Year: 1868




deny that the legislation Of said Congress was valid
obligatory on him except so far as he saw at to
Of tine tSs and thereby SsnynS and in
gress TO propose amendments to the constitution,
and in pursuance Of said declaration the President
vent the execution Of the act Of March lss7-frst,
by unlawfuly attempting to devise means prevent
Mr. stanton @ Fom me bressam1g the functions Of secrs
in his suspension. Second, by unlawfuly attempt
ing 70 devise means 70 permit the execution Of the


fiscal year ending June so issS, and that further In
pursuance OF said declaration, he unlawfuly at
Reconstruction act of March 1857 whereby he was
guilty Of . high misdemeanor in ONCE on the 2lst
day OF February 1868 l nave already stated, In
slider the Presidents declaration on the 18th OF
August 1866, az fairly entitled to the construction


nere suc Words saig ner tns nc
piled. The words were that It was not Congress
Of the United States but only Of part Of the States
gress Of part Of the States may be constitutional
Congress, capable Of passing valid laws and as such
ninth Congress. The declaration being perfectly su-
ceptible Of an innocent meaning and ali of his official
acts being consistent with that meaning it would be
unjust to suppose different one which he did not
express. In this view the foundation Of the article
fails. But whether in pursuance Of that article or
the execution Of the law Of March 1857 in the man
ner chargedS The first specification rests, II upon
anything, upon the @ letter to General Grant, dated
whole, and not considered by detached parts. From
that letter am satisfied that the President expected
nes concur o Mr. san
ton, e resign the olce to him. 50 that


Se to al the once %
with view Of compelling Mr.. Stanton to seek his
remedy In the court. II the President had such q
moving Mr.. Stanton before he should have time to
resume the functions Of Secretary OF War, II the
President had right to remove him. 1t has been
nQan " Nraf arf a
think the President had such right. The design,
then, If the President entertained it. was not unaw


can see, any proof to sustain it, and it had, it is
not quite apparent how an attempt to
the execution of the act for the
an Intention to violate the Civil Tenure act which
seems to be the gravamen Of this article. No evil
dent had devised means or in any way attempted to
prevent the execution Of the act provide for the
more efficient government OF the rebel States. 1t
has been assumed In argument by the Managers that
the President In his answer claims not only the
right under the constitution to remove officers
for indefinite periods, but also to dll
offices thus created for indefinite periods;
claim, which, II admitted would practically deprive
the Senate OF all power over appointments and
leave them in the hands Of the President Alone The
President does claim the power Of removal and that
this includes the power OF suspension; but careful
examination Of his answer will show that he claims
no other power than that conferred by the act of
1895, 10 iii vacancies in the departments Temporal
ry, and for period not exceeding six monehs, not
by appointment without the consent OF the Senate,
but by designation, described in the act, power
conferred by Congress- and which can be taken away
at any time II II should be found injurious to the
public interest. Even however, II the claim of the
President did 60 to the extent alleged 1t Is not
Of impeachment, and however Objectionable aud
reprehensble any such claim might be, he cannot be
convicted OF high misdemean0r for the assertion Of
unconstitutional doctrine, II he has made no at
tempt to give practical effect to 1t, especially with
out case against him and trial upon 1t. | am un-
n
proceeding before adverting to some OF the points
which have been presented In the argument. The
ton in terms general as to occasion great diversity
OF opinion with regard to the nature of offences
meanor within its Intent and meaning Some con-
tend and with great force Of argument both upon
principle and authority, that only such crimes and
misdemeanors are intended as are subject to indict
ment and punishment as violation Of some known
laws. Others contend that nything ts o crime or
misdemeanor within the meaning of the constitution
which the appointed judges choose to consider So
and they argue that the provision was left indefinite
from the necessity OF the case, as offences Of public
the offender ought to be removed cannot be accu-
rately defined beforehand; that the remedy pro-
designed for the protection OF the public against n


faithful and corrupt ocias. Granting for the sake
9f the argument that this latter construction is the
conferred might be liable 10 very great abuse
especially in times Of hIgh, party excite.
ment, when the passions OF the people
are innamed against perverse and obnoxious pub
lie ofcer. II so it Is power to be exercised with
cqna Te y9a once ses Deend a. the ne
Office except that OF judges, Ia so limited In this
country and the ability to change 1t by popular
suffrage great that 1t would seem hardly worth
while TO resort to so harsh q remedy, except in
extreme cases. and then only upon clear and
unquestionable grounds. In the case Of an elective
under written constitution there Is much more at
stake in such proceeding than the fate Of the ndi-
vidual. The Ofice OF President Is Of
the great coordinate branches OF the gov
ernment, having Its defined powers, privileges
and duties as essential to the very frame
touched with as careful hand. Anything which
condHces weaken its hold upon the respect Of the
people, to break down the barriers which surround
IT, make II the mere sport OF temporary majorities
tends TO the great injury OF our government and
inflcts wound on constitutional liberty. IL is
evident then, 1t seems to me, that offences for
which Chief Magistrate is removed from Office and
the power entrusted to him by the people, transferred
to other hands, and especially where the hands
which receive Il are TO be the same which take IL
from him, should be or such % character as to com
mend itself at once to the minds OF all right think
ing, as beyond question an adequate cause. IL
should be free from the faint Of party,
leave no reasonable grounds Of suspicion upon
address itself to the country and the civilized world
measures justly called for BY the gravity OF the
crime and the necessity for It's punishment; any
thing less than this, especially where the offence s
one not defended by any law, would, In my judg-
ment, not be justified by calm and consderate
public opinion as cause for removal OF President
OF the United States and its inevitable tendency
would be to shake the faith of the friends OF con.
stiiutionaI liberty in the permanency Of our free


institutions and the capacity OF for sef-govern-
ment. other offences OF the President, not specified
in the articles of impeachment have been prepared
BY the Managers as showing the necessity for his
removal. IL might be SUFFICIENT to reply that all
such were long prior In date TO those charged In the
articles have been fully investigated I'm the House OF
Representatives and were at one time decided BY a
majority OF the learned Committee on the Judiciary
in that BODY 10 present no suficent gronnd for I'M


peachment and were finally dismissed by the House
as not aording adequate cause for such proceeding
by vote OF nearly, II not quite two to one but it Is
enough 70 say that they are not before the Senate
and that body has right to consider them against
hlm. The President has had no opportunity TO de-
fend himself or even to enter his denial.
10 90 outside Of the charges preferred and
TO convict him because, In our belief, ne COM
mitted ofrences for which he Is now on trial would
be to disregard every principle which regulates Judi
cial proceedings, and would be not only gross
wrong in Itself, but shame and humiliation to those
BY whom perpetrated. IL has been further In
timaed by the Managers that public opinion calls
with loud voice for conviction and removal OF the
President. One Manager goes SO far to threaten
with iniamy every Senator who voted the resO-
AL senate tOlchfnU of