New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-02-25

M "a
For one am not willing to wait loi az crr,es
81 0iV - rant,ties Of future Preslaentai ''i"N
49,, ,,is1o,neanors We have ono DeIo'o us' ~ 49,. 80
a., its Quantities ascertained' ana d" - -
| -, - fro,o the executive blackboard uy an lul''"
WIZ % che criminal who placed 1t there It's presence
rce NJ regret 20 me, and II must DC u mol'in0"eV
- oonle Of this Republics but will face 1t as they
,, 80 n nv asserting the INSTRUMENTATION OF the
,,dent 70 the law Of the land. lie is not maker OF
the law nor Judge thereof and Ut is enough TOT MN "
know that the Constitution, which he Is sworn 10 pre-
protect and defend says that he shall take care
that the laws shall be faithfully executed what lawsi
Those which are passed in pursuance OF the
terms of that Constitution which he is sworn
10 preserve, protect, and defend; and how are
these laws to passed BY the two Houses OF congress
with tho approval OF the PRESIDENT OF ~ suGn c b,e
tons TO the House in which 1t originated ana tnas
shall enter the objections at large upon tneir journal
and proceed TO reconsider it, and after such reconsid
Grafton twOhirds OF that House slall akce 70 pass
other House by which il shall likewise be considered,
and II approved by twotrds ofthat House u shall be-
dent shall take care to see faithfully executed The Con-
sttuon does not make him judge Of the law put an
the aw-makng power TO be the law OF the land
Whatever may be HIS opinion Of the law, as mere lndl,
bound TO be ruled by that higher duty which the
Constitution imposes him as am ocer oil the stare
II his conscience forbid he may resign Tie trust om ne
has no rqht retain tie pOce Of public Office, ana SUD
ordinate that TO The judgment Of diUduG member
Of ne community nation which has clothed him win
executive power for the enforcement OF ITS laws AS
public officer, such plea can be properly shlereu II
his behalf for he Is not only sworn TO execute the Jaw"
but he also possesses the right Of resignation II DIS
conscience will not permit him to execute given law,
he nav resign his trust leave his successor the
performance Of duty which his judgment as an indi-
Vdual, will not surrender to his obhgatlsns as puuie
scrbed for violation OF law may TO some extent excuse
dsobedence on the part OF private cluzen, ana az Ie
| M me
| The latter may at any time, by RESIGNATION, De,
come q private citizen, but the power eahhot
become public officer in this country except by the sur
frages Of his feOw-citzens. Such an acceptance re-
mani fo the pIape of he public officer and binds him TO
observe the law, his Judgment TO the contrary notW
standing The Constitution invests the fIesueht WIN
Executive power order that he may take care that the
laws be faithfully executed Every abuse OF TINS poWer
whether be by an Improper use OF ~ or py neEeVt "
refusal to exercise it, is breach OF Official duty BuS
as a crime misdemeanor against the delinquent officer
Whaoyer doubt pay have arisen In other cases OF the
criminal character Of tho Official conduct involved ID
Them the one which considering presents no
basis on which TO rest doubt Deliberately, not 10 say de
family The President has violated penal statue Of ne
United States and has thereby committed a high miSde
eaor tchieh the lar says shall be punished by fine no.
exceeding te, thousand dollars BY Imprisonment not eT
eeeng fre years. by both said puishnes in the dis
erection of the Court Act Of March 2, 1867 Section g.
