Year: 1868

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Nr. Wilson of Iowa. Chairman Of the Judi
citry Commute. next obtained the floor. hc ~lil
Mr. Spelker-The public peace j. again lis
turbc,l by the President Of the United States
H9 denies to the nation that repose which it SO
much needed | 10 not approach this case under
the spur Of hast" or heat Of passion H. pres
ence deplorc. hut its demands will respect
anil obey As q Representative it is my duty tp
see that the laws OF the Republic are not defei
bv criminals in office Within the terms Of the
Constitution a remedy may be found. The pres
enceof the criminal is palpahlc fact the re
meiy is plain and indisputahe and from It's per-
forInance | will not shrink An impeachment
pf the President of the United States Is made in
evitable hy his own deliberate conduct, a pre-
sentel 10 by the case which now commands
our attention. We cannot escape this conclu-
sion if We would, for the President would hedge
us about with new acts of greater euormity, if
there Dee any logic IN his course Of procedure
which would at last force to take up the gage
that he has now defantly east At our feet. Here
tofore his challenges have not been, in nay
Judgment. in due form of law, or stamped with
real crime and mis- lemcauor and, therefore. !
have resisted resort 10 the extreme remedy
which the Constitution has placed in our hanis


Perhaps | have been more cautious than most
men would have been, but no regrets come to
me on this account, for | still believe dill my
duty The considerations which weighed upon
INV mind and model my conduct in the ease
with which the Committee on the judiciary Of
this House was charged are not To be found in
the present case, The logic in former cases Is
male plain, not to say perfect, by lis sequence
in the present one. The President was working
to an eud, suspected by others, known TO HIM
self His then means were not known To the
laws as crimes or mis,!emeanOrs either 10y COM
mon law or by statute, and we 50 pronounced
He mistook our judgment for cowarlice and
worked on. until he has presented 10 US a
ouence high misdemeanor, known to the law
and defined by statute. If We permit this to
pass uuchallenged by that high power with
which the Constitution has clothed us, no man
can measure the future troubles of this Republic.
For one | am not willing to wait for an ascer-
tainment Of unknown quantities Of future Prcsl-
DENTAL crimes and msdemeanors We have one
before us its elements and quantities ascertain
ed. and | am in favor Of wiping it from the TX
ecutiye blackboard by an impeachment Of the
criminal who placed it there. Its presence is a
source of regret to me- and must be Of mortifca-
ton to the people Of this Republic but | Will
face it as they will meet it, by asserting the sub
ordination Of the President to the law Of the
land He is not maker Of law nor Judge
thereof, and it is enough for him to know that
/ the Constitution, which he is sworn 10 preserve,
protect and defend, says that he shall take care
| that the laws be faithfully executed. What
| laws? Those passed in pursuance Of the terms
| Of that Constitution which he is sworn to pre-
/ serve. protect and defend. And how are these
laws to be passed BY the two Houses Of Con
/ gress with the approval Of the President, or. as
in such cases as he does not approve, he shall re-
turn it with his objections to that House III
which it shall have originated, which shall en-
ter the objections at large on Its journal ana
proceed to reconsider il and if, after such con-
sideration. two-thirtls Of that House shall agree
to pass the bill it shall be sent, together with
the objections. to the other House, by which II
shall likewise be considered, and if approved by
two-thirls of that House, it shall become law.
What kind of a law? One which the President
shall take care that it is faithfully executed.
The Constitution does not make him Judge oi
the law. but an executor thereof, and he Is
bound 10 execute that which the law-making
power DEGREES to be the law of the land, what
ever may be his opinion of the law. As mere
individual member Of the national family he Is
bound to Weld to that higher duty which the
Constitution imposes on him as an ofhcer oil the
state. If his conscience forbid, he may resign
the trust, but he has no right to retain the pow
er of public office and subordinate that 70 th'
Judgment of a mere individual member OF thu
community or nation, which has clothed hin
with the Executive power for the enforcement o


its laws. As public officer, no such plea car


be properly entered in his behalf, for he Is no


only sworn to execute the law but also possesse


the right Of resignation. If his conscience vii


not permit him to execute given law, he ma.


resign his trust.
The Constitution invests the President witt
! executive power in order that he may take car