The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-13

pea on lts shoulders the power OF both fol
mlSeniei Will now be Iesse ned. But sir, we
are warned by gentlemen on the other side
OF the House that the Democratic party will
resist any attempt to iirpeach the resident
lhe gentleman rom New York Mr. Brooks
daclares that the Democracy viii never. pey.
| er, SO help him God, Ieyer submit to the ey.
efclse OF power by Congress, expressly con
ier ed upon it by the Constitution. And WHY ?
! Why not2 Why, because it is unconstitution-
al. vi course 1t is unconstitutional. Accord
ing to this same Democratic authority the
hepublican rarty is sectional, and therefore
an unconstitutional party, and its very exis.
tehce )uslined the rebellion. The war was
an unconstitutional war, and not conducted
: ON constitutional principles, Congress is an
unconstitutional body, because rebels are not
represented IN ii. presume If the Northern
democracy had majority here 1t won d an
sWer eyels purpose, and would in that case.
pc perfectly constituti, mai body. Abraham
Lincoln Was, according TO this same author-
", an unconstitutional President, while An
drew johnson, made his successor nv an as-
sassln, Is not only a Constitutional President
but IS above the Constitution and the laws.
before the abolition OF slavery that was
constitutional. The Democratic party and the
rebeilon were also cOnStitut onaI because
tney were necessary to sustain slavery, Since
slavery has become delunct, there is nothing
now constitutional but the relics OF The re-
Dellion, AndreW johnson and lhe Democrat.
ic party. All else Is unconstitutional, ard
must be put down; and the gentleman from
New YORK Mr.. Brooks calls upon the bone
and muscle OF the Demot ratio party fo re-
sist this unconstitutional attempt of an nm
constitutional Congress to impeach the Presi
dent. Wen, sir, like appeals TO resist the
government were made by the Democratic
Leaders during the war. The constituency OF
Ql,ff f,.1t,
| responded, and tor days the city which he in
| part represents was the scene OF violence
and bloodshed. never heard that apv of
the gentlemen who melted their poor de-
luded followers into the insurrection led
| then in the fight; and this perhaps accounts
Tor the tact that this northern wing of the
| confederate army was subjugated by Che met
| fopolitan police, and aiterwald held in quiet
| submission 10 the laws by the DISTINGUISHED
gentleman from Massachusetts, Mr. ButIerl
| whose military prowess these valiant gentle.
men now affect to despse.
Now, sir, give the gentleman from New
York, Mr.. Brooks ard the gentleman from
Pennsylvania Mr.. Woodward, this friendly
warning, to beware how they undertake
to lnaugurate second rebellion, Tor they
| may fall into the hands of an Executive thai
will be disposed not only to make treason
odious but dangerous. am aware that the
avert this unpleasant consequence OF treason
by making tho Executive not only party
to, but also the leader in such treason, He
says:
Mr. Speaker, so sure L am that the Ameri-
can people will respect this 1.-THE unconstitu-
tlonality Of Coneressl objection that will saw
that 1t We're the Presidents counselor, which
am not, J. would advise HIM, if you prefer
articles OF impeachment, TO demnr both to
your jurisdiction and that of the Senate. and
to issue proclamation giving you and all the
world notice that while he held himself nm
peachaDle lot misdemeanors in cfiioe before
the constitutional tribunal he never wcul6
subject the office he holds in trust for the neo
pie to the irregular, unconstitutional. frao-
mentary bodies who proposed to strIp him of
It. Such proclamation, with the army and
navy in hand to sustain it, would meet a
popular response that would make an end of
impe achment and impeachers
Only three parties are necessary TO make
advice like this safe to the counselor who
gives and the President Tho follows i. They
are those named by the gentleman himself:
Inc people and the peoples Army and Nav,.
