The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1874-12-11
CHASE ON IMPEACHMENT.

As much has been mistakenly said OF
this matter, We willingly place before
our readers the following from "War
den's Life of Chase
In a letter to Hon. Gerritt Smith
dated April 18th, the, Chief Justice said
''The trial of the President draws to
ward its end. The evidence Will doubt
less be closed tomorrow; and it is moi
improbable that the first speech on the
part of the managers viii be made. q
the Senate adheres to its resolution tc
allow only two arguments on each side,
1 do not see how the discussion can be
lproracted beyond the week, unless the
Senate retire for consultation among
themselves.
''To me the whole business seems
wrong, and if I had any opinion, under
the Constitution, would not take part
in it. But the President is on trial, and
the Constitution is express that when the
President is tried the Chief Justice shall
preside.
"Nothing is clearer to my mind than
that acts of Congress, not warranted by
the Constitution are not laws. In case
law, believed by the President to be
unwarranted by the Constitution, is
passed, notwithstanding his veto, il
seems to me that his duty to execute ii
precisely as if he held it to be constitu-
tional, except In the case where it direct
ly attacks and impairs the Executive
power confided to him by that instru-
ment. In that case it appears to me to
be the clear duty Of the President to dis
regard the law, so far at least as it may
be necessary to bring the question Of its
constitutionality before the Judicial trib-
unals.
seUntl the late rebellion broad dis
tinction has always been taken between
the cath of Office required by the Presi-
dent, and the oath required Of other
officers. That of the President is pre-
scribed by the Constitution itself: 4 do
solemnly swear that I will faithfully ex-
ecute the Office of President Of the Uni
ted States, and VIII, to the best of my
ability, preserve, protect, and defend
the Constitution of the United States.
That of other officers was prescribed by
law-the first ever enacted under the
Constitution-andf follows almost liter
ally its direction: I do solemnly swear
that VIII support the Constitution of
the United States.
sThe test-oath act Of 1862, introduced
for the first time into the oath to be ad-
ministered to other officers than the
President, the word defend In addition
to the word support,
Chow can the President fulfill his
oath to preserve, protect and defend the
Constitution, if he has no right to de-
fend it against an act of Congress, sin
cerely believed by him to have been
passed in violation of it2
''To ne, therefore, it seems perfectly
clear that the President had perfect
right, and, indeed, Was under the high
est obligation, to remove Mr. Stanton, if
he made the removal, not in wanton dis
regard Of a constitutional law, but with
a sincere belief that the. tenure-of-ofiee
act was unconstitutional, and for the
purpose Of bringing the question before
the Supreme Court. Plainly it was the
proper and peaceful mode of protecting
and defending the Constitution.
81 was greatly disappointed and pain
ed, therefore, when the Senate, yester-
day, excluded the evidence Of members
OF the Cabinet IS to their consultations
and decision On one of which Mr.. Stan
ton took a concuTring part, and the ad-
vice given to the President in pursuance
there of. could conceive of no evi-
dence more proper to be received, or
more appropriate to enlighten court as
to the intent with which the act was
done; and accordingly ruled that it was
admissible.
''The vote, fear, indicated purpose
which, if carried into effect, viii not sat
isfy the American people, unless they
are prepared to admit that Congress Is
above the Constitution.
"Have you looked at the questions,
whether, In the event of conviction, the
President pro tempore of the Senate Is
an officer who, under the Constitution,
can act as Presidenti and whether, if
such an officer, he must remain such
while acting as PRESIDENT My own
mind answers the late question In the
affirmative, and inclines to the negative
on the first. P"
THE Elyria Republican nominatesHor'