Year: 1868

| TO exercise in these ~ eWith0ut remark


MY conclusion is that as the PresdeIt h9 % t f Mach
toremoye r stanton ~ issue the letter of authority
TO Gen Thomas TO discharge the u1Vo % COT ~ i705 n
@ unS & ol " ed that the six months limitation IN @ Ine
act of 1895 had expired before tno Cen Grant as Sec


~ con- Var 0d interim on the 18th day OF August 1857


am unable see the force of o ts rs,ent aS TO his
may nav D1snending an officer under the Constitution


and am of the opinion hat ne hau mo I0n Stanton
clearly tR hsd second S Section of the act of March
1867 nv ana Virtue % Of the lawful authority thereby
aotrod moro especially as he fit TO conform III ali
secs to lis provisions The action Of the Senate upon
& restored Mr. stanton to his office OF Sec
retarv OF War This suspension cannot DC consdereu as
a removal and the subsequent removal on the 2lst
90 FebTnarv created a vacancy in the Office
from that date. The designation OF Gen In9mas no %
cannot therefore be considered as continuation OF the
original designation Of Gen Grant, on the l2th day OF
August 1867 But even if am wrong in this conclusion
and President had no power by existing laws 10 APP
point Secretary of War al Interim yet II Mr. stanton
did not within the first section OF the act OF 1901


the second article fals The nrst Two arucleS iang
the third fourth fifth sixth seventh and eighth must
fail with them The third differs from the second only III
allegation that the President appointed Lorenzo IhOs
qd Interim without the of the Senate that BODY
being then session. and there being vacancy In SAID
office The answer to this allegation Is IL was NOT an ap
pontment requiring the consent OF the Senate but sim


pie authority TO act temporarily and in the second thee
legal vacancy in the Office existing at TINS e' VI
article fourth 1t Is sufficient TO say that there If no eV


dence to sustain it. There Is nothing leaning upon ~
except the idle talk Of Mr.. Thomas hlse OF Wit ne IN


tended 10 do and he estes under oath that the Pes


dent never authorized suggested the use OF Oree
What said by Mr. Thomas was sad 0ut OF uOos no'
to Mr. Stanton nor communicated TO him by message.
Article eight disposed of by what has Deen sad upon
the preceding articles Article mne 49, IN my M
not only without proof to support IT, but actually ans
proved by the evidence With regard 10 the tehth al


Gle the specifications sufficiently established by proof


They in number, and are extracts from speecheS
of the President on different occasions, ~ - % t Dr.


tended that. in speaking any OF the WOrus, te IIes
dent tyioated the Constitution, or any provision OF
snirit If such utterances were a misdemeanor, IL
must be found in the nature OF the words them
President might not within the meaning OF the COnstu
tion be guilty Of misdemeanor IN the use OF words
Being sworn 10 preserve, protect and defend the COs
tutiOD IL he should words persisently deny Its
authority and endeavOr by dension and contemptuOus
respect and regard OF the people for their
form Of government, he might Justly DC con
IL may be remarked that these words were not Officials


they spoken in reply TO an address made TO him by
cress and not 10 it. The words did not in terms deny
that il Constitutional Congress or assert that u had
mo power to pass laws He asserted what true in
point OF fact that Congress Of only part OF the
States. Granting that the words spoken would seem 10
imply that he had doubts 70 extent OF the true char
ace OF Congress and the extent OF It's power so long
as several States excluded from representation he
did not in fact or in substance deny constitutional
isence while all his official communications Win that
Congress he has treated IL as constitutional body
Is there another in the Republic in office or out OF


Office who had not that day perfect right 10 say


bat the President said may disapprOve both words
and intention but do not think them mpeachable
oense The remarks contained IN the second ana thrd
specifications present themselves TO my mind in the same
light They, too, contain severe reflections upon the
XXXIXth Congress, nothing more. l have
| not been able 10 discover any menaces or
! threats against Congress. unless they are
found the declaration that he would veto their mea
Si9 70 measures of certain character Of which he had
been speaking The speeches at Cleveland and ST. Louis
President Of the limited States, afford nothing TO justify
the allegations that they were menacng toward Con
/ gress to the laws OF the country 10
| consider their utterances high misdemeanor
within the meaning Of the Constitution would, would


am satisfied that the President expected Gen Grant in
case the Senate should In the suspension OF
Mr. Stanton 10 resign the Office to him. 80 that he might
have opportunity TO I'll the office before Mr stanton
resumed the performance Of its duties, with view OF
compelling Mr. Stanton to seek his remedy IN the court


If the President had such design, 10 could only be car


red legally by removing Mr. stanton before he should
have time 10 resume the functions Of Secretary OF War


II the President had right 20 remove him 1t has been
President had such right The design, then, II the
President entertained IT, was not unlawful As to the
to sustain It, and IL II had, il is not quite apparent how


attempt TO prevent the execution OF the aet Tor the sup


to violate the Clvh Tenure act which seems TO be the


adduced to show that the President had devised means


any way attempted to prevent the execution OF the
provide for the more eihcient government OF e
Rebel States 10 has been assumed IN argument by tnc
Managers that the President IN MS "a eSms no


pleasure and % suspend officers Tor indefinite periods


claim which. II admitted would practically deprive the
Senate Of all power appointments and leave them
claim the power Of removal and that this includes the
power Of suspension; but careful examination OF ms


that conferred by the act Of 1895 TO h vacancies in the
department. % G f Io be o' coEsen ot
the Senate but by designation as described In the act
power conferred by Congress, and which cen be
taken taken away at any time IL it should
be found injurious TO the public interest.
Even however II the claim Of the President did TO
the extent alleged 1t Is not made charge against MIN
in the articles OF impeachment and however objection
able and reprehensbe any such claim might be- he can
not be convicted OF gh misdemean0r for the assertion
of unconstitutional doctrine, II he has made no at
tempt give practical effect TO IT, especially without
| charge against hum, and trial upon it. am unwilling
close the consideration OF this remarkable proceeding
before adyerng TO- some OF the points r which have
! OF Impeachment is conferred by the Constitution


in terms so general as 70 occasion great DIVERSITY OF op


ion with regard TO the nature OF offences which may be
| held TO constitute crime or misdemeanor with.
with great force Of argument both upon prin-
cple and authority, that only such crimes and misde;
punishment as a violation of some known laws Others
contend that anything is crime or misdemeanor within
the meaning OF tho Constitution when the ap-
pointed judges choose 10 consider 30, and they
argue a6n e ns necesfy Of the case az Offences
of public officers injurious to the public interest and for
which the offender ought TO be removed cannot be aecu-
ratey defined beforehand That the remedy provided by
impeachment Of political character, and designed for
rupt officials Granting for the sake Of the argument that
this latter construction is the true 1t must be con
great abuse especially times of high party excitement
when the passions OF the people are niamed against
to be exercised With extreme caution when you once get
beyond the line of specific criminal oenses The tenure
country and the ability TO change them by popular suf
frage is so great that II would hardly worth while
to harsh remedy except in extreme cases,
and then only upon clear and unquesonable grounds


In the case elective Chief Magistrate OF great and
| powerful people living under written Consti-
| tuition there is much more at stake In such a
| proceeding than the fate OF the individual.
The office OF President is Of the great coordinate
branches Of the Government having its defined powers,
privileges and duties essential TO the very framework
of the Government any other and TO be touched with
as careful hand Anything which cOnduces TO weaken


its hold upon the respect Of the people, TO break down
the barriers which surround It, 10 make II the mere sport
of temporary maOres tends TO the great injury OF our
Government and nficts wound upon constitutional
liberty 1t is evident then. as 1t seems 70 me- that