Year: 1868

x


FELLOW CITIZENS I do not propose
to night, speaking in this rotunda of the
Capitol, where the reverberation makes
it impossible to hear anything distinct.
ly, to attempt to discuss the momentous
questions involved in the proposed i'm
peachment of the President of the Uni
ted States, because he is "an obstacle to
be removed" out of the way of the un-
constitutional and revolutionary schemes
Of a partisan majority of Congress. 1t
is now to be settled whetherthis Repub-
lie is to continue to be a government of
law or be perverted to one of force, in
which each coordinate branch, instead
of submitting their differences to the
courts of law-the tribunals appointed
by the Constitution to decide such con-
troversies-shall take into its own hands
the right to decide, and at the same time
erecute, its own arbitrary will in constru-
ing its own powers.


Shall the Congress of the United
States, having passed laws the consti-
tutionality of which are controverted
by largenumbers of the people, under
take practically to say that there shall
be no test of the legality of its acts and
to punish as high crime and misde-
meanor the attempt to try the validity
of its laws2 Yet this is precisely the
point raised by the report of the Con
gressional Reconstruction committee
recommending the impeachment of Presi-
dent Andrew johnson for an alleged vio-
alton of the "Tenure of Civil Office
Act in removing Edwin M. Stanton
from the position of Secretary of War,
and appointing Adjutant General Lo-
renzo Thomas, Secretary ad interim, in
order that he might demand possession
of the Office with its archives, and take
such steps as might be necessary to have
legally decided question which the
double dealing of General Grant had
prevented him from doing according to
his original intention. Recollect, too,
that the President could not have the
law tested in any other way than by
taking the initiative, and making an ap-
pointment so that a case could be made
up. If his right to do this is made a
crime and high misdemeanor, Con-
gress can in most laws insert provisions
which will forever prevent the Courts
obtaining jurisdiction of their enact
ments.


Ask yourselves, is there any thing so
Unusual in such proceeding to warrant
the House of Representatives at WASH
ington in setting the whole country in a
fame of excitement and disturbing the
business interests Of thousands, unless
there was hidden purpose to seize a
pretext to carry out foregone conclu-
sion, and arrogantly proclaim that the
Congress of the United States is above
all law, and that its edicts must be obey
ed without murmur. You are famil-
lar with the process by which contested
cases as to county officers are determined
in your courts, and if anybody should
set up claim to the Office now held by
our worthy Probate Judge, the Chair
man of this meeting, who but a lunatic
or knave would charge the claimant of
being guilty of a high crime and misde-
meanor should he demand the office, and
on refusal, bring his action in the courts.
1t is because these Congressman think
that they are better than common NOR
tails, and demand that, their acts shall
not be judged by the same tribunal as
yours and mine. Under the cry of liberty
and equality, they are conspiring to
build up in this free land the veriest des-
potism the world ever saw. The mo-
ment parties in this country, whether in
high or low places, refuse to submit their
conflicting claims to judicial tribu-
mails, established by law, usurpation,
backed by military force, comes. The
will of the strongest prevails, and the


country, wearied with anarchy, throws
itself into the arms of some chieftain
for repose. Liberty is gone, no matter
whether the man with epauletts, on
horseback, is my Cesar or yours The
American people should solemnly call
on their representatives, in Congress to
pause before constitutional liberty is
thus sacrificed in the house of those
who should be its special guardians.


= Now, how stand the facts as to the pro-
posed .inpeachrnent of the President,
even if the tenure Of office law is CON