A Protest By the Democratic Senators of the Legislature of California On the Re
A Protest By the Democratic Senators of the Legislature of California On the Re
California Legislature Senate
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For both discharge the duties imposed upon them and the trust committed to them under the dictates of conscience, the acts of each lacking that intention which must be coupled with every act t6 constitute criminality. That when such a case does arise it is beneath the dignity of the Executive or of Congress, and dangerous to the stability of our Government and the liberties of our free people, for the one to impute criminality to the other; but much less right has the Executive Department to at...tempt the destruction of the Legislative Department for the passage of such an Act, or the Legislative the right to attempt the destruction of the Executive Department for refusing to enforce such an Act. That the remedy for the mischief done by either lies in an appeal to the Judiciary; that when their decision is made it is final and binding on the other departments. Submission then becomes a duty and resistance a crime. For these reasons we believe the impeachment, conviction and removal of the President from office on the charge of having violated, or attempted to violate, the provisions of the " Tenure of Office Act, " before the Supreme Court shall have first decided that Congress had the authority to pass said Act, would be a measure not only of folly and of injustice to the President, for which no adequate atonement could be oifered, but would entail great reproach and odium on Congress and the country.
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