Year: 1868

any mere political differences. 1t is
known, too. that very great differences ex-
listed upon the law of impeachment, and
whether the President could legally be
impeached for corrupt misconduct in Of
fee when no law had been passed declar-
ing such misconduct to be a crime, and
enacting penalty against it.


In the feverish evaporation existing be-
tween the President and Congress thought
it especially unfortunate that we should
be called upon to establish precedent
that would have the force of law upon
that subject. The country had just
emerged from terrible war for the ma
tons life, which laid upon us staggering
debt which required all onr efforts to meet
the reaction in the business of the country,
caused by the change from the immense
demands Of war to the lesser ones Of peace,
had created a general depression in all the
industries of the country, which were Ia
boring under a heavy but necessary bur-
den of taxation.


Under these circumstances when every
effort and energy of every department of
the government was needed in aid of the
business and industry Of the country, it





ment of excitement to the financial ed
dies and whirlpools, and another cause to
distract the attention of Congress from
proper efforts to ameloratc the condition
of the country.


was not, perhaps, as much affected by
the political aspects and consequences of
the question some other persons, here
and elsewhere but | could not resist the
belief that under the circumstances pros
ecution of impeac chment against the Pres
ident would be regarded by the people as a
I political prosecution and prove disas
trous to the party upon whom must rest
its responsibility.


Besides these reasons, | desired, if pos
sible, to avoid the disgrace and obloquy
which such preceding would bring upon
republican institutions and government
among other nations and people of the
earth.


Ihave not been able to approve the
course Of the President for the last two
years, more than other members of my
political party. | considered that in Con
gress, as the law department Of the gov
ernment, rested the power and the duty
of prescribing the forms. terms and con-
ditions upon which the seeding and re-
belling States should again be restored to
their places i'll the Union, and when the
determination o. Congress had been ex-
pressed on that subject by the constitu-
tional majority over the objections of the
President, that ii was his duty to torego
his own privote views and in good faith
to execute their law a. the will of the
Il tba+ ba 4 ln
the contrary so far as was in his power
without expressly violating the law, de-
sired and designed that the legislation OF
Congress should prove futile and unavail-
ing, | was forced 10 believe. No,with-
standing this, | believed it safer and
wiser to endure the evil for the short re-
mainder Of the Presidents term than to
risk the perils incidental to this new triaI
of our system Of government by an at
tempt to remove the chief officer OF the
nation.


| was gratifed that my own view of the
proper action to be taken proved to be il
harmony with a majority of my politica


friends in the House | have reason tC
believe, too that my own immediate con,
stituents. very few of whom are admirers
of the President or of his policy con
CURED in the judgment by which | wa:
governed


am still fully satisfied with the rea.
sons and conclusions of my own mind
and feel neither compunction nor regret
even when gentlemen who took the op


poste view somewhat triumphantly anC


complacently vaunt their superior wisdom
as demonstrated by more recent events.


| did most earnestly hope that no new
cause of irritation would arise, and thai
f at least no justcr and more imperativ,
reason for impeachment proceedings agains
the President would be afforded But il
this hope have been disappointed Th,
President has openly and purposely defieC
and set at naught law passed by our
selves according to all the forms ant


requirements Of the Constitution II
| attempting the removal of the Secreta


ry of War and the devolution OF hi
duties upon another without the con
sent Of the Senate, he has committed
: an act which we have declared by Il law o
Congress to be high misdemeanor, TO b
punished by severe fine and Imprisonment
: do not understand that this has bee
l done by the President upon any claim Q
c doubt or doubtful Interpretation Of th
: law, upon which different minds Nigh
L come honestly to different results as t
: his right and power under and by the law


but upon the broad ground that the la,


itself is invalid as contravening the Presi


Dental power to remove persons from OF


fee under the Constitution.


e Since this discussion has been pending


| have beard it suggested by friends of tn


President that he claimed, and had bee
t advised that the Secretary of War wa
}, not within the provisions of the tenure G
Il Office act of March, 1867. because he wa
II appointed to that office and confirmed b


the Senate during Mr.. Lincoln's first teri
in the Presidential office, and had neve
/ been formally reappointed and confirme
{ since the commencement of his secon
IL term. [ have not examined the questio
e sufficiently to satisfy myself whether ther
; is any reasonable ground to make such
u question. [ think it clear that the Pre-:
q ident has not in fact acted upon any sue
u ground, but for the reasons set forth
IL his veto message-that the law itself wa
e invalid. The President treated the Sex
y retary of War as within the provisions {
e the act, suspended him for alleged cause, q
u he might properly do, and submitted h
reasons for the suspension to the Senat
| have seen nothing from the Presider
l, himself, either in his official utterances {
~ those of more private character, whic
e have become public through the pres
% which claim any other justification for h
le recent action than that the law itself W;
l. not binding upon him. [ feel very SUI