Argument of George S Boutwell One of the Managers On the Part of the House of
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If he is covered by the language of the proviso, then a limitation is fixed to his office, to wit: that it is to expire one month after the close of the term of the President by whom he has been appointed, subject, however, to previous removal by and with the advice and consent of the Senate.
I have already considered the question of intent on the part of the President, and main tained that in the willful violation of the law he discloses a criminal intent which cannot be controlled or qualifie...d by any testimony on the part of the respondent.
The counsel for the respondent, however, has dwelt so much at length on the question of intent, and such efforts have been made during the trial to introduce testimony upon this point, that 1 am justified in recurring to it for a brief consideration of the arguments and views bear ing upon and relating to that question. If a law passed by Congress be equivocal or am biguous in its terms, the Executive, being called upon to administer it, may apply his own best judgment to the difficulties before him, or he may seek counsel from his official advisers or other proper persons 5 and acting thereupon, without evil intent or purpose, he would be fully justified, and upon no principle of right could he be held to answer as for a misde meanor in office.
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To quickly assess the difficulty of the text, read a short excerpt:
If he is covered by the language of the proviso, then a limitation is fixed to his office, to wit: that it is to expire one month after the close of the term of the President by whom he has been appointed, subject, however, to previous removal by and with the advice and consent of the Senate.
I have already considered the question of intent on the part of the President, and main tained that in the willful violation of the law he discloses a criminal intent which cannot be controlled or qualifie...d by any testimony on the part of the respondent.
The counsel for the respondent, however, has dwelt so much at length on the question of intent, and such efforts have been made during the trial to introduce testimony upon this point, that 1 am justified in recurring to it for a brief consideration of the arguments and views bear ing upon and relating to that question. If a law passed by Congress be equivocal or am biguous in its terms, the Executive, being called upon to administer it, may apply his own best judgment to the difficulties before him, or he may seek counsel from his official advisers or other proper persons 5 and acting thereupon, without evil intent or purpose, he would be fully justified, and upon no principle of right could he be held to answer as for a misde meanor in office.
What to read after Argument of George S Boutwell One of the Managers On the Part of the House of?
You can find similar books in the "Read Also" column, or choose other free books by United States President 1865 1869 a Johnson to read onlineMoreLess
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