Year: 1868




President of the United States, be i'm
peached for high crimes and misdemean-
ors in Office" -
Upon the hurried examination which
have been able to give, l find that nine
OF the articles substantially set out the
charges made in the foregoing report,
and it is not necessary to discuss them
in detail. How, sir, shall we be re-
garded by posterity? In what light
shall We appear before the civilized
world when it becomes known that the
President of the United States has been
impeached for having exercised legal
and constitutional right, the right of re-
moving Cabinet officer who is charged
with obstructing the public service :
And what else? Why, sir, that he as
signed the Adjutant General of the
Army, whose office is in the War Office,
to the temporary discharge of the duties
of that Office until Secretary of War
could be appointed, by and with the ad-
vice and consent of the Senate.


Nine of the articles against the Presi-
dent charge that he violated the civil
tenure act by removing Secretary Stan
ton and by directing the Adjutant Cen
eral Of the Army to discharge the duties
of the War Office ad anterim-that is,
until Secretary of War could be duly
appointed, by and with the advice and
consent of the Senate. M


And I propose to demonstrate. in a
few words that under that act the Presi-
dent had the right to remove Secretary
Stanton, and by and with the advice
and consent of the Senate to appoint
his successor. By the express terms of
the Constitution, on the death of the
President, the Vice President at once
becomes President, and is Immediately
clothed with all the rights, authority and
prerogatives Of an Executive originally
chosen by the electors of the respective
States. The first sectionlof the civil
tenure act provides that the Secretaries
of State, of the Treasury, of War, of
the Navy, and of the Interior, the Post
master General and the Attorney Gene
raj, shall hold their offices respectively
for and during the term of the President
by whom they may have been appoint
ed, and for one month thereafter, subject
to removnl, by and with the advice
and consent of the Senate. MI: Stan
ton was made Secretary of War by
President Lincoln, but Mr.. Lincoln died,
and by his death his term of Office came
to an end. Andrew johnson then be-
came President, and his term commenced
from the date of Mr.. Lincoln's decease.
And, as Mr.. Stanton was not appointed
Secretary of War by President j ohnson,
it irresistably follows that under the .ex-
press provisions of that act President
johnson had authority to remove him
without the advice and consent of the
Senate. And it is equally clear that he
cannot under that act so remove Secre-
tary, Browning or Attorney General
Stanbery. Why not ? Because they
were appointed by himself. Such being
the law, is it not apparent that it is the
Secretary of War and not the President
who should be impeached !? That high
functionary has set most dangerous
example of insubordination to the Army;
and every subaltern guilty of disobe-
dience of orders may plead the example
of the Secretary of War as his excuse, if
not his Justification.


Mr.. Lincoln only lived forty one days
after his second term commenced; but
it is claimed by gentlemen on the other
side that his term continued after his
decease, for the reason that he was elect
ed for the period of four years. 1t is
true that a President is elected to serve
during term Of four years, that is, that
he shall be President during four years,
unless he dies, is successfully impeached,
or resigns within that time. The word
'sterm" applies to the person and not to
the office. The Office is not limited by
the term of four years, but continues to
exist without limitation while the term
during which the office is held may be
brought to an end at any time by death,
resignation, or impeachment, and then
the term expires but the continuance Of
the Office is coextensive with the exist
ence of the Government. 80


But, sir,even if the act of the President
in removing Secretary Stanton was ille-
gal, there is now no tribunal before which
he can be tried on articles of impeach-
ment. 1t is universally acknowledged
principle of law that no one who has ex-
pressed an opinion as to the guilt or in
nocence of the accused can sit as juror
upon this trial. And after trial and con-
viction the verdict would be set aside
were it made to appear that single
juror had expressed such an opinion be-
fore taking his seat in the jury box.
Well, sir, by the terms Of the Constitu-
ton, the Senate is the only body before
which the President could be tried on
articles of impeachment; and twenty
nine members of that tribunal in the
most solemn manner, on the night of the
21st of February, expressed their opin.
ion as to the guilt of the Executive and,
as that distinguished body is mostly
composed of learned lawyers, it would
be doing injustice to suppose that any
one of that twenty-nine could be induced
to sit in judgment on his trial, after hav.
ing expressed an opinion as to his guilt
But, sir, that there may be no misunder,
] standing as to the facts, i will read tht
preamble and resolution adopted, on the
/ night of the 2lst of February, by a vot,
|, of twenty-nine to six: ya SIS


I Whereas the Senate have received
: and considered the communication of tn,
!. President, stating that he had removed
Edwin NJ. Stanton, Secretary of War
and had designated the Adjutant Gen
eral of the Army to act as Secretary o
War ad interim: Therefore


| Resoloed By the Senate Of the Unite.
States, That, under the Constitution ant
|, laws of the United States. the Presiden
/ has not the power to remove the Secre
tary of War and designate any other of