Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-03-11

the tenth article counted upon violation
of the law requiring all military orders to be
made through the General of the Armies
Under these charges, except the last. the de-
fence which the President sets forth in hi
message, printed in the FREEMAN last week,
will of course be interposed, and the Court
of Impeachment will be called upon to de-
eide whether the fact that Mr. Stanton was
appointed by President Lincoln, during his
first term, takes his case out of the operation
of the tenure-ofofice act. The Senate has
once decided this question, in passing the
| resolution that the President had no author
ity to remove Secretary Stanton !; but it was
then acting as Senate and not Court,
and the decision was made in some haste,
and its reconsideration of the question on the
impeachment trial may lead to different
conclusion. In any event that issue will be
made and decided
The constitutionality of e-tenure-of-ofice
act will also be brought to the decision of the
Court, but the Senate has already solemnly
passed upon that question, after full argu-
ment and with the Presidents veto before it,
and it is difficult to see how it can now come
to any conclusion different from the one
already reached. In one aspect of the case,
it makes no difference whether the law would
or would not be held constitutional by the
Supreme Court, as it is the Presidents duty
to obey the laws and execute them until they
are declared unconstitutional Upon this
point, Robert j. Walker, political friend of
the President, recently said
When bill is presented to the Presi-
dent he is bound to inquire into its constitu-
tIonality before he gives his approval. He is
then cooperating with the legislative depart
ment of the Government If he declines to
sign it, and it is passed by two-thirds vote
of Congress, it is as much an act of Congress
as If 1t had received the sanction of the
President; and it necessarily follows that
under the obligations imposed upon him by
the Constitution to see that the laws are
faithfully executed, he as as much bound to
erecute that act as one tohich met his fullest ap-
proral. Why? Because tie President pos
sesses no judicial potoer.
Technically, President johnson incurred
the same guilt in violating an unconstitu-
tional as constitutional law. The question,
therefore, respecting the constitutionality of
the tenure-of-office act, although it will I'M
doubtedly be deliberately argued by the
Presidents counsel, will cause the Court
but little trouble in reaching decision
The tenth of the original articles charges
offence in an attempt to violate the law
! requiring the President to transmit orders
through the General Of the Armies This
will be undoubtedly a question of fact. and
if proved, is clearl y an Improbable offence.
The evidence, thus far made public, hardly
sustains it, however
Buffers and Bingham articles will open
wide door for discussion of both law and
fact An immense amount of evidence will
be required to determine what the President
did say while g swinging round the circle,
or in the city of Washington, in respect to
Congress and when the proof is all in, the
lawyers will consume great deal Of time
in showing that such incendiary and threat
ening language was or was not - high
crime or misdemcanor.' The Senate has
not passed upon either of these questions,
and the Court will therefore approach them
untramm elled by any previous vote.
Some if not all the principal law points
in the case will be forced upon the attention
of the Court at the outset, upon motion to
quash the proceedings on the ground that
the articles upon their face do not charge
the President with - high crimes and mis-
demeanors = in the sense required by the
Constitution. This motion, If pressed, will
consume considerable time in the argument
but will be likely to be ovcr-ruled by the
Court.
OF course there will multitude Of Incl
dental questions arising in the progress OF
! the trial. At the outset the propriety OF
several Senators sitting as judges to bear and
decide questions upon which they have ex-
pressed an opinion, Will be presented. All
the Senators have voted upon the Presi-
dents right to remove Secretary Stanton
and vet that is, perhaps the most important
question which will come before the Court
for decision during the trial
Senator Wades right to be rsembel
of the Court may be questioned on the
ground that ne Is llnneuldlcly intereSIeu IL
having Mr.. johnson removed as, in tina
event, he will take his place Senator Pat
terson of Tennessee is Il son-in-law of Mr.
johnson, and may be challenged on that ae
count These and many more questions
are likely to arise and take time in the trial
that we advise our readers to have patience
and not look for the conclusion of this tria
for weeks, and probably months, yet