New-York tribune., 1868-04-28
THE IMPEACHMENT TRIAL.
r..,lnneh from First Page.

s,stent purpose of forcing the Rebel states INTO oo
p an MS own terms, in the interests OF the tratofs
kd in defiance OF the will Of the loyal people OF me
United ,h c1lmnetpc facts and only the Of long
nres Of usurpatOns are unlawful attempt TO remove
aee creature of OVID, without the advice and con
eant of the Senate, although then In session cohSh
acy to hinder and prevent him from resuming or hOdg
che said Office after the refusal OF the Senate 70 ~
ms suspenson and to seize take, ana POs9GS An AZ
tempt to debauch officer OF the army ir9 az ~ tir
glance by intoxicating insubordinatOn 10 the -. 10" & the
theranee of the object the atte1pt 70 T into Hle
sghtfu authority OF Congress, ana 10 vi 10 lis
iaws by W the open and public delivery OF m ndeSeni d
harangues, impeachng us ins, aC 81 and the laws en-
acted by IT. 20 the great scandal ana n and con.
own hgh ofce as President, and the deVlsg % nf
trivng Of unlawful means 10 ProurIaton and Recon
the Tenure Of Once, Army ~ iose which re-
iates to the attempted removal OF the ~ i To
ie answer is G,s t9at t9S % fs con of the Tenureof
once act; second that be- the aet - o noyer
i6 NV him of removing at any aud an tunes an en
ncntve officers for causes 10 be JuuEeh S W -" lis
t os Svel "a of suspeudnc them ludennltey Us us
n,on will and pleasure and, hrd that whether the
act be constitutional or Other"lse, " m dibe aud
claims il To have been his purpose 10 disOOey anu
SIoated il with view TO the settlement OF the QUESTION
t its validity by the Judiciary OF the United Sates anu
All s no 6e question whether the present Secretary O
War was intended 10 he comlrehended Wltn tHe @ nist
no Was not for the that he derived his commission
from Mr. LnoOu, and not being removes & OH s od
eoutnued by reason thereof, to hold tue once anu d
minister its duties at his pleasure only wlthont az 9y
iiue having received any appointment from ns.,ii i
a. he fst section of this act not provided
for or that by Of express language his oee was
determined by the expiration of the first term OF tne
president who appointed him The body ] OF enattUS ,fSS
holding any civ Office who had been appointed thereto
by ana with the advice and consent OF the senate OF
shOnd he thereafter appointed 10 any suo in The
entitled TO hold until successor is prI bicc was
provide for all cases either thel ems eAlSuhs Sv Up ~
happen in the future ms 1t Is auss See'ss Tefered
a. the Heads of Departments substantially repealed by
PSdeST6St the Secretaries Of State Of the Treasg-
w. Of War; of the Navy and OF the IhteIio uiS d
ther ofees respectveyor and durnghe term of the Pre-
denby whomthey may have been @ iVE one t
sdyce and consent of the senate THIS provision was
e result OF 60 iSr Hose Striking out the excep
favor OF theHeads Of ana was sugar who
now addresses YOU and 10 whom. as tRery naturally
v0eate of the amendment, Tans the negotia;
assigned the duty OF S0se, for the purpose OF
ton the part of ton taken In debate , oSc, on
Ills 6oor 5y 9 vonid be TO impose on incoming Pres
The amsbinet that was not of his selection. may
that has been made the subject of comment by the
learDel counsel who opened the case on the part OF the
30 operate create exceptions in favor Of an officer
s eS peSs SenSS o. c Tas T the
aid know IT. It will be Judged however, by itself with
it. or to any hasy opinion that may have been expressed
IN either House TO the construction OF which might
npon the meaning of the word appointed" That word
has both technical and popular Gne @ IN tine GI@eT
in the constitutional way there was nClSppSntm%ent % Ger
In Which the people will read it, there unQuesonably
was What, then, was meant by the employment
rule in all the courts, in exploring the meaning OF the
lay yer & and g n6 ae 10 81 be Considered as on
adeclaraory one IN THIS particular 70 loon on 70 'ne e 0J
construction TO the language ~ tdrOrem h6ertdtis In
order repress the mischief and advance the remedy
taking the words used in their ordinary and familiar
sense and varying the meaning, rs the intent which is
always the polar star may require testing 9s nee case ed mere
not the Constitutions but vicious practice that
had grown out Of precedent involving an early and
erroneous construction of that instrument aud was in
tended 10 operate The mischief was this practice
them the heads of Departments, the most powerful and
dangerous of ALL from their assumed positions OF advisers
of the President, by the very dependency OF
their tenure, the mere ministers OF MS pleas
sGSld anu at ~" any moment and ss the reward
of honest and opnon strip them Of their
pie The remedy would change them from miniOns and
into N men s by % %afs % spf6aens as & from the
power that might constran their assent to Its
cover all Of them high and low present ana Plospece We
with view favor the present Executive or for the
ment, who bad the confidence OF Congress,
to his srSrs Ss At VAIL Variance with thr tth aTd
with the obvious general purposes OF the act ror tne
after having voluntarily retained Mr.. Stanton for more
years OF his administration that he was there
or incSbranee that had passed to him with the estate
and not by virtue Of special appointment not
much the appearance a very respectable quibbie
The unearned who reads the prOvisO, they
who Set accustomed to handle the inetsp6ysc
the professional casusts who able TO divide
hair 'twixt and northwest side while he admits
Lhe ingenuity Of the advocate who Will not stand amazed
~ he does the officer who would stOOp to the
of such subterfuge Assuