New-York tribune., 1868-04-20


have since asked a further delay on account
of the illness of one of their number. Thus,
from the outset to this hour, procrastination
has been the policy of the defense, and at least
as much time has been 'cOnsumed.in bringing
the able counsel for that side up to the work
as in hearing argument and taking testimony.
Considering how anomalous and critical Is the
state of the Government and country while their
chief magistrate is on trial, and how notifying
his position must be, we may safely conclude
that, whatever hopes of acquittal may be en-
tertaned by his binder partisans, they are not
really shared by Johnson nor by his lawyers.
They are fighting off verdict, in the desperate
hope that something may turn up that will
operate in their favor.
Turn to the case as presented in the testi-
mony, and their prospect is no brighter. They
are virtually struggling against the constitutional
right of the Senate to real voice IN the filling
of Executive posts by appointment The Fed
eral Constitution Cart. H., p prescribes that
the President /" shall nominate, and, by and
with the advice and consent of the Senate,
"appoint ambassadors, other public ministers
"and consuls, Judges of the Supreme Court,
and all other officers of the United States,
Nv
" provided for. The President shall
"have power to fiji up all vacancies that may
happen during the recess of the Senate, by
granting commissions, which shall expire at
/" the end of their next session." III Mr.. john
son had ever right to expcl Edwin NJ. Stanton
from the War Office, its warrant must be found
in these provisions.
Now that johnson deliberately and inten-
tionally violated the Tenure Office act, is un-
disputed. His excuse for this is desire to test
the constitutionalty of that act. III this be
valid, then he might with impunity violate and
set at defiance every act of Congress passed
over his vetoes. But we raise the Previous
Question-Put the Tenure-of- Office act out of
sight, and we deny that he ever had rghtto re-
move Mr.. Stanton from the War Office IN de-
fiance of the known determination OF the
Senate that he should be retained. We chal-
lenge the production of an instance wherein
any President but johnson ever removed an
officer whom the Senate had decided should
not be removed. In the case OF VIM. j. Duane,
wherein Jackson stretched his prerOgative to the
utmost. SO that Messrs. Clay, Calhoun, and
Webster united with majority of the Senate
in declaring that be had transcendcd his con-
stitutonal authority, the Senate had never
voted nor notified the President that Mr..
Duane must not be removed, and Gen. Jackson
did not, as a matter of fact know that the
Senate was adverse TO his removal That re-
moval was made in the recess of the Senate,
and duly communicated to that body when
Congress convened. Stll, it was deemed, and
Justly deemed, an invasion by the President OF
the rights of tho coordinate branch of the ap-
pointing power.
The current notion that Heads of Depart
ments are mere clerks or lacqueys OF the Pres
ident, removable at his pleasure, has no shadow
of warrant in the Constitution. That docu-
ment recognizes no difference between these
and other officers of the Government but diff
ference of functions. Every officer is servant,
not of the President, but of the Constitution
and laws, and must stand or fall by his fidelity
to them Andrew Johnson has attempted to
set himself above them, and must be dealt with
accordingly. If he can expel one incumbent
from Office in the face and in defiance OF the
Senate. he is a dictator and despot The YER
diet of the Senate will yindicate the supremacy
of the laws.
A Jealous foe to impeachment, just from
Washington, being inquired of as 10 the pros
pect, replied "The Senate would acqut John
son, if they did not fear what he may do here
AFTER We non-concur; yet the observation
has much force. The Senate cannot vote to
let loose this mad bull in the National china
shop, with full knowledge of his incurably vi
cous prOpensities and his furiously savage
temper. His acquittal would be virtual char
ter of license to heap outrage on outrage
evadng and defying the laws, and doing his
wicked worst to reGstablsh vindictive Rebel
domination throughout the South. He is an
aching tooth in the National jaw, screech-
ing infant in a crowded lecture-room; and there
can be no peace nor comfort till he is out