Evening star., 1868-02-22

Int elsewhere, that ths President must be
rmoyed because he was an obstruction
to the dominant party. II he could De-
impsached for that cause then each man Of the
opposition party could be imp ached becau-e
n was an obstructor 10 the party. lie did not
make any threats 20 the House, bat he would
LAY a. at ii the President was impeached and ~
| moved without authority OF law, the people of
tins country would never endure AZ I>ensa-
ton on the moor Act within the bounds u
tie constitution, and there would he no obiec-
| ton, bot act without the bounds Of ths Constl-
inuon, and the country would b. precipLaied
INTO Violence and reyoluuon. The gen
ueman had given no resson for this
extraordinary action; but the foundation for 10
Was under the tenure Of Office act. That ts the
| qErsuon ai issue herr. IL II question q law
a. to who has the right % act a. Sec etary Of
W ar OF me United State. The question hitheT-
! %, q who should hold once. was one of law
This is punly legal question. and. IN
order TO settle Al, the HOuse propose 10
snatch the case from the courts. aud act
! upon IL in this House. The Presideut
/ is as much Judge Of the constitutionaItty of
an act a. II the Congress. lie is as much part
Of the Government ar when he takcs an "a "A
Of Office 20 support the Constitution ne do.s al
with his own view Of IA" subject and not in
the light given him by other people. II the
President allows the Executive Depaf tment To
be oyerthrown he would be- guilty Of a VIOLA
ton Of the Constitution, and it h his right and
that OF every citizen, 20 Judge OF the constitu-
tionality Of an act Of Congress The right
assumed by the MAJORITY a. 10 dispo the
President BY a mere act Of Congress, and ~
snatch the case from the Supreme Court Of the
United States and adJudicate 10 here. II you
have this right yon have q right 10 disfran-
chise the whole people and 10 eject every DEM
ocrat from this floor. These principles are not
maintalnable At law, or n they are, have
CEASED TO be governed by a written Constitu-
ton. IL is the mere arbitrary rule of a
temporary House Of Representative or a
temporary Senate The worst OF an
tyrannies Is an oligarchy-an unlimited, un-
! controlled majority cf a Legislasure Now
here party representing. lot the people OF the
North: representing the past and not the pres
ent attempts to oblitrrate the Constitution OF
the country. BY a mere party majority, in order
10 obtain possession Of the Government OF the
United States, you propose % depose the Presi-
dent of the United States and set mp one OF
your own. For the first time 10 Ia
written in the history of tins country that
a party 10 retain its ascendency proposes
to overturn the executive and Judicial
branches OF the Government OF the United
States. Go on. II you chose. II wanted your
overthrow, i would tell you now TO 60 on m
the course you have marked out, and overthrow
the President who IS now 20 powerless by your
Legislation. This is all done that YOU NAV con-
troll all departments OF the Government 80 as
10 get in some African Statse in the South. 20
perpetuate Republican power. Mr. Brooks
then referred 10 acts Of Congress 20 show the
illegality Of the proceeding. He also quoted
from law 20 show the Presidents power To
remove Cabinet minister under certain con-
ungencies, as sickness, death, absence. &c.
Mr.. Stevens pa asked under which Of these
contingencies Mr. Stanton was removed and
Mr.. Thomas appointed.
Mr.. Brooks replied that he was coming 20
that and he proceeded TO read further from acts
OF Congress recognizing IN the President the
power of removal. and allowing him TO appoint
any one to the Departments by all these acts OF
Congress and by precedent.
Mr. Brooks argued the President had author
ity 70 remove Mr.. Stanton and appoint General
Thomas. He Challenged gentlemen 20 show
anything in the act Of 1-67 that repealed the
acts referred 10. Even acknowledging the
tenure Of ONCE act 70 be law, there was
nothing there depriyIng the President Of the
power Of appointment. The tenure OF ofice
act was not applicable 70 the course the
President had pursued In appointing q
Secretary Of War ad INTERIM During the war
il was insisted that II would be wrong TO de-
prive the President Of the power OF appointing
his Cabinet officers, and the rule should not
now he relaxed or made different He quoted
from the speeches Of Senators and representa-
tives when the tenure of once act was under
consideration. to show that IL was never cod
templated that man should remain IN the
Cabinet after he had been notified by
the President that his services a Cab
met officer was no longer Required
He quoted from the speech Of Senator Sher-
man that he doubted If any man Of honor OF
personal dignity would remain an the Cabinet
after he had been notified 10 yacate. |. was the
opinion Of the Senator thar the office was still
subject 70 the Will Of the President. But now
II IL proposed TO impeach the President D. eau
he has done what the law says he has a night 10
do. Subterfuges must be scarce indeed IL
for the cause that President must be inpeached.
dTfer the House would mol listen 10 lmneaTl-
ment. The Judiciary Committee presented a
yet stronger case against him, If there was any
case al all. Hitherto no matter what party was
in power the institutions Of the country have
been respected. and no one ever attempted 10
perpetuate party by overthrowing the institu-
lions of the country. Wings and Democrats
have been in power, but have never attempted
10 perpetuate AZ by oyerthrowing the Consutu-
uon. Here, for the first time, the attempt is
made. Suppose you succeed. and make the
President Of the Senate President of the Unised
States. you establish a precedent which all
other parties will look 70. The cure Of the
South American Governments has been in a
following Of the course which this House now
proposes 10 nix as precedent-thaf Of over
turning the executive department OF the Gov
ernment In conclusion, he warned gentlemen
TO beware Of the fatal precedent they were now
about TO set
MIR. Spalding (O.) agreed that this was a
solemn occasion. No more solemn duty could
deyolye upon this House than the consideration
Of an article ef Impeachment. He had opposed
impeachment before, because he believed some
overt act should first be committed by the Pres
ident. IL seemed 10 him that the President had
for weeks been courting Just such a measure as
that which was now before this House, and up
on him now must rest the responsibility. The
President throws himself in direct contact with
an act Of Congress passed on the I'd Of last
gave the President the right Of suspension, but
that poor privilege was at an end when Con-
gress was in session. In spite of that civil
tenure act the President sent 10 the Sen
ate a message yesterday, declaring that he
had removed Edwin NJ. Stanton, Secretary
of War; the Senate being in session and
there being no night Of removal, the Presl-
dent has thrown down the glove and as
sumed the right TO say TO the senate in
spite OF your law / have removed Mr. STAN
ton. He cared not whether Andrew johnson
or any one else was President. What he want
ed was peace, and he way of securing
il except by voting with unanimity for the res
olution.
Mr.. Pruyn IN. " asked how long this de-
bate was 10 be permitted 10 continue.
Mr.. Stevens would allow debate until the
last moment to-day, but the vote should De
taken before adjournment to-day.
Mr.. Bingham (Uhio) said he was utterly inca
ble OF approaching this question in a party
spirit. The gentleman Mr.. Brooksl SAYS the
issue involved Is an issue relative 10 Office. Ii
was not so, but an issue whether the Constitu-
ton shall be maintained by the Representatives
Of the people. He had no desire TO resort to this
last power reposed IN the people, and had re-
strained others so long as there was any doubt
hanging over the question of his liability TO
Impeachment. With the past he was salts
fed and was responsible for IL 10 the CON-
mon Father of us all; but he stood here
President had been guilty of a violation OF his
tutional law, and had trsmpled upon the Con-
stitution OF the United States. He must have
known that he could I'LL vacancies during
He could make temporary appointments.
but II needs no argument TO show
that he could not create the vacancy
n a h.