The New York herald., 1868-02-25

tnau q crims---a bundsr Waatsvsr executive power
ia' .hs PsSsS ~s, sue .o. s
tee OF the people In that regard. In the
matter of appointment to oice ana tue treaty making
functions chec was imposed upon the President; but
even IN tnoss instances the power exercised the
Presd nts. Inc concurrence OF the Senate only
regulation for the exercise VI power IL was d
advisory discretion, not executive power Ths separ
atenes and completeness OF this power the
hands OF The President was doctrine essential the
harmony OF tue system Of government and TO the
sponseiliy Of TIE President to tao people. II Con-
pAsser, aud It's acs an impsrtnent nudity, and the
PRESIDENT not TO DO impeacked for disTesarding
4. de quoted 'xlracts from tn, debate IL the
First Congress upon the Executive depart tmeut5 and
argued that tna deoa,s settled ths question iasy,
and demonstrated The ut,or unconsIu uonaiiiy OF the
OF Marcr 2, 1867 He also argued that by the very
items of tna at :se SIR Stanton did not me within
It's scope, AID quoted sena or Sherman aud Sic .srs
Spading and bingham as aking that same view Of lne
law wnen u was under cons def alton. Mr. Jonnsrn
was man OF the republican parlss owu choosing, and
he verny believed that the Presidents was Trying TO
restore the uaion, 10 paccate Tho couurv aud TO al
minister his nigh oice with faithful regard the oo
legations Of the constitution and the best m
to bs q true friond Of the | whole of his
countrya faithful pubic officer and cnti,le Cabne.
Congress had lar bster sustain suon a man IN hs con
stutonai rights and address Itself to tue res OF the
suffering country. IN n :, VS. sits no nd the peoples
charges that bon false and 0lish. AT the Of
donuncia lion he tMr. Woodward dsned tho rglt of the
Senate u Try an imp achmenI ihe House not
composed as the constitution required, Of mentors
'chosen by The people OF tn several tates,
he Seiate composed OF ''twu Senators from each
state. In cgnclnsion no said MIR. speaker,
sure am l that tho American pcop'J wll
respect this objec. on that II were the Presidents
C eor would advise tm. If you prefer articles OF
inpeacDment to denur both 10 your jurisdiction and
10 lnat oil tho senate snd 10 issue that
wnic he neld himself inpeachaDl8 for mlsdemosnors
in olca beiore the constitutional Tribunals. lie never
wo li bject be Ollie, ne hold, IN tru I Tor the people
TO tho irregular, unconstitutional frasm ntary bodies
Wa' propose 10 SUPP mn u ". sucn proclamation,
wtn the army ami navy ia hand 10 sustain IT, would
meet popular response that would make an emf OF
impeachment and tue impeaclers.
Mr. WILSON, frep OF IoSa chairman OF the Judiciary
Commite, ns1t obtained tho door and addressed tne
House IN support or the imp acnment Resolution. lie
Mr Speaker inc puoilc re ace IS asan disturbed
by the President o.. the Uuited taes He denies to tine
nation that rlpose which it so much needs. lie VIII
obey tho law, and uy 1t he must DO judged do
approach tnis Case under tue spur of late or the
Of passion. It's presence dep,ore but It's do.
Is my duty to that the iaws of tho Unted States
are not dened by a Criminal in office II
within the terms OF the constitution TeNe
dy can be found. no presence 0, the
Criminal IL palpable tact the remedy IL plain aud
dispu,abie, ana'frum the performance of tie duty wall
not sbrink An impeacament Of the President OF the
United States is made inevitable hy hs own deliberate
criminal Conduct as pr-sea ed 10 US b. the case which
now Commands our attention. We cannot escape this
co.euslJn II We would, for tao President would hedge
u about WIT new acts OF area or cnormity # ucrs
any &c in his Of procedure, which would a.
last comp us to take up tue gauge that he as de-
hantly cast al ouc et Heretofore his challenges have
been, IN my judsnent ia due form OF law
stampel with tno character OF rea! crimes and
msdemeanUrJ, and therefore l have resisted
resort to tue extreme remedy which tho constitution has
placed IN our hands. Perhaps j havs been
tl0us than most 4en would have been; but
como to me Oh th. account for still bclicve did my
duty. Ihe considerations which weighed upon my
mind aud moahed my conduci in The caae VITA which
the Committee on tn; JUDICIARY or this House
charged ale not be found in The pres mt case The
log IN the former case ~ made plain, 10 gay per-
fect by It's sequence in tho present The Presidcnt
was WORKING 10 an eud suspected by others. known
himself. HIS then means wore not kaown to TOO law
crimes or misdsmsanors, either by the common Law
or Dy the statute, aud are 30 pronounced lie
nstook our judsmsnt for coxardlce, and worked
high migdemeanor known TO tue law and detned by
statute Ii We permit tuis to pass uncnafsngcd py that
high power wtu watch the Constitution has clothed
can measure the future troubles of this republic.
