The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1868-06-05
OPINION OF
S { N AT0R BUCKALE W,
UPON THE IMPEACHMENT
OF a N d n Il w JOHNSON,
pREsIDEMT OF THE U. 8.
CONCLUDED.
THE CONSPIRACY ARTICLES.

u 'NhGNu anu iittlt lIDlll Ill SUD
h stance as follows:
5 Article ". That the President con.
= spired with Thomas and others un-
0 known with intent by intimidation and
' threats unlawfully to prevent Mr.. Stan
ton from holding his Office 40 Secretary
OF War, thus violating the Constitution
and the conspiracy act of July 81, 1861,
and thereby committing high crime
. in Office.
Article V. That he conspired with
Thomas and Others to prevent the exc
cution of the tenure -of-oflice act, and,
in pursuance of that conspiracy, un-
, lawfully attempted to prevent Mr. STAN
ton from holding his office of Secretary
Of War, thereby committing a high
misdemcanor in office.
Article VI. That he conspired with
Thomas to seize by force the public
property in the Department of War,
whereof Stanton had custody, contrary
to the conspiracy act of 1861, and with
intent to violate the tenure-of-ofiice act
whereby he did commit high crime
in office.
Article VII. That he conspired with
Thomas unlawfully to seize the public
property in the Department of War, in
Stanton's custody, with intent to vio-
late the tenure-ot-oflice act, whereby he
did commit a high misdemeanor in Of
flee.
The charges in the fourth and sixth
articles, OF conspiracy to use intimida.
ton, threats, and force to prevent Mr..
stanton from holding his office, and to
OBTAIN possession of the public proper
ty in the War Department, contrary to
the conspiracy act of 1861, are not sus.
tanned but disproved by the evidence
upon the trial; and it is, therefore, un-
necessary to subject them to particular
examination.
The charges in the fifth and seventh
articles, of conspiracy to violate and
to prevent the execution of the tenure
ot-oflice act, as wcllas those in the fourth
and sixth articles, are founded upon
the order for the removal of Mr.. Stan
ton and the letter of authority to Gen.
Thomas of 2lst Of February, 1868, and
nave no support whatever if those pa
pcrs were lawfully issued.
1t is difficult to sec how the simple
issuing Of an official executive order or
letter under claim of right, and it,
acceptance or peaceful action under il
/ by Il subordinate officer, can constitute
IA conspiracy in point of law. The con-
/ fcdcrating together-the mutual agree
mont orplot between the PARTIES which
il an essential element of conspiracy.
would in such case seem to be wanting.
Bu., certainly, if the order and letter
Of authority We're issued to accomplish
lawful purpose, there is an end of all
the conspiracy articles, and of all the
other articles down to and including
the eighth. The allegations about in
timidatiOn, threats, and force in the
fourth and sixth articles being un-
proved or disproved, all the first eight
articles rest upon the assertion that Mr..
Stantcn's case is within the tenure-of-
office act, and his tenure defined and
protected by it. Ifthat assertion be re-
tutrd, all those eight article. unsup-
ported, fall into ruin.
THE EMORY ARTICLE.
But few words are necessary upon the
ninth article, which rccites the conver-
-ation between the President and Gen.
Emory on The I'D February, 1865, in
which the President expressed the
opinion that the second section of the
Amy appropriation act Of March 2,'G7
which required that all orders and in
-tructions relating TO military opera
tions issued by the President or Sccre-
tary Of War should be issued through
the General of the Army, &c,, wu- UNI
constitutional. The article charges the
President with an intent to induce Gen
Emory to violate said act, and to re-
cciVe and obey his orders in contr0ycn.
tion thereof with the further intent
thereby to enable him the Prcsidcnt)
To prevent the execution of the tenure
oi'oilice act, and to prevent Mr.. stanton
fro III holding the Office Of Secretary of
War.
The testimony, instead of sustaining
these averments of intent, repels them,
and 1t explains in Il satisfactory man
ncr how the interview between the
President and General Emory was
| brought about, and how the cOuversa-
ton concerning the army appropriation
, act arose. 1t is not necessary to con-
slider the legal suflicloncy of this article
I in form or substance as an article Of
impeachment when it's material aver
mems are disprovcd.
THE BUTLER ARTICLE.
I The tenth article charges the utterance
Of certain public speeches by the Presi-
4 dent is high misdemeanor in office.
The first was delivered at the Execu-
tive Mansion, in Washington, on the
18th day of August, 1866 the second at
I Cleveland, on the 3d September; and
4 the third at St. Louis ON the sth of Sep
( lcmber OF the same year; and extracts
from them are set forth in the specifi-
/. cations of this article, They are charged
to have been indecent and unbecoming,
and made with the intent to bring the
Congress of the United States into con-
/ tempt and disgrace, and to excite the
( resentment of the people against ii and
against the laws by it duly enacted.
| The sufficient answer to this article IL
that it charges no oilense against the
laws of the United States, and that it
calls in question that privilege Of free
dom of speech which is the common
birthright ofthe American people. The
President in those speeches denounced
the Thirty Ninth Congress for its course
J ON the subject Of reconstruction, and
imputed to some of its members respon-
/ u Ilil