The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-05-04

TO be protected by it against his power
of removal, an error of opinion thai
the law in this respect was contrary t.
the Constitution, he is not to be helC
responsible if he therein committed al
error.
Mr.. Stanbery argued these points a.
length, reading from Jefferson, Jack
son and Van Buren, to- sustain his views
He next Argued that the tenure of office
act has never been held by the Supreme
Court to be Constitutional, but even il
it had been what ground would there
be for holding the President guilty Of
high misdemeanors in forming an opin
| ion sanctioned by three of his predeces
sorsY He cited from the Federalist that
no legislative act contrary to the Con
stitution can be valid, and from Chan.
cellOr Kent, Chief Justice Marshall and
others in support of his position that
the President is vested with discretion
Mr.. Stanbery then proceeded to con.
slider the conspiracy articles, arguing
that not word of proof had been ad'
duced in their support. The Emory
article has no substance or foundation
The tenth article, is he said, i'll viola
ton of the right ef free speech, valued
by our people as jewel beyond price
and expressly protected by the first
article of the Constitution. The elev'
enth article was mere indefinite allie
CATION, unsustained by proof, and was
already sufficiently answered.
Mr.. Standborry then denied that any
injury had been caased to any individ
ual OF officer of the government. Nc
public interest has suffered by the &C
ton of the President. He continued
maintaining that the order for the re
moval of stanton was issued by The
| President in the exercise of an undoubt
ed power sanctioned by the Constitution
aud endorsed by every incumbent of tn,
Presidential office; then how can you
punish him for following in good faitl
that oath he has been compelled to take
to preserve, protect and defend the Con
stitution of the United Statesi Nothing
is palmer than the duty of the execu
tive to resist entertainments of the leg
islative department. Whenever Presi
dent is deliberately of the opinion tina
an act of Congress calls upon him tt
exercise q power not given to him b!
the Constitution he violates that Con
stitution, if he follows it. Again when
ever he is called upon to execute law
which deRives him of constitutions
power he Violates the Constitution al
we'll by executing q great trust as com
mitted to his hand sanctioned by
solemn oath and he cannot sur
render the one or violate the othel
Mr.. Staubery next adverted to the fac
that for the first time in the history o.
this country, laws were passed on thu
Cd of March, 1867, purporting TO change
the order OF Executive action. Oh
serve, however, he said, that neither il
the primitive clauses of the second sec
ton of that military appropriation
act nor in the sixth section OF tina
tenure of Office act, is the President o
the United States SO much as mentioned
Whoever drew these acts shrank fron
referring to the office 10y name. 1t il
under the general description of person
or civil officer that he is made liable t.
fine and imprisonment for failing t.
carry out the new provision of law
But there is no question that it is til,
President and the President alone tina
is meant. The law was made for him
the punishment for him. He is left NJ
choice, no chance of appeal to the
Courts. The language, in effect, is
This or the Penitentiary: do oul
bidding, or take the consequences o
impeachment"
In the history of legislation nothing
| like this is any where to be found. The
| Io,ruo,a of tho Constitution coil Mr.
Stanbery, is too plain to be misunder
stood. The President is to be impeach'
ed only on conviction of treason, bribery
/ or other high crimes or misdemeanors
besides the two enumerated crimes o
treason aud bribery these follow. What
other high crimes and misaemeauors, anC
what sort of crimes and miSdemeanors
/ Why such as are asSimilated to those
enumerated. Look through all tho
corrclative provisions of the Constitu
tlon ON the subject, and examine o.
the proceedings of the Convention, ani
see how ssudiously they rejected all i'm
parchment for misbehavior in office
and how steadily they adhered to tn,
requiSitiOn that nothing but higl
crime or misdemeanor should suffice
Was there ever more abortlve at
tempt 10 make case of impeachmeR
of the President under the Constitution
! There never was any real life i'll it
Long since its show of vitality vanish
cd, and now it lies bcreft of life
! shapelesS mass that gives no sign.
| Mr.. Stanbery continued-There wa,
no violation of law in the Gd interim APP
! Rointment of General Thomas and afte
a review of the testimony he concluded
his remarks with an eloquent appeal K
the Senate for the President. His clos
ing words were as follows: But if, Sena
tors, as l cannot believe, as has beer
| boldly said with almost official sane
| ton, your votes have been canvassed
and the doom of the President is sealed
then let that Judgment not be pro
nounced in this Senate chamber, no
here where our CamilluS, in the hour o
our greatest peril, single handed, me-
and baticd the enemies of the Republic
not here where he stood faithful among
! the faithless, not here where he fought
the good fight for the Union and TIT
Constitution, not in this chamber
whose walls reechoed with tnat clarion
voice that i'll the days of our Creates
danger carried hope and comfort t.
many n Responding heart, strong as al
army with banners; no, not here. Secl
out rather the darkest and gloomies
chamber in the subterranean chamber
of this Capitol, where tho Cheerful
light OF day never enters. There cree
the altar aud immediate the victim.
At quarter before one Mr.. Stanberry
became fatigued, and Mr., w. +. Ped
rick, who has assisted him during til,
trial, continued the reading of the argu
| ment.
Mr.. Stanberry himself delivered hi
perOratiOn, concluding at $40 P. NJ.
when the Court adjourned and the Sen
ate took up the House amendments Il
the naval appropriation bill, which wa
non-concured in, and appointed com
mittee of Conference.
Adjourned.