which the trainers of the con-
>titution thought fit to grant to the per-
son slr4 was "a take the place of kings
and crnperors in systems of government
hostile to liberty, could be easily named,
tnl ought To be zealously defended, The
duties relating TO the execution OF the
law, conld not easily be foreseen in detail,
and from them could scarcely arise any
danger to the republic, for the President
was not to execute the laws himself, but
10 take care that they be faithfully exc
cuted This could only be done by just
such and only the methods and agencies
provided by the laws themselves. He
,onld not rightfully violate the laws in
0. der to enforce them.
4 .fter clearly stating these principles,
he = roceaded to argue that the President
could only use the power of the appoint
ment in the manner described by the leg
i,latiy department; he cannot accomplish
legal purpose by Illegal means, or break
the law himself to prevent them being
violated by others. To sustain this posi-
ton he q uoted the language of the Con
stitution hat Congress shall have power
to make al laws which shall be necessary
and proper for carrying into execution
the iorcgoin &, i. c. the Legislative po'ger'
and all other powers vested by the Con
stitution in the government OF the United
States or any department thereof. In view
Of these provi hons he insisted that thu
power over the tenure OF civil offices wa
vested in Congl ess. and that the framer
of the Constitute ion intended to leave tn,
selection of offic, -holders to the President
acting with the adyice and consent of tn,
Senate, and leave to the whole govern
ment-that is, to the making power
| full discretion as TO the establishment o
offices. and as to- the time upon which
and the tenure by which, they shoul,
be held by the persons so select ed
Having thus al .gucd the application, Q
the Civil Tenure act to Secretary Stan
tons case, he proceeded to explain that
had been violated by the President in hi
removal of that officer, he previousl.
quoted a number of Supreme Court dccis
ions sustaining his views regarding tn
legislative power. and then presented
lengthy statement Of other authorities, in
Guiding the members of the early Cor
crosses, he then discussed the.acts of 179s
1895 and 1862. relating to ad interim. al
, pointments, and argued that Secretar
Stanton was Secretary of War, notwitf
standing the expiration of the term of o
fee for which he had been confirmed
and consequently the Civil Tenure az
held in his case. He dismissed the fourt
aaticle with the statement that it WI
not proven, and announced the same opii
ion regarding the conspiracy articles. 4
also dismissed the ninth article in Il
:. same manner. Regarding the tenth al
eleventh articles, he expressed the opiaic
!. that they did not come within the co
y stitutional meaning Of high crimes a,
misdemeanors.
le WINTER OF 1s38-8.-A writer in t
~ portland presa saws from persoual obs q,