Of the circumstances attendant upon this case show
that the Presidents action deliberate and wilfu
| There is not shade Of excuse or pallaton In
| the case as 1t Is presented 10 us. Perversely
he has rushed upon his destruction Obstnaey he
has forced upon Us an issue IN which we must JOIN We
have not sought this issne but have resoIted 20 every
legitimate means TO avoid it. We have manifested no
undue desire 10 exercise the impeacng power when
vested in this House exclusively by the express terms or
the Constitution. Guided by sincere desire 70 pass THIS
Gun lips, determined not 10 drink II escape
were not cut off by the presence Of palpabe duty at
last find ourselves compelled TO take its very dres SUD
stanally the President airms that his Oath OF ONCE
ment He defantiy casts before the representatives OF
the people his gauntlet and declares that he VIII decide
what laws constitutional and that such only as stand
the test OF his judgment will he represent enforce or Obcy
This is bis He has elected TO have 1t on penal
statute. this and put IL TO the
country. Anything less than this would be shameful
no nv charge shall neither of these ofenses placed
Mr. Speaker 1t has been urged in this debate that the
Presidents sole object is TO secure Judgment OF the
courts as to the cOnsuonalitY OF the "act regulating
the tenure of certain officers" Such Intent will
not Justify the commission Of a high crime OF msde-
meanOr Suppose that the courts should hold the act 10
be constitutional would the fact that his intent TO
have that question decided be good plea 70 an indct
ment for violation Of its proysionsi Whe is so insane
as TO assert so prcposerOus aprOpo oni Whoever acs
in the way and for tho purpose suggested
/ does 1t at his peril The nsk belongs TO
lie committed high misdemeanOr TO secure Judgment
Of the Courts Sir we win crafty his desire by referring
his case the highest tribunal known TO the Constt
| tlon OF the Republc-the High Court Of impeachment
public welfare, the repoae OF the nation the inter
ests OF institutions, the safety OF inc KeluD9 len,
require that AZ @ ~ GF SSa n ssp ST
otpersons; hat the high and low rich and poor, the
public officer and the private citizen, are each and al
alike amenable imperial demands subordinate 10
its supreme authority. The majesty OF the law must be
asserted though IL strike from his position the Chet
Magistrate the nation. We deplOro the necessity but
ssn hTt as cnstodian Of frst whose sacred chafac
ter urges a strict Observance Of my duty VIII
vote for the pending resolution 20 the end that the law
servant rom an Official position which dishonOred
by his peryorse disregard of duty and hs contempt of
M Mr. #ooDBRiDGE GRcp, VI sustained the Impeach-
ment resolution He declared his beiet at ~ no othef
the future safety OF the Republic be maintained. within
the last days the President had committed three acts
IN direct and positive violation OF law, ana under tuch
circumstances and surroundings as TO convince him lr
6rst act was the formation OF new military department;
the second tho removal Of Mr. Stanton Secretary OF
Secretary OF War ad interim 1t was solemn duty that
the House was called upon TO perform no man more
than he regretted it, No personal friend OF the President
would have been better pleased than himself 10 Mr.
johnson remain IN the Executive chair until the end Of
his constitutional term OF Office But the President had
assumed prerOgate that can but be dangerous 70 the
frSm 81 gdo dd not ntmdate ne HoHse
The commercial centers might for day be Tuied and
the National securities abroad might be depressed but
people Jealous and watchful Of their liberties would
thank God that their representatives had courage enough
shed should follow they would not by the
eeution Of the law he would assure me gentleman from
thousand swords would leap from their scabbards mil
lion bayOnes gisen IN the sunshine brave heroes would
fiji up the ranks. the honor Of the old flag would be main
tanned peace and quiet be restored and the nations OF
the earth would again learn that the Government Of
the United States IL q government OF law.
Mr.. WOOD Dem, ". " addressed the House against
the impeachment resolution. He said this proceeding
is as unwaTranted as il Is unprecedented
Mr. PRUYN Dem. n. " followed on the same side,
arguing support OF the constitutional power OF the
President the matter, which is the gratdmen Of the
charge against him, and speaking Of the great import
ance, bearing the subject OF the debate in the first
Congress- which Mr. Woodward had quoted. He insisted
tat no member should vote the resolution without
ng that debate. He averred that at no time since
l7sg whe the question settled down 10 the passage
OF the Tenure OF Once law in 1867 had tho power Of
movsi been exercised in any other way than by the