For one am not wiling 10 wait tor ascertainment
o. the unsn QuantiCes Of future Presidential
and misdemeauor. We have before u.s. the
aud quaint us a.certsned, and arm favor OF wip
ing IL IRON the executive by an upescnment
OF the criminal "ao placed ~ taere Its presence Is
source o. regret to me, aud II must he of moricauon
TO the people OF this rcpubiic but VIII face IL rs they
vi meet n, by asserting the insubordnation Of the
President 10 ne law Of the land He is no maker oil
the law nor jaagc thureo and i Is enough Tor him
70 know that the Constitution which ne 10 to
preserve protect and TO deleud says that Tho snal
lako that TIE laws sual Dc faithfully executed "
what Jaws .nose when ,ssed 10 pursuance OF
the OF that constitution which he Is sworn TO
preserve, protect and defend. And how are
OF congress, with the approval OF the President,
10 such "case ne does not approx o
he shall return II wien his objections to that House IN
jec.ons a large on tnoir journal and procaed TO re-
consider IT, and II after such reconsideration tSothirds
~ together vita the Gbecaon+ 10 the other House,
by Viii n II shlil lksw, bI considered, and II ap
law" What nd Of lawa One which the President
sua take Il be faithful exscuted. The c0nstu-
s non does mot not make him Judge OF tho Law,
tnst the la~ina n2 power DEGREES
be the law OF tue land. whstovsr may bo his opinion
OF law mere individual member of the national
the constitution imposes hin officer OF the state
his consceuco forbid he may resign the rrust but he
has right 10 rctsln tho power OF a pablo
office and subordinate that to tho Judgment Of
nero individual member OF tho community
or nation whcn has clothed him with executive
power for tho enforcement Of Its laws As a pubic
ocsr no such plea bo properly entered in his behalf
ior no Is not only 70 tue law but no also
Possesses the rght OF resignation. If hts conscience
VIII not permit him 10 execute gwen Law he may
ance OF duty which hi judg nett a. an Individual
wli not surrender o his obi ons as pub,ic officer
a VI lingncss I, subm o the peIaiy prescribed
i,r ,'oietion O. u" NAV 10 so0e extent excuse
disobedionco 90 the part of private citizen snd at
the satlo time asat nothing 70 the public officer. fne
latter may a. any timo by resignation become private
CIT zen, but the form i cannot b como a Pablo onlccr
10 this country exccp' 10y the eutraxss Of mis- fellow
cuzeas II he accepts mo result of their sufraxes hc
hts ia,y into that Of an OH nal creature
whica binds itself by oath a. AN Executive
oiic,r TO do that which as mere individual
be msy not becye just, n.ht or constitutional
Such an acceptance removes haa from the sphere OF
tn right ~ private judgment TO TOO place OF the pubic
l a,
70 ihe contrary Notwithstanding. The constitution in
vests the President VI executive power order that
DO may take caro- that the lars be faithfully executed
Every abuse OF this power whether IL be by an i'm
proper exercise Of u or by refusal 10
u, y breach Of official duy. But it Is no. ovory
1reach 0i ocal duty inat can b9 charged crimo or
mi,demeanor asainss tho delinquent officer. Whatever
40 bt may have ARISEN IN other of tho criminal
Character OF the 0icai conduct involved Ia hcm the
one We are nov considering presents bass which
TO rest doubt podberhels, not TO denanty, the
President has viottld peaal statute OF the United
naz stfEAa
when the law shalt no prnisuod by fac cot ex
co aug sO 900, ~ imprisonmtut exceeding nye
year. or b. bon SAID Innl aents In the discretion Of
bnc cur tNt q MACH iSo1, secti'n sx. All oi toe
CIRCUMSTANCES attendant upbn THIS show that
tue fresdents acNon Was deliberate aud vii.
VI, Iuors 70 not "a ihads of excuse pal.
ladon ia tao case a. u Is presented to u.s. rorvcrsey
he a. rushed upan bis own destruction. Obstnasoy
lao hS forced upon w an issue winch we must jo ia
or provo curse uu worthy representatives OF FREQ
po pli. We have no. siught this issue. hui have
re vrted 70 every legitimate means 10 AVOID II. Wo