The New York herald., 1868-05-14
Argument Of Senator Henderson i'm Opposi.
tion to the impeachment Articles.


WASHINGTON, May 13, l30s
The following is an abstract of the argument Of
Senator Henderson against impeachment, delivered
In the Senate last Monday
Mr.. PREsIDENr-On the 2lst day OF February last
the President OF the United States issued an order
clarng that Stanton thereby was removed from his
said office. and his functions as Secretary would
.,sI cease on receipt Of the order On the same
Thomas, Adjutant General OF the Army, a
letter OF authority to act as secretary of War Gd
fertTn, in place Of stanton removed, Stanton being
directed to transfer TO Thomas all the records.
books, papers and other property OF the Depart
only in the form OF the charges, constitute the
Offences contained IN the first eight articles Of I'M.
fedchment II Is true that the fourth, fifth, sixth
and seventh articles charge an unlawful conspiracy
between the President and General Thomas to put
stanton out and put Thomas in; and some of
10 accomplish the object OF this conspiracy by force
and violence. To prove the existence OF the con-
spiracy itself presume the issuance of the orders
named with them as knowledge of O concur
y8Ncy must be chiefly relied on. Ou'
Of this 7 assume there is no sar ,se'te
ssS esS0 Se nC Tnhs douS Se s"so @ hes
sHrrc9 and agreed with the ci5ssasa; Presaent com IN
9s fnaS,--s or tEese orders T is ''s''eIn matter %
" 30 Importance so far as the President
Isdcnen,,ar, g1mSSrned; He Is guilty or not guilty
III tse removal OF stanton I think proof is wholly
msYinciSnt TO show that the president contemplated
us. VI hiu'H hcSS tuu lie agreed or COnSplreu
with Ihomas Tor any syen purpose, and It Will
be observed that under those conspiracy articles IL
IL not enough that the President himself should have
intended, presently on ultimately to use violence or
TO have Thomas use violence In procuring
the War Department. IL must appear that such
u purpose was communicated 10 Thomas at the
time, and Thomas agreed with him to par.
ticipate In furihering such purpose. | there
fore assume the correctness OF the original
proposition that the only questions involved in
the eight articles named are, first, Could the
President lawfully remove stanton; second, could he
lawfully I'LL the vacancy with an al interim appoint
ment9 And now, as ! intend to discard
. the Presidents claim OF the constitutional
right Of removal Independent OF law, and
TO hold him strictly to the terms OF the
acts Of Congress whatever they may be, proceed to
examine his power under the laws to remove the
Secretary Of War on the 2lst Of February last. On
The 9TH OF August 1882 the act was passed creating
declares that the Secretary shall perform and exer-
else such duties "a shall from time TO time be re-
quired or entrusted TO him Ivy the President OF
the United States, agrceably to the consttu-
ton, relative 10 military commissions or TO
The land or naval forces ships or warlike
stores OF the United states, OF such other matters
respecting military naval affairs as the President
of the United States shall assign TO said de-
partment, &c: and, further, that the Secretary
shall conduct the business of the said depart
Dlent, and in such manner as the President
of the United states shall from time to time order
and instruct The second section provides for chief
clerk To be secretary whenever the said provincial
officer shall he removed from office by the Presi-
dent of the United States. or in any other
ease of vscaDr. and shall dnupa such