Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-05-15
senator Edmunds on Impeachment.

At the delibcration Of the Senate on Mon
day, Senator Edmunds read his opinion from
manuscript, of which we find the following
abstract in the New York Times:
After declaring that he was not influenced by
the partisan aspect Of the case, Senator Edmunds
explained his views regarding the Judicial power
of the Senate, and proceeded to argue at length
for conviction on the charges Of violating the
Civil Tenure acts. lie 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 re
garding the appointing and confirming power,
he proceeded TO explain that the only powers
granted to the President by the Constitution
were those Of Commander-in-Chiefan grant re-
prieves and parions; on the other hand his du-
ties were distinctly defined. Among them being
the responsibility Of faithfully executing the
laws. The limited powers which the trainers Of
the Constitution thought fit to grant to the per-
son vino was to take the place OF Kings and En-
perors Ia systems Of government hostile to liber-
", could be easily named. and ought to be zeal
ously defended. The duties relating To the exc
cution Of the laws could not be easily loreseen in
detail, and from them could scarcely arise any
danger to the Republic, for the President was not
to execute the laws himself but TO take care that
they be faithfully executed. This could only be
done by just such and only the methods and
agencies provided by the laws themselves. He
could not rightfully violate the laws in order to
enforce them.
After clearly stating these principles he pro
ceeded to argue that the President could only use
the power of appointment in the manner pre-
4ita
accomplish "a legal purpose by Illegal means or
break the laws himself to prevent them being
violated by others. To sustain this position he
quoted the language Of the Constitution that
Congress shall have power To make all laws
which shall be necessary and proper for carrying
into execution the foregoing, l. &. the legislative
powers and all other powers vested by the Con-
stitution in the Government of the United States
or any department thereof In view of these
provisions he insisted that the power over the
tenure Of civil Offices was vested in Congress.
and that the trainers Of the Constitution intended
to leave the selection Of Othce-hOers to the Pres
ideut, acting with the advice and consent Of the
Senate, and leave to the whole Government, that
is to the law-making power, full discretion to
the establishment Of Offices, and as 10 the time
upon which and the tenure bywhich they should
be held by the persons so selected. Having thus
Secretary Stanton case, he proceeded 70 explain
that it had been violated by the President in his
removal Of that officer he previously quoted
number Of Supreme Court decisions sustaining
his views regarding the legislative power, and
then presented a lengthy statement Of other au-
thoriues, including the members of the early
Congresses; he then discussed the acts of 1872,
1875 and 1868, relating TO ed interim appoint
meutS. and argued that Secretary Stanton was
Secretary Of War, notwithstanding the expiration
Of the term Of Office for which he had been con-
frmed, and consequently the Civil Tenure act
held in his case. lie dismissed the fourth article
with tie statement that IL was not proven, and
announced the same opinion regarding the con-
spiracy articles He also dismissed the ninth
article in TIE same manner. Regarding the
tenth and eleventh articles, be expressed the
opinion that they did not come within the con-
meaning Of high crimes aud missile
IneanOre.