Year: 1875

"The trial of the President draws


towards its end. The evidence will,


doubtless, be closed tomorrow, and


1t is not improbable that the first


speech on the part of the managers


will be made. If the Senate adheres
to its resolution to allow only two


arguments one on each side. I do
not see how the discussion can be
protracted beyond the week, unless
the Senate retire for consultation
among themselves.


To me the whole business seems
wrong, and if / had any opinion, un-
der the Constitution, / would not
take part in it. But the President
is on trial, and the Constitution is
express that when the President is
tried the Chief Justice shall pre-
side.'


"Nothing is clearer to my mind
than that the acts of Congress, not
warranted by the Constitution, are
not laws. In case a law, believed by
the President to be unwarranted by
the Constitution, is passed, notwith-
standing his veto, it seems to me
that it is his duty to execute it pre-
cisely as if he held it to be constitu-
tional, except in the case where he
directly attacks and impairs the Ex-
ecutive power confded to him by
that instrument. In that case it ap
pears to me to be the clear duty of
the President to disregard the law,
SO far at least as it may be necessary
to bring the question of its consti-
tutionality before the judicial tribu-
mails.


Until the late rebellion, broad
distinction has always been taken
between the oath of Office required of
the President and the oath requiredof
other officers. That of the President
is prescribed by the Constitution it.
self; 4 do solelmny swear that I will
faithfully execute the office of Pres
ident of the United States, and will,
to the best of my ability, preseroe,
protect, and-defe11d, the Constitution
of the United States That of 9TH
er officers was prescribed by law
the first ever enacted under the
Constitution-and follows almost
literally its direction: & do solemn
ly swear that I will support the
Constitution of the United States


That the test oath act of 1852, in
troduced for the first time into the
oath to be administered to other Of
fcers than the President, the word
defend in addition to the word
support


'EHow can the President fulfill his
oath to preserve, protect, and de-
fend ;he Constitution, if he has no
right to defend it against an act of
Congress, sincerely believed by him
to have been passed in violation of
it?


s'To me, therefore, it seems per-
fectly clear that the President had
perfect right, and, indeed, was under
the highest obligation, to remove
Mr.. Stanton, if he made the remov-
al, not in wanton disregard of a con-
stitutional law, but with a sincere
belief that. the tenure-of-ofice act
was unconstitutional, and for the
purpose of bringing the question
before the Supreme Court. Plainly
it was the proper and peaceful, if
not the only proper and peaceful
mode of protecting and defending
the Constitution.


81 was greatly disappointed and
panied, therefore, when, the Senate,
yesterday, excluded the evidence of
members of the Cabinet as to their
consultations and decisions Gin one
of which Mr.. Stanton took a con-
curing part), and the advice given
to the President in pursuance there
of. l could conceive of no evidence
more proper to be received, or more
appropriate to enlighten court IS
to the intent with which the act was
done; and accordingly ruled that it
was admissible.


'The vote 1 fear, indicated pur-
pose which, if carried into effect,
win not satisfy the American people,
unless they are prepared to admit
that Congress is above the Constitu-
ton.


"Have you looked at the questions
whether, in the event of conviction,
the President pro teS19pOre of the
Senate is an officer who under the
Constitution, can 'act as PRESIDENT
and whether, if such an officer, he
must remain such while acting as
PRESIDENT My own mind answers
the last question in the affirmative,
and inclines to the negative on the
first"