Year: 1868

senator Trumbull's Opinion.


The opinion Of Senator Trumbull in the
impeachment case, is published. 1t opens
as follows: E


To do impartial justice in all things an.
pertaining to the present trial, according
to the Constitution and laws, is the duty
imposed on each senator by the position he
holds and the oath he has taken and he
who faters in the discharge of that duty.
either from personal or party consideration
is unworthy his position and merits the
scorn and contempt of all just men. The
question to be decided is not whether
Andrew johnson is a proper person to ill
the Presidential Office, nor whether it is fit
that he should rem lin in it, nor indeed,
whether he has violated the Constitution
and laws in other respects than those al.
legged against him. As well might any
other tifty-iour persons take upon them.
selves by violence to rid the country OF
Andrew johnson because they believe him
a bad man, as call upon forty-!our seaa-
tors. in violation Of their sworn duty, to
convict and depose him for any other
causes than those alleged in the articles
of impeachment. AS well might any cti.
zen take the law into his hands, and be-
come its executioner, as to ask the Senate
to convict outside of the case made. To
sanction such principle would be des-
tructive of all law and all liberty worth
the name, since liberty unregulated by
law is but another name for ANARCHY.
Unfit for President as the people may re-.
gard Andrew johnson, and much as they
may desire his removal, in a legal and con-
stitutional way, all save the unprincipled
and depraved would brand with infamy
and contempt the name of any Senator
who should violate his sworn convictions
OF duty to accomplish such result. Keep.
ing in view the principles by which, hon
est men. we are to be guided, let us in
quire what the case is.


After reviewing the case, he finally
sums up rs follows:


Painful as it is to disagree with so MANY
political associates and friends, whose con.
scientous convictions have led them to a
different result, must, nevertheless, in
the discharge of the high responsibility
under which act, he governed by what
my reason and judgement tell me is
the truth and the justice and the law, of
record
show the President to have violated Is
it the Tenure of Office Act2 l believe in
the cohstitutionality of that act, and stand
r'ady to punish its violators but neither
the removal of that faithful and efficient
officer, Edwin NJ. ktanton, which deeply
regret, nor the ad interim designation of
Lorenzo Thomas, were, as has been shown
forbidden by it. Is it the Reconstruction
acts? Whatever the facts may be, this
record does not contain partical of evi
dence of their violeton. Is it tho conspi-
racy act? No facts are show n to sustain
such IL charge, and the same may besaid of
the charge of the violation of the appropria
tiun act Of March 2, 1867 and these are
all the laws alleged to have been violated.
ot is, however, charged that Andrew John
son has violated the Constitution. The
fact may he so, but where is the evidence
Of it to be found in this record ? Others
may, but cannot find it. To convict and
depose the Chief Magistrate of great
nation. when his guilt was not made pal.
pable by the record, and for insufficient
cause, would be fraught with far greater
danger to the future of the country than
can arise from leaving Mr.. johnson in
office Tor the remaining months of his term
with powers curtailed and limited as they
have been by recent legislation.


Once set the example of impeachins a
President for what, when the excitement
of the hour shall have subsded, will be
regarded as insufficient causes, as several
OF those now alleged against the President
were decided to he by the House Of Rep
resentatlves only few months since, and
no future President will be safe who hap
pens to differ with majority of the House
and two thirds of the Senate on any meas
ure deemed by them important. particular
ly if of a political character. Blinded by
partisan zeal, with such an example be-
fore them. they will not scruple to remove
out OF the way any obstacle to the ac-
complishnent OF their purposes, and what
then becomes Of the checks and balances
of the Constitution, so carefully devised
and so vital to its perpetuity? They are
all gone. In view Of the consequences
likely to flow from this days proceedings,
should they result in conviction on what
my judgement tells me are insufficient
charges and profits, tremblc for the fu-
ture of my country. 1 cannot be an in
strument to produce such a result; and at
the hazard Of the ties even of friendship
and affection, till calmer times shall do
justice to my motives, no alternative is left
me but the inaexible discharge Of duty.