The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-03-27

Of guilt at oil. This 10 not the 6rst time the
legality Of this body has been called In ques-
tion. Il has been done repeatedly by The Pres
ident himself, by the whole Democratic pres
Of the country. and, strange to say. by mem.
bers upon this door who sit here - the sccred-
tied Representatives Of legitimate constitution:
al constituencies. take part In every form OF
legislative action, vote TO collect revenue from
the people. make appropriations OF public
mileage. The gentleman from New York Mr..
Broofsl denies the ooustitutionallty OF Con-
gress, and the gentleman from Peuusylvanis,
[Mr. Woodward, j rsiterating the deuial. says {:
-Mr. Speaker. I shall not feel that my whole
duty to the House and the country 10 done unless
alluds TO another objection 70 this impesehmens
movement, which ny fFisnd nom New Yort lMr.
Brooksl glanced ct, and Tor which the gentleman
nom 0h,o INT, SinrSsnl andshs sSo Esn,lsmsni
poured out upon his head nood OF vituperstive
eloQusnoe. At the risk OF similar dsnunciations !
take II upon me 70 deny your right 70 impesen
anybody and the present Ssnatss right 70 wy any
''Ssys the Consultation, The House Of Repre-
ssutativss shall have the sole power Of imPsaeh.
msn sna me .oSso .. ss.,x ,seood wear
by The people OF the several States Thi. House
OF Representatives 10 not 90 composed, but. on the
contrary. the Representatives chosen nom yen oi
the several States have been and are slelndea
from these Halls. I do not say if they we're ABB
sent voluntarily they could prevent your eIerclss
OF the impesching powers for then they would
form, though personally absent, part OF the com
their entering Into is composition you are not the
House Of Representatives 70 whom the Conititu'
tion commits the sole power Of impeachment"
The gentlemen thinks while the Representa-
tives from the rebel States were Voluntarily
absent they formed q part Of the composition
Of this House. According to the gentlemsns
logic, as they formed q port OF the composition
Of this House during their voluntary absence
and lost none OF their rights, these Representa-
tivcs were at liberty to return here during the
war and unite with their northern allies In yot::
ing against appropriations for our armies and
thus insure their defeat. But the gentleman is
not correct In his facts. The Representatives
and Senator's OF ten OF the States Of the Union
have not been excluded. They voluntarily
withdrew, and have never returned. No Rep
resentative or Senator from any OF the States
which went into the rebellion has ever appear.
ed here chosen under authority Of any State
organization which Was ever represented In the
Congress Of the United States, The Represen-
tatives from some Of the rebel States presented
themselves for admission to the Thirty-Sineth
Congress, but they came from constituencies
manufactured BY Andrew Johnson, constitu.
eucies which had no legal or constitutional
right to representation. And to this present
Congress no one Of the rebel States has sent
Representatives and Senators who have pre-
sented themselves for admission. With the e1-
ception of Alabama We have no evidence that
any one Of them has held an election for Rep
resentatives to this body.
But, admitting the gentleman to be correct
IN his facts, they would not warrant his con-
clusions that this Congress Is an illegal body |;
not even II the exclusion OF the States were lille
gal. The most that could In that case be claim.
ed would be that the State excluded would not
be bound by our legislation, while all the
States represented would he bound. Will the
gentleman contend that Pennsylvania, with
her representatives in both branches Of Con-
gress, may question the legality OF the body IN
which they sii because some other State Is,
from any cause, unrepresentedl VIII he con.
tend that all the States that adhered to and
maintained the Government during the rebel
lion should be disfrsnchised. even II those
States which Withdrew their representatives and
made war upon the Government should be de-
MED representation In Congress fSouth Car.
olins should be denied representation does II
follow that the right OF every other State In the
Union to representation thereby becomes In
validated Such is the gentlemsn's logic.
The gentleman entirely ignores the fact that
Congress has o constitutional quorum OF legally
elected Representatives and Senators, even
counting in the States which Andrew Johnson
declared had been deprived Of all civil govern
ments. 1.-THE gentleman will follow out his
own proposition to Its legitimate conclusions
he will find that Congress Is legal body. but
that Andrew johnson has no legal title TO his
office. II Is claimed (which do not admit)
that the President Is the representative OF the
people of the United States. Now, II is fact
that eleven States we're denied the right OF par
ticipating IN the election OF President and Vice
President. Some of the States were prevented
by military force, others, among which was the
State OF Tennessee, were prohibited by law
from representation In the Electoral College.
The gentleman from Pennsylvania Mr. Wood.
ward1 and his associates contend that these
electors we're deprived oftheir rights, which, II
true, invalidates the election. II follows, then.
according TO the logic Of these gentlemen. that
Congress, being composed Of members legally
elected and from States entitled to representa-
ton, and having constitutional quorum, Is q
legal body but that the States wrongfully. as
they alege, deprived VI representation are not
bound by the acts Of Congress. And II also
follows that the President Is an illegal Presi-
dent, large part Of the electors making his
having been illegally deprived oil
their rights to participate 10 his election, just
IS depriving unlawfully any portion OF the
electors In q representative district OF their
rights to participate In the election Of q repre-
sentative would invalidate the election of rep
while II would In no way affect the
rights Of others or the character of the body to
which they claimed an election.
But, sir, II the &c ntleman from New York
[Mr. Brooksl and the gentleman from Penn
;ylvsnia tMr. Woodwsri1 believe their own
doctrines on this subject II they really be-
eve that the exclusion Of the Southern States
iisfrsnchises Nil the loyal States. what business
have they here. drawing their salaries, and
roting to tax the peoplei Their official acts
their professions and stamp them
With insincerity.
II has been contcnded by the defenders Of the
usurpstion that tho Constitution |
gives him the power OF removal. not in express
terms, but By implication, rs a necessary Incl. |
lent To the executive power. The gentleman |
rom Pennsylvania (Mr. WoOlwsrd] contends
that the whole executive power of the Govern
nent Is vested in the President, and that this
executive power necessarily includes the power
10 appoint AMI remove frnm Ofhce that the
being the chief executive officer at
he Government. aud being responsible for the
aithful execution Of the laws, should have the
control. direction, aud power OF removal OF all
executive officers. Thu | may
tate the gentleman's position fairly lquote
rom his speech, As follows:
The Constitution distributes the powers dele.
,ated To the Federal Government among three
,rest and coordinate depsrtments-ths legislative
he executive. and the Judicial. To the Iegisla-
i've department and given all tho legislative
,owers herein granted Article two. section one.
eadsi
.The executive power shall he vested In Prcsi.
ent of the United States of America
a ~.
. THE judicial power of the United stats shall
70 vested In one Supreme Court and In such into
ior courts as the Congress may from time to time
rdain and establish
.The power is vestsd-all the power dsiessten
n the Federal Government What powers theHe
re must he seen in tho Consultation 80 learned
rom political science as spplieablet, /, aeonieder'
cy IL States In union under fedeTai Consti.
ution
aIut whatever executive power the Federal Gov.
po,.es.es .. vested In the President. lie
: made the sole trustee Of the people In this 70.
Ard. In the matter Of ofsppointmenr Ia oniee and
he treaty.msking function . check Is Imposed
pom the President by the proyisions which 70
uire the consent and concurrence OF the senate
ut even In these instances the power exercised 10
he Presidents. The concurrence Of the Senate 10
My regulation for the exercise of the power. II
mere advisory discretioa-not an executive
over The Senate possesses not an iOta OF execu.
"a ninr Ill ga haiti