Year: 1868


terms of the Commission but strip the Senate Of all par
again he dd this under authority Also of the act OF the
18th OF February 1885, for filling temporary vacancies
The tenure OF that act that in case OF vacancy IL shall


be lawful for the President II he deems 1t necessary,
10 authorize any person to perform the dues nnt sue
cessOr Is appointed or such vacancy Is heu win the
proylso however that vacancy shall be supplied
in that manner for longer term than six months which
only to be temporary We maintain that this act
which confines the choice of the President TO the heads of
the other Departments. TIT is insisted however that,
while the former covers all cases Of vacancy the latter ID
confined to particular instances including those
OF removal or such as be brought about by eux OF
time. IL does not therefore, operate repeal 10 that
extent Granting this for the sake of the argument TO
be tried how Is 1t to apply to vacancy occurring during
the without repeal of the Constitutional proy


which intended expressly for just such cases
Was II intended TO supersede it, and ii to be inter
preedi This will hardly be pretended, If it even
clear that the Legislature has such power The intent
and meaning Of the act transparent from the
limitation, that ii is impossible 20 mistake them even
to doubt that 1t was designed for merely aecl,
dental and transient that were left unprovlded
for in the Constitution The Presidents claim would per
petuae the vacancy by enabling him to refuse to MI Il or
nominate successor. IL IL De even true, however, that
he might have appointed Gen Grant during the recess
under the law OF 1885, 1t is equally clear that he could not
continue him in Office protract the vacancy beyond
six months and yet he insisted In his special pleas in
answer TO the ayerment OF the absence OF e oondtio


OF vacancy on the 2st OF February when he appointed
Gen. Thomas which was more than SIX months after the
appointment OF Gen Grant, that there continuing
vacancy at that time intending Of that the act
OF the Senate In refusing TO approve his suspension and
resumption
account whatever From the premises OF the PRESIDENT
that the CvilTenure act was Invalid on constitutional
grounds and did not at all embrace that his infer
ence of continuing vacancy undeniable and his ap-
pointment Of Gen. Thomas, therefore, entirely unauhor
this aspect of the case than the mere failure Of
the authority taking 1t that although he might pos,
and appoint Secretary dd interim. except by virtue OF
the TenureofOnce law, and that may be well pleaded
his defense even though he may have Insisted that he
did not refer TO- or follow recognize IT, think 1t can
not be question among lawyers that all the acts OF
been done under the which authorizes them. But
then IL will be said has been in regard 20 the proof
them with the nowdsputed law, and OF other evidence
OF kindred character that this only to set up the
doctrine OF estoppel which, though not unreasonable has
been often characterized od0us IN the civil courts
against defendant in criminal proceeding: am ready
10 admit that estOppes 0dous because they exclude
the truth but have supposed that they so
when their effect only 10 shutou alsehoods IL was
such evidence offered but only TO contradict the
Presdent assertions by his acts and to show that when
he pleads through his counsel that II the law was valid he
honestly believed the contrary, and that II 1t embraced
ing and did not intend wfully TO misconstrue II, he
stated what was not true And now few words only
upon the general question OF intent itself which has been
made figure largely In this under the shadow
Of the multiplied ayerments In regard TO IT, don't look
upon these ayerments as at all material ana NOT mate
pusagc which yitates and II Is never necessary
TO prove do not speak n criminal lawyer, but there
is no professional who reads these charges that Will


not detect In them something more perhaps by way OF
abundant eautoI than the technical nicely OF the
criminal pleader do not know that even in the crim


nal courswhere an action charged In clear violation OF


law forbddlng It, and especially II involves the case OF


public officer that It Is any more necessary 10 aege
that he vtated the law with the intent TO vate than
10 aver that he was not Ignorant OF the law which every
man Is bound 10 know. The law presumes the intent


from the act itself, which IL necessary inference II the
ihe potty Committing is responsible for ali the conse
quences whether he intended them not II makes no
difference about the motive, for wherever the statute
forbids the doing OF thing the doing of 1t wilfully
although without any corrupt motive is indctaole
(swans. GIT and Tenn. Rep. i5 so when the fresl
dent is sOemnly arraigned 10 answer here 10
the charge that he has infringed the Constr


any Of the provisions of Office other
law he cannot plead either that he dd gnoranty OF
body that he did only from the best Of motives and
his obga to conform TO 1t TO legal test even though
he could ove the fact he has most slgnaly failed 10
are aC N hidden S away O0hs in ef own generally
be scrutnzed taken into account where there y0
there Is place not 20 be named TO ears polite which
paved with good intentions" II they, or even bad
either neglect or violation Of duty, IL viii be some
thing comfortable to die upon at least, and few
drew johnson could plead in apology for his
own dspensaton with the test oath law or any other ea
eonciae @ the Rebels and facilitate the work Of restOra
ton his great eXampar, whom he mas 80 el2sey P, GoP
equally have pleaded that he did the same things III the
interests Of universal tolerance. The English Monarch
forfeited his throne and dsnherted his heirs upon that
case IL remains 10 be seen whether our King If TO run
omt the naralel beg to say however IA this connec
ZION Thai do not by any means admit that like


hi 70 be tried or Judged by the rigid and
interpretations Of the criminal courts There 10 ques
ton here Of the life liberty or property of the delln
quent. II Ia question only OF Official delinquency in
yoying however the ne oi great Peo%pe % nade eo and
Is perhaps disqualified from taking upon himself any other
which viii be no very severe lhnlcu0n suppos',, uvs
once into the possession OF the Government anu DC
so weak as To trust who had been untrue 10 hen,
who had honored him signally before The aceusers
here are 100000 OF freemen the accused Dut one Wo
claims be their MASTER the Issue, whether ne sal DC
aIlnu ad IN defy
govern wisely than their Congress, ana 10 take e
sword and IN effect the purse OF the nation ,rpa U ns


should not have hesitated TO stand upon tue pla, u


vanished untechnca narrative OF the facts leaving the
oIason as 10 their effect upon interests OF the
tOn and their bearing upon the htness OF AhaS~
eded by instead OF turning II over either 10
the qubes OF the lawyer or the subtetes OF the casu


have patience for the dissertations OF te speeiai
pleader In case like this. take broader vew-one
that think fully sustained by the authorities and that
h I'm such this the safety Of the people, inc
supreme law IL the rule that the true rule ana the only
rule that ought to govern the same question during
oueson because it seems TO me something very like
selfevldent proposition II Andrew Johnson IN the per
himself as to that respecter Of laws that he
denies the will of those who make them and has eneour
aged dsobedience TO their behes tat ne mas Iostefea
disaecOn and discomfort throughout the lately Tevoea
states that he IL standing obstacle 70 the festoSon
OF the peace and tranquility OF TINS nauon that ue cais
and asserts the power OF dictator by holding one Oh
your great departments in abeyane ana 20


suspend at his mere will every executive oncer Oh o
Government the land ana on tne seas anu W sulPy
their places without your ageDcyif for any or all OF
these the Republic no longer safe in his hands
then heaven and earth, as the conservatory OF
the national weal, as the trusted guardian OF its
most invaluable rights, as the depository OF ae .ne
been placed In the hands OF man. ~ becomes
your high and solemn duty to see that the Republic sha


take no detrmen aud speak peace to disturbed ana
suffering land by removing him from the trust ne mas
abused. There other points IN TINS case on whSn


would have desired To comment time ana strength ha


been allowed for the purpose is only wthh te ast
few days entertained the nope nat the senate
would so far relax its rules to enable me 10 OBTAIN
what under the circumstances, at best put an per
feet hearing and have felt IL necessary theelore 10


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