Nebraska advertiser., 1868-05-21
The Impeachment Articles.

The Impeachment Articles.
As the balance of the Impeachment
articles are soOn to be voted upon, il
may be interesting to our readers to state
the nature Of them briefly.
The managers first reported ten ar
~ticles, of which the fifth and seventh
we're almost identical, varying only in a
single detail. The seventh was dropped,
and to the nine remaining there was ad
ded a new tenth article, on motion of
General Butler, and afterwards The ele-
venlh article prepared by Mr.. Stevens.
The first article of the series as it now
stands, charges the removal of Mr..
Stanton in violation Of the t~entre-of Office
act and the constitution.
The second charges the appointment
of General Thomas, there being no va.
canCy in the Office, as a violation Of the
tenuFe-Of office ACT and of the constitution.
The third charges the same appoint.
ment, without consent Of the Senate then
in session, as a violation of the cOnsLitu.
lion.
The fourth charges conspiracy to pre-
vent Mr.. Stanton from holding his Office,
in violation of the aCl of July 81. 1861.
The fifth charges conspiracy in the
same acts 10 prevent the execution Of the
lenure-of Office act.
The sixth charges conspiracy to seize.
and possess The property of the United
States 10 The War Department, is viola
ton of the laws of 1861 and 1867.
The seventh charges the same COnspi-
racy as a violation of the act of 1867
only-tenUre-o of Office.
The eight charges the appointment of
Thomas, IN violation of the law of 1867,
for the purpose Of unlawfully controlling
the disbursements of money for the mill
tary service.
The ninth charges the attempt to In
duce Gen. Emory 10 treat the a~pprOprio-
ton act of March 2, 1867, as unconsiitu
tional, with intent to defeat the
enforcement of the tenure.of- office act.
The tenth charges the language used
by the President in his speeches as in
tended to excite the odium and resent
menl CT The people agasnst Congress AMI
the laws by it duly and conslitutionally
enacted.
And the eleventh charges the deter.
mination aud endeaVor, after ~suspending
Mr.. Stanton, under the tenure Of office
act, to prevent him from resuming his
office as that act requires, when such
suspension was not approved by the
Senate.
It will be observed that the first article
which is often enormously called the
basis of the whole case, is in fact the
weakest. Any Senator who doubts the
constitulionalIy of the q of-ofice
act cannot vote for it; and finally, any
Senator who believes that the said re.
moval was not also contrary to the con-
stitulion itself cannot vote for the article.
The majority of the Senators, and near
ly all the Republicans, will vote for it.
but there will not be two. thirds. Il
proves to be much weaker than several
others.
The second rests upon the illegally
of an appointment al interim, there being
no Uacancy, and therefore depends upon
the theory that a President cannot re.
move, the Senate being in session, with
its consent. The third, on the other
hand, rests upon the aDcOnstiIutionality
of such an appointment without consent
of the Senate. These articles are stron-
ger than the first, but it is not yet clear
whether either will have the number
required TO convict.
The conspiracy articles do not seem to
be as strong as the second and third for
technical doubts are raised IS to whether
the acts of the President and Thomas
a conspiracy within the intent
of the act of 1861, and those entertain.
that doubt cannot vote for the fourth
and sixth, while the seventh and eighth
rest upon the theory that Secretary San.
ton is covered by the tenure OF. office act
and some Senators have doubts on that
point also. As to the ninth, the evidence
Of General Emory did not seeem 10 some
10 fully sustain its allegation of the
Presidents intent TO induce the General
10 violate law.
N ASAAh AAbiClO Gdo DGEu REG0IlV |
weakened 10 public estimation. although
very unjustly, by the shameful scenes
which have recently been premited in
n Congress. Very ubjustly. for the
lrticle does not allege as The improbable
the use of indecorus language. buI
be use of language, calculated TO
essen the authority of the Legislative
'ranch of government and to excite re-
istancs to The laws. The only possible
is that the language used does
lot constitute by itself an impeacbable
tfence-an objection which is based
pom a narrower view of the nature of
impeachment than we have entertained.
nevertheless, the objection operates With
ONE Senators.
The last and eleventh article charges
deliberate design and attempt to defest
be enforcement of a law. The fact is
roved by the Presidents own letter 10 !
-onaRal Grana A. -. L. ---