New-York tribune., 1868-05-19
IMPEACHMENT.
SENATOR sTEwARTs OPINION

SENATOR STEWART 10 vi -.
Mr.. PRESIDENT: A brief examination y,
NV wnn determine the character OF 'ho - -, "a;
snet in removing stanton and aploin,uh NJ ,No va
-, - mn. .a,;oDs IN no determined are; was the re
.aoval of stanton and the aTIntment OF b hny Of he
SAomas or either Of them Once act declares:
s 80 s eoa bopg evil cs % ~ shp % n 3 eye yer
1err,ta BY a5d .o s, H appointed such once sr5 sh @ @
SSf arafd leit,g a." Ic ruer appointed dolly quail
ssn t !. ierrla oiisrcts' pr@r'fa .b rovisions
Thls Iass xtend the terin Of AL officers theIe,n
asssT,ed encludins Mt stanton. ION 80 a." a sue
s.ssor as H9TeiR prord6G. II also pi'% % hc efcd
in which appointments removals NC, I' and aUpont.
- nrohihfs All other modes or feWo, Az az" IA
sSonts The term Of Office and the InoAe ol ~ tie
Sling Office are The three HlsuACs 'T"rc must be no
separture from these propositions tA'SP' 81 m inner ats
~ IL that acU otherwise proN9S1. hh I'm or
= difCTcnt mode oi appointment or i iCinoo '!o% 81
are ny thls section repeated MY BS B Cf his law is
rtoh61ted Tins dspeaSes with t+ie necessity Oi NV
ktnr fotTer acts or former practice c9h.shns s,r ,
1satter WITHIN the scope and meaning Of ms s%ecmU, %
There can be qualification 70 ilis 4Shs clearly
~ The act tseif The body Of The tjs s,c,1 Su'
r,obtht.d tne removal If Stanton and inc apPvu io
Of a'ts5t7 II these acts N,boyeJ hv other
non OF law, 10 because they were of the
DroyisiOns i'm the act itself The 'Si ,rnn
S0i then 80 tar affects the iItSlGe"t i II
the questoD, What s hersHt ot,ta ao 60 iyplned off
Ikfreir yr0ried thai he may DO the ats h ',,
II So he obeycd the law u noL ne Vioia,eu & m fcnTo1e
sSates 70 removals. one appointments, and Two eats
" the term of Otce. 4he FORMER aIo ,'r sre
SOUND IN tine fouIth section ana the pToylso
~ the nrst The second section reads as 5Dss si
A, Ist Ss Courts sh5 during Of the Senate be shoWa
a. Se cr for any essoa sts Incapable legally dis
sfed to Perform ~ 4 tsSl e "a S sb ~ I IoS 'p % per
% teporay duties % eb of a1 The neat eeIg o. ans
1er@S :, Gaiy0 a kt i give the bonds required oy
sSs sSeS ss s N bs ts the frciiU within twenty days
tie s Of such ret meetg Of he senate 70 report 70 ~
AS ,te c AID sle name O 6e person 90 S veg
,lss eh eaor ana vse and The removal Of
. . s ,, all - ~ e 1 & f s i sl sCus SaS a . tie
rohg sch cae But q the scu, & iA3 9 @ss $ % 20
gae his Office aud the Of the pen 50 perform
Senis q sgh Shgl hs a1r'g slen 'hsPsa&Sn & So.s % 70
IsiTmug tbe duties 70 o. ana mol 20 ths SDSed 20
Tie emphatic language Is H SSch coSt u'' ~ ~ O0 ,
She President may suspend and designate person 10
perform the duties OF sara once tempVia.!. ds SI t
pension ana temporary alpOlnuuenJ uhiit tNo & "a .o
general propositions IN the hlst section lrs tempo
Sary removal may be made by the President aone' AZ e
Tl limits first section that in substance the act
AteI be ~ office by and wh me ADVICE ana consent 1i
hO senate shan be removed by the President alone with
out the advice ana consent Oi tDe senate 20 Ile slo,
aent Cf successor eNeepl in recess OF the oehe %
khe President may suspend fOr the causes set 1Ofth
h ue setOhd s'c'!SD Oi th!s act, uI IN ~ jsfr jim,
Gaze whatever. Inc Othtr genera, poposIlt@Ioh @
Of rst section which Is limited by the second sec
tOD, relates TO appointments Upon the question OF
appointment TO an Office held by another the first and
seeond section contain al existing statutory regulations
the question under consideration is that no person sh
be appointed 10 any Office which by law is to be filled by
and with the advice and consent OF the Senate, without
sneh advice advice aud consent except IN cases Of ss
pension in the OF the Senate arising underthe proV
s5.d no Other, the President may make temporary ap
Bointments as therein provided
The President recognized the binding force of this law
IN TIE Suspension OF stanton ana appointment St Gen
seQaent disregard Of its plain provisions cannot be
yeadeda inadN Nertanee. The two other exceptions
70 the % section do not relate to the mode of yaoating
term Of Oiice The only reason for an examination o.
these exceptions in this connection TO exclude any
ference that provision Is made i'm the act either for re
moving stanton, appointing Thomas Gd tRteIiH TIT
fourth section reads as follows:
Of an oace the duration which 5 limited law"
This section leaves unchanged the term OF office a
nHed by law notwithstanding the general language
pointment ard qualification Of successor. The prOvs
contains the other limitation and relates TO the term
certain designated officers but contains no exception
tbe general rule as to removals or appointments. tn
Language IS:
te NAyy and Of Interior the ard The AoeI
G % & c0 b % % SHS & spssy & 5 s1S dISf s1 ~ me term
ttsie subject to removal BY and with the advice and cOnseni h
Nothing is more certain than that this proysO sllen
both TO removals and appointments by the Presden
alone. The prOyiso fixes limit the term of the Office
therein named bot makes other exception. II IL
eonendCd that the language Is obscure how does tha
obseury help the President for no possible construco
ean make confer the authority 70 do what is prohibe
and sppot person to mi his place sd Sri "W wtho TS
the advice and consent Of the Senate When the Pres
pending appointing except as in said act provided
was enough for him know that nothing in the
tbOrzed ham TO remove stanton and appoint Thomas az
ibisri0i StantOn's appointment was for an indefinite
term still in office the 2lst day OF February
iS6s sItmakes no difference what Lis term Of office
Or by whom appointed The mode adopted to put hin
Dat was prohibited.
regard the removal Of Stanton and the appointment
Of Thomas parts OF the same transaction The tive
taken together defiance of law and the decision
Senate. constitute bold and deliberate attempt
dispense with the provision Of tie Constitution which
makes the advice and consent OF the senate necessary
the appointment 10 Office. For the President
move the Secretary of War and appoint person dd bt
rM 70 III the place. the advice aud OF the Sen
ate of no consequence This would authorize him u
remove al executive officers, civil and military and put
persons into these Offices suitable 20 his purpOSes WC
might remain In Office indefinitely: He might or hG
might not nominate to the Senate. il he should cOnde
scend do he might nominate the persons hOldug
would confirm the nominees let the con
tDue al interim. The Senate could i'm that choos
IS 90 the character OF the commissions, but wOulG
have no voice 10 the character of the officers
law cannot be considered. Snch adefense might be sci
mp in every criminal case. He does claim that IN
did not intend 10 issue the order for the removal of Stan
ton and the appointment of Thomas dd interim II ethe
of these acts msdemcan0r he intended 10 commit
misdemeaDOr The question Of intention motive
only he material where doubt exists voluntary
deliberate character OF the Oensc My conclusion is tina
the President deliberately violated the law both in
3Dg the order for the removal Of Stanton and in givn
the letter Of authority Thomas and that all the article
tanned desire to preserve the just balance Of the
ordinate departments OF the government and yndeat
The authority OF law.
SENATOR FOWLERS RECORD.
The fOllOWiDg is an extract from the minutps a