But not one OF these has shown any Wiling
ness TO support such counsel. 1hey each
and all exetrate it, and alike stand ready by
ballot or in battle, by land or sea, to conquer
and to crush it. Ii the gentleman desires 10 |
know now L is treasonab appeals will be re |
sponded to by the people be has only to look |
around among his associates on the floor and |
count up the constituencies that will tolerate |
in their Representatives the utterance of such
sentiments as have quoted. Without any |
expectation ofsilencin9 the everlasting ding |
dong ebout tho 7esonsiih,,Giaa.-the Constitn.
ton, the Consultation, which is SO continual |
~ Kept up by these constitutional shriekers, |
propose to examine some oil the constitution. |
al objections which have been raised to the |
proposed impeachment and in justification of |
fho htyf H. IL I
contend, first, that the removal of Inc Secre.
taiy OF War by the President was authorized |
by. the Constitution, and that the tenure-ot- |
Office act being in derogation of this constitu-
tlonal power IS unconstitutional and void.-
Second, that the removal from office of the |
present Secretary OF War is not prohibited BY
the tenure-of-otfice act; and finally that the |
present Congress is not constitutional body, |
and therefore cannot lawfully lmpeacb the
President, though he be guilty OF high crimes
and misdemeanors. These Specifications of
defense ale certainly verycomprehensve, and
if sustained would render conviction impossi-
Bile. not only in this particular case, but in
| any case that could be imagined.
AS the question of jurisdiction goes to the
| root of the whole matter, it may be as well to
examine that first in order; Tor Ii we have uo
constitutional right to try and convict it is
hardly worth our while to discuss the matter
OF guilt at all. This is not the first time the
legality OF this body has been called in cues
ton. 1t has been done repeatedly by the
President himself, by the whole democratic
press oil the country, and strange to say, by
by members upor. this floor who sit here as
the accredited Representatives of legitimate
constitutional constituencies, take part in ev-
cry form OF legislative action, vote to collect
revenue from the people, make appropria-
| tions OF public moneys, and regularly draw
their salaiies and mileage. The gentleman
from New York Mr.. Brooks denies the cou
sttutionality of Congress, and the gentleman
from Pennsylvania, Mr. Woodward,l reiter-
ating the denial, says:
Mr.. Speaker, shall not feel that my whole
duty to the House and to the country is done
unless [ alude to another objection to this i'm
| peachment movement, which my friend from
| New York Mr.. Brooks] glanced at, and for
| which the gentleman from Ohio T. Mr. Bing-
| haml and the two gentlemen from Illinois
Mr.. FarnswOrth and Mr. Loganl poured out
| upon his head a food of vituperative eloquence.
| At the risk of similar denuuciations take it
upon me to deny your right TO impeach any,
body and the present Senate's right to try any
impeachment
| Says the Constitutiou-"The House of Re-
| representatives. has the sole power of impeach-
| ment, and the House of Representatives shall
be composed of members chosen every second
| year by the people of the several States" This
| House of Representatives is not so composed;
| but on the contrary, the Representatives
| chosen from ten of the several States have
| been and are excluded from these Halls do
| not say If they were absert voluntarily they
| could prevent your exercise of the impeach.
| ment power; for then they would form, though
| personally absent, part Of the composition Of
| the House; but so long as you prevent their
entering into its composition you are not the
| House of Representatives to whom the Con-
| sfltution commits "the sole power OF impeach-
| ment.
| The gentleman thinks while the Represen-
tatlves from the rebel States were voluntarily
absent they formed part of the composition
OF this House. According to the gentleman's
logic, as they formed part of the compost
tlon OF this House during their voluntary alb.
| sence and lost none OF their rights, these
Representatives were at liberty to return here
during the war and unite with their no. tn
ern Aires In voting against appropriations tor
our armies and thus insure their defeat. But
the gentleman is not correct in his facts. The
Representatives and Senators OF ten of the
States OF the Union have not heen excluded.
Iney voluntarily withdrew, and have never
returned. No Representative or Senator from
any OF the States which went INTO the rebel
lion has ever appeared here chosen under au-
thoflly OF any State organization Which was
ever represented in the Congress OF the Uni
led States. The Representatives from some
oi the rebel States presented themselves for
admission to the Thirty Ninth Congress, but
they came from constituencies manufactured
Dy andrew johnson, consti uencies which
had no legal or constitutional right to repre-
sentation.
| And to this present CONGRESS- no one of the