The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-05-23
IMPEACHMENT.
Argument Of Senator Harlan In
secret, Session I'm Favor OF I
the Conviction of Andrew
Johnson.
An Able Review of the Case.
CONTINUED. |

COSTiStEp
The implied right of the President to make
removals at discretion is sometimes CLAIMED
uadrr the third section OF article OF the
constitution. which provides that the Presi-
dstt.ghalf take care that the laws be k&th,
fully executed" 1t is insisted that the Pres
ident must exercise the power of REMOVING
anfaithfnl, Incompetent, and eoffupt officers
in order to secure ''the faithful execution of
the laws Bnt if this is a correct copstruc
ton, If being charged with seeing that the
laws are faithfully executed, necessarily vests
10 him ltheright TO remove unfaithful officers
az bis own discretion. he may remove judi
cisl as well as executive officers; the judges
of the Supreme Court as well az the heads of
executive departments. If not, why MOI? III
may be said that the constitution provides
that sstee Judges, both of the supreme and
inferior courts shall hold their offices during
good behavior" But ho shall judge OF
Their" hehavios, whether it be good or bad
II in the Presidents opinion the judges DO
behave badly; ii IN his opinion, on account Of
their malfeasance or misfeasanee in office, he
could not faithfully execute the laws, shY
may not be remove them? q nfay be sail
that the constitution does not in terms confer
on the Pres dent the right to remove them
even tor Cause however .Hsgrant. and does
confer the power on the Senate By lmpeach
ment. ! answer that it does not confer or,
the President in express terms the right TO
remove other officers. even for cause. and
that it Goes confer hi right on the Senate
10 remove the latte al well as judges.
In Ibis respect the Judges ara not eS-.
ceptcnal. Il may be said, however,
that, al,hou ii the constitution Dies vest
the power to remove all other
civil officer, for i'm aeachahe ntiei ces In-
the Senate, it does not frovi lie that thay
shall hot De removed IN so ne other mode o.
by some other officer or department OF the
Government. ] answer. nor does the consti-
tuition provide that judges shall not be re-
moved in any other mode, or by any other
officer or department Of the Government. Il.
amply says that the judges shall hold their
offices dating good behavior. When they be
have badly they may be removed. They may
he removed for Improbable offences, like ell
other civil officers. bY the Senate. And if
clothing the Senate with power to remove
other civil officers does not. by implication
dppsirs The President Of the authority to re-
move them when. in bis opinion, the faithful
execution o.. The laws may req ire 1t, by what
process Of reasoning can it be- claimed that
the judges can be removed BY the Senate
onfyg The constitutions does not ssy so. |,
does nor prohibit the removal OF the luigesI
by the President. And II he find thet a.
judge is corrupt wiifuiiy nisinterrrets the
iawseor-reiuses TO adiadicsse canse, and III
congress should not ba in session, ar, being
in session. should refuse or neglect to re.
move him hy impeachment. why may not the
President do it :: Il II is conceded that he
may remove Secretary Of War at discretion
either during the session Of the Senate or in
the recess, under Tint rlause Of the consntn.
ton which makes il his duty ITO see that the
i laws sre faithfully executed" why rnsy he
not, under the same clause, remoye 6 Judge
for what be may consider gross misconduct
There can be bgt one answer. The prac-
tee of the eovernrn ut has SANCTIONED the
removal of other civil officers by the presi.
dent at win during The recess of the Senate. I
and BY and With the advice and consent oil
the Senate during its session; and no Presi.
dent has yet ventnred on the exercise of thesl
authority to remove judges Of the courts of |
the United States. The distinction has nc /
sanction in reason, or in the we'll settladi
rules of legal construction.
But If the President is clothed By the con-
stitutian g with power Of any and all times
tdnting the session as well as in the recess |
of removing from office all executive officers
for cause to be judged of by the President |
xlnne,n and if. as he claims in his answ er. |
(" the congress could not deprive him there
Off may he not also remove at discretion
officers of the army and nayyg And il not,
why not
The Constitution does not fix their nnare
Of Office. 1t makes no distinction between
them and civil officers toher than judges. in
this respect. They are all appointed under
that clause Of the constitution, heretofore
reeited, which provides that the Presiatnt
.'shah nom mate. and by and with the advice
and consent of the Senate alb all appoint 81
ell officers of the United States and the
fthar frOyiejopa nhtoh ttl,st
shall have power to raise and surpor.
armies, and to provide and maia,sin
navy. 1t does not provide ths,
the officers shah hold far lie or .aa,,a !
behavior. So far as the constitutions nro- /
vid g, il the President is vested with autbori
~ to srefuoFe Mr.. Stanton, the Secretary 81 !
War, he may also remore any officer tf the |
army or navy and, il congress caDaos by Ia
regulate the tenure OF otfiee. of the former !
congress cannot regulate the tenure Of he
latter. 1t is true congress has from time 10 !
time by law reguiated the tenure Of military /
officers and provided the mode of their re-. I
movai. During nearly tie whole Period iii
the existence of the Government, they have |
been removable for cause alone, in purs,-l
anee OF the finding Of q conrt-martial, sub I
)ect. however 10 the approval Of the presj 7
aent. Doring the late war congress author
lzcd the President to drop anv military oi,;c.rI
from ths rolls At discretion at the close Al
Inc war this act was repealed. Bar Il /.
should De conceded That Consress caneo, Nv
iaE regulate the tenure of cfvif officers ea5
'hs h,s'hee % their removal, it must be cons
ee"sa 80 s"as Sohersss cannot, under the
constitution, regnate the tenure of oasaa.s
of the army and navy. II The act rsgn.,,,.'.
The tenure oil certain civil o1icers. i MIA
reason of conflict With the constitution y
all the acts regulating the tenure ne .arh