Year: 1868

justification for his significant words of warn


ing, that this was but partial Congress


And yet he effects to be the friend of the


Constitution. | aver, and l challenge con-


tradiction of any man living whose opinion
is entitled to any respect, that paatial Con-
gress can neither irnpeach anybody nor pass


any law. 1t is Congress composed of


Senate and House of Representatives of the


United States, which alone, by the Constitu-


ton, is vested with legislative power under


that great instrument. A partial Congress


is unknown to the Constitution. | protest
against the gentleman pretended affection


for the Constitution when he stands here be-


fore the country warning us against the dis


charge of our duty, and in the next breath,


in order to Justify himself in his strange


position. telling that we have no Congress-
IT we have Congress-if this be not the


House of Representatives of the United


States-of course our legislation is void if


we have 70 Congress, but only partial Con


gress, of course the President of the United
States is not responsible for his usurpation


and crimes in Office to any tribunal on earth
by way of impeachment, nor can he be held


to answer for crimes hy proceeding in i'm
peachment by anybody. neither for what he


has done nor for whatever he may hereafter


do or attempt to do If there be no Congress


to i.nreach and remove this recusant Presi-
dent, there remedy lett out the


great people themselves to come to the res
cue.


But, Mr.. Speaker, I have said enough in
reply to that assertion of the gentleman. |
undertake TO say that there is enough in the
facts already disclosed in the correspondence


between the President and the Secretary of
War and his appOintee as Secretary al interim
to Justify this House in drawing the inference
and inference is for the grand inquest of


the nation-that the President Of the United
States was by that act guilty of another
crime under another act of Congress addI-
tional to that defined in the sixth section of


the act of 1867. | refer to the act of 1851, ,


which makes it high crime punishable by
fine and imprisonment, for two or more per-


sons to conspire together by force or by in


timidation or by threats To attempt to prevent


any person from accepting or holding any


office under the United States. | undertake


70 sn~ that, upon full investigation of this
case the President Of the United States will
he found To have been guilty, in conjunction
with Lorenzo Thomas, of attempting, by


threats, bv intimidation. and if need be, by
force. 10 prevent the Secretary of War from
holding or executing the duties of the Office
, to which he had been appointed under the
{ Constitution. and TO which he was entitled
hy the solemn Judgment of the Senate. That
, Is the position | assume in regard to this
: matter | say again that it pains me to
make such an utterance II had had con
. troll over the President so h. have been
able to suspend the operation of his FACULTIES
without doing violence 10 any of his ri ghts


as a man or az Il citizen, | would have pre-
, vented his uttering any such word as that
which he uttered to his Adiutant General
1t is fit in this discussion that some facts not


spread upon cur record, but which have


come to the knowledge of your committee,


should be stated in debate for the considera-
; ton of the House, for they may be hereafter
further inquiry touching 1t.


[ say, facts came to the knowledge of the


committee about which, ] apprehend. no
, doubt exists in the mind of any gentleman


who heard them, that on this very day,
, and before the committee reported, Adlutant
: General Thomas. declaring that he acted I'M


der she orders Of the President. appeared III


person Mt the War Office demanded Il sur
render of the Office; notified the Secretary OF


War that he would not obey his orders n0ti-
I fed him that he would not recoguize him as
: Secretary of War: notified him that he held
. himself to be Secretary of War: notified him
: that he would retain the place and not retire
TO his own office notified him that he would
Y take possession of the mails for the War De
:. partmcnt; and all this by the order of the
: President.


sir, with facts like these before US. there


is but enc course for the House of Represen


tives TO pursue The President, first having


recognized the obligation of the law of 1867
+ and having availcd himself of its provisions


making a suspension which he was not au
= | thorized to make and never could have made
d but by force of that law, reporting his rea-
: sons to the Senate, and submitting to th'


Judgment of the Senate under the same law
;. the senate overruling him and restoring th'
Q Secretary of War giving him certified cop,
o of their proceedings. deciding that the Sec
70 retarv of War was by force Of this statut,
n restored to his oifce--thc President nov


comes in here and tells us, and tells the coun
V try that he is to construe the constitution
: for himself: and his advocate takes his plac
n upon this floor and reiterates the Offcnsiv
= assumption of the President, declaring tina
d it is the right of the President to determn
70 for himself the cOnstitutionality of every ac
If we pass. and to reject, disobcy or repeal
70 at his pleasure, and in defiance of the powe


of Congress. The law-making power is th
rt supreme power of the republic. and its act
To may only be reviewed by the civil tribunal
ar of Justice. Your Constitution nowhere give
A. to the President the power claimed to def
rs and repeal the laws Of Congress at his plea
m sure.


g. Sir. | protest that the Constitution is n
ir such weak and wicked invention. Why, sil
is the highway robber or murderer might a
n IL
NJ the Constitution or laws of your country a
no he peases, and proceed in his unholy wor
O. of robbery and murder, and interpose tn
Il plea to the jurisdiction of your courts of jus
at tce that he is Il law to himself. that he is t
8 obey the Constitution and laws only as
it understands them. The President of th
n United States has no color of excuse for al
tv suming any such position. Does not tn
of gentleman know that there is no room fo
is argument on the subject, in the light Of I'll
1e Constitution itself and lts plain and clca
n words, wherein it is provided that the juds
r ment of the President as to the unconstitu
, . tionality of an enactment of Congress is c,
he hausted by the exercise of his veto power
of power vested in him by the Constitution.
he notice that the gentleman from New Yor
ad T. Mr.. Brooks expresses his dissent. | be
n the gentleman to ponder upon the clear wore
on of the Constitution, and see how he g
a. away from them. The language oft is that
mt = Every bill which shall have passed tt


House of Representatives and the Senat
% shall before it become law, be presente
re to the President of the United States if
his approve he shall sign it. but if not he sha
To return it, with his objections, to that Houi
bv in which it shall have originated, who sha
H. enter the objections at large on their iiourna
tv and proceed to reconsider it. If, after sue
~ reconsideration, two-thirds of that Hou
,r- shall agree to pass the bill, it shall be sen
he together with the objections, to the 9th
,ot House, by which it shall likewise be reco
MS sidered. and if approved by two-thirds
tie that House it shall become a law"


on A law to whom, sir? \ law to the Co
he gress, a law to the great people who send t
.rv Congress here, and not law to the Pre-:
ali dent? | insist, sir, that the President hil


Ia a Of lo1r tho bu,