The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-03-05
Vol. 10, No. 40

ment, or by bills Of attainder, eener
ally practiced to punish official male
factors. But the system soon degen
Grated into political and persona
persecution, and men were tried, con
demned and executed by this Cour,
from malignant motives. Such wa
the condition of the English law.
when orr Constitution was framed
and the Convention determined t.
provide against the abuse Of tha,
high power, SO that revenge and pun
ishment should not be indicted upor
political or personal enemies. Hence
the whole punishment was made te
consist in removal from office, and
bills OF attainder were wholly prohib
tied. We are to treat this question
then, as wholly q political one, in
which, if an officer ofthe Government
abuse his trust, or attempts to per
vert it to improper purposes, what
ever be his motive, he becomes sub
ject to impeachment and removal
from Office. The offsnse being indicta
bic does not prevent impeachment, but
it is not necessary to sustain it. See
Storey's Commentaries on the Con.
stitution, Madison, and others. Such
is the opinion ofour elementary wri.
ters. Nor can any case Of inn
peachment trial in this country be
found whore any attempt was made
to prove the offense indictable and
criminal. What, then, are the official
misdemeanors Of Andrew johnson
disclosed by the evidence? On the
I'd day Of March, 1867, Congress
passed an act entitled sAn act regulat-
ing the tenure Of cel tain civil Offices. /"
Among other provisions it enacted,
that no officer who had been appoint
ed by and with the advice and con-
sent of the Senate, should be remov.
ed from Office without the consent of
the Senate; and that if during the va.
cation suspension should be made
for cause, such cause should be re-
ported to the Senate within twenty
days after their next meeting. II
the Senate should deem the reason
Of the suspension sufficient, then the
officer should be removed and an.
other appointed in his stead.
But il the Senate should refuse to
concur with the President, and de-
clare the reasons insufficient, then
the officer suspended should forth
with resume the functions of his of.
fee, and the powers of the person
performing its duties should cease.
1t is especially provided that the
Secretary Of War shall hold his Of
fee during the term Of the President
by whom he may have been appoint
ted, and for one month thereafte, un-
less removed by and with the con-
sent of the Senate as aforesaid. On
tbs 18th Of August, 1867, during the
recess of the Senate, the President
removed the Sec'y Of War, whose
term had not expired, requiring him
to surrender the ofRce::vith the public
property, and appointed Gen. q. s..
Grant Sec'y Of War ad intoim.--
When Andrew johnson assumed the
Office Of President, he took his oath
to obey the Constitution of the Uni
ted States, and to take care that the
laws be faithfully executed. This
was q solemn and enduring obliga-
ton, nor can he plead exemption
from it on account Of his condition
1T the time it was administered to
him. An attempt to obstruct the ex-
ception of the law-not mere omis>
sion amounting to negligence,
which would have been . misde-
mean0r-but Q bold conspiracy was
attempted by him to induce the Gen.
of the army to aid in defeating the
operation Of this law, and when he
had suspended the Sec'y of War, be
appointed Gen. Grant, Sec'y ad inter
I'M with the avowed purpose of pro-
venting the operation Of that law, if
the Senate should decide in favor of
the Sec'y; and he says the General
did enter into q conspiracy to aid
him in obstructing the return of the
Secy, not withstanding the Senate
must decide in his favor. This 10 de-
MED by the General and question
ofsveracity, rather angrily discussed,
has arisen among them, and those
gentlemen seem to consider that that
question is ono of Importance TO the
public. In this they are mistaken
Which is tho man Of truth, and
which 10 the man Of falsehoed, is Of
no more public importance than if it
occurred between two obscure indi-
viduals. If Andrew johnson tells
the truth, then he is guilty of high
misdemeanor for he avows his effort
to prevent the execution of the laws.
If the General commanding tells the
truth, then the President is guilty of
. high misdemeanor, for he declares
the same thing of the President, do
nying only his own completely. No
argument can make this point plain
or than the statement Of the culprit.
If he and the General told the truth,
then he committed willfal perjury
by refusing to take care that the laws
should be duly executed. To show
the animus and guilty knowledge
with which this was violated, we
have only to turn to the proceedings
Of the Senate, notifying him of his
illegal and void conduct, and then to
consider that he has since perssvered
in attempting to enforce It. lndeed,
to show his utter disregard Of the
laws Of his country, we have only to
turn to his last annual message, in
which he proclaimed to the public
that the laws af Congress are uncon-
stitutional and not binding ON the
people. Who after that can say
such . man is 6t to occupy the Ex-
ecutive chair, whose duty it is to vim
dicate obedience, and see that those
very laws are faithfully obeyed?-
Then the great duty Of the remedial
and preventative process is clearly
demonstrated. He is dull and blind
who cannot see its necessity, and
the beneficial results and purposes OF
the trial by impeachment. By the
sixth section Of tho act referred TO, it
10 provided that, every removal, ap-
pointment, or employment made or
exercised contrary to the provisions
Of this act, or Of that making the
sealing, countersigning, or issuing of
any commission or letter Of authori-
ty for, or in respect to, any such ap-
pOintment or employment, shall Zoe