Year: 1868

here as tribunal to try and Judge this respondent
that the Senators participated in the passage OF this
act or that the respondent In the exercise Of con-
stitutlonal power returned the bill to the Senate
with his objections thereto The bill itself is as bind
Ing Is as CONSTITUTIONAL Is as sacred In the eye OF the
constitution the bills that were passed in the first
session OF the first Congress. II the President may
refuse TO execute law because in his opinion It is
unconstitutional or for the reason that In the Judg
ment OF his friends and advisers, 1t is uncOnstitu-
tion then he and his successors In oice may refuse
TO execute any statute the constitutionaty Of which
has not been afhrmatively settled by the Supreme
Court OF the United States. II minority exceeding
one-third OF this Senate by may relieve the Presi
dent rom all responsibility for this violation OF his
oath OF office because they concur with him in the opn
ion that this legislation is either unconstitutional OF
doubtful then there no security for
the execution OF the laws The constitutional njunc
ton upon the President is take care that the laws
faithfully executed; and upon him no power whatso-
ever Is conferred by the constitution to inquire
whether the law that he is charged to execute Is
is not constitutional The constitutional injunction
upon you, IN your present capacity, Is TO hold the
respondent faithfully TO the execution OF the constl
tutonal trusts and duties imposed upon HIM. III he
wifully disregards the obligation resting upon him,
to take care That the laws be faithfully executed,
then the constitutional duty imposed upon you to
convict him OF the crime of wlfully dsregarding the
laws OF the land and violating his oath of Office. |
lnduige senators, IN great painness or speoch ana
pursue line OF remark which, the subject less
important or the duty resting upon less solemn,
eeng and Sentiment Of respect or this BODY and
this place OF which my nature is capable. In my
boyhood, from the gallery of the old chamber of the





with something OF awe upon the men Of that genera
tiOn who were then in the seats which you Ill.
Time and experience may have modified and chas.
tened those Impressions but they not they cannot
be, obliteraod. They will remain with me while life
remains. But with my convictions OF my own duty,
with my convictions OF your duty, with my cOnvic-
tions OF the danger the imminent peril to our coun
try II you should not render judgment of guilty
against this respondent, have no alternative but to
speak with all the plainness ana directness which
the most earnest convictions OF the truth Of what
utter can inspire. Nor can the President prove or
plead the motive by which he processes TO have been
governed In ms violation of the laws Of the country
Where positive specific duty is imposed upon a
public officer his motives cannot be good if he will
fully negects or refuses TO discharge his duty in the
manner In which II Is imposed upon him. In other
words II Is not possible for public officer, and es
pecally the President of the United States who Is
under special constitutional injunction to discharge
his duty faithfully TO have any motive except bad
motive II he wilfully violates his duty. Judge, to
be sure, IN the exercise OF discretionary power as
In imposing sentence upon criminal where the
penalty is not specific, may err in the exercise Of
that discretion and plead properly his good motives
IN the discharge of his duty That Is he may say
that he intended, under the law to impose proper
penalty; and inasmuch as that was his intention,
though all other men may think that the penalty was
either msufcient OF excessive he is fully justified
by his motives.


THE PRESIDENTS CIVILIZATIONS.


SO the President, having vested in him dlscretona-
ry power In regard TO granting pardons, might, If
aTagned FOR the proper exercise OF that power In u
although his action might be universally condemned
as improper and unwise In that particular case But
the circumstances of this respondent wholly DIFF
ferent. The law which, as he admits, he has inten-
tionally and deliberately violated was mandatory
upon him, and left IN his hands no discretion as TO
whether he would, N given case execute it or not.
tives 10 refute or control his admission that he
has Intentionally violated public law. Take the case
OF the President, his oath ISL do solemnly swear
that will faithfully execute the Office of President Of
the United States and will to the best of my ability
preserve, protect and defend the constitution of the
United States" One OF the provisions OF that con-
stituton is, that the President shan take
care that the laws be faithfully eXecued.r
In this Injunction there are no qualifying words.
laws, be faithfully executed law is well de-
fined 10 be "a rule laid, set, or established by the
rules that the constitution speaks in this injunction
TO the President; and In obedience to that Injunction
and with reference to his duty under his oath 10 take
care that the laws be faithfully executed, he can
enter into no inquiry 10 whether those laws are
eXped ent or constitutional, or otherwise And mas
much as IL is not possible for him. under the consti
tuition, TO enter lawfully into any such inquiry 1t Is
alike impossible for him TO plead or 10 prove that,
having entered into such inquiry, which was In itself
unlawful, he was governed by good motive In the
result which he reached, and in his action there
upon. sHrving no right TO inquire whether the laws
did so inquire and II upon such inquiry he came tC
the conclusion that. for any reason, he would not
execute the law according to the terms of the law
then he wiliully violated his oath OF Onic,
and the constitution OF the United States
The necessary, the inevitable presumption I'm law Is
that he acted urdcr the influence OF bad motives in
so doing, and no evidence can be introduced con
trolling or cooring in any degree this necessary pre-
sumption OF the law. Having therefore no right u
entertain any motive contrary 10 his constitutional
obligation TO execute the laws he cannot plead his
motive. lnasmuch as he can neither plead nor prove
his motive the presumption Of the law must remain
that in violating his oath Of Office and the cOnstitu-
ton OF the United States he influenced by bad
motive. The magistrate who wiIfully breaks the
laws IN violation OF his oath TO execute them insults
and outrages the common sense and the common
nature OF his cOuntrymen when he asserts that their
laws are bad that they deserve 10 be broken. This
"A al "a m
who has surrendered himself to the counsel
and control of the enemies Of his country.
If President believing a law unconstitutional,
refuse 10 execute II then all your laws dependent
on the opinion OF the Executive. and consequently
the laws are to be executed only as the President
believes in them. This respondent AYERS that his
object IN violating the Tenure Of once act to oh
tain the opinion OF the Supreme Court, thus vo-
latng law for the purpose OF ascertaining whether
he could do 70 with irnpunity or not II n private
citizen violate the law he does at his peril so does
the President, Vice President or any other civil
officer; and this is the responsibility the respondent
has incurred. The Presidents conduct has been au.
dacious and, If allowed TO pursue the same without
life, raise questions which could not he disposed OF
for years In the numerous instances Of the suspen.
sion OF officials he showed desire TO contest the
constitutonality or the Tenure OF once law. He
could have tested the case of Mr.. Stanton by writ
OF quo ,cdrrontO; but he shrinks from IT, His object
was to seize the offices Of the government for pur.
poses OF corruption, ana by their influence 10 enabe
him TO reconstruct the Union In the interest OF the
rebelliOus States.





Upon the premises already laid down 1t Is clear
that the power OF removal from Ofiice is not ed
in the President alone, but only in the President by
and with the advice and consent OF the Senate. Ap
plying the provision OF the constitution already cited
to the condition OF affairs existing at the time the
government was organized, we find that the course
pursued by the first Congress and by the first Pres
dent was the Inevitable result Of the operation OF
this provision OF the organic law. In the first in
stance, several executive departments were estab-
lshed by acts OF Congress- and In those departments
Offices OF various grades were created. The conduct
OF foreign affairs required the appointment OF am.
bassadors, ministers and consuls, and consequently
those necessary offices were established by law The
President In conformity with this provision of the
constitution, made nominations To the senate OF
persons TO MI the various Offices so established.
These nominations were considered and acted
upon by the Senate, and when confirmed by the
Senate the persons 80 nominated were appointed
and authorized 10y comWssons under the hand OF
the president TO enter upon the discharge of their
respective duties. In the nature or the case
IL was not possible for the President, during
session Of the Senate, To assign to
duty In any OF the offices SO created any person who
had not been by him nominated 20 the Senate and by
hat bOdy confirmed ia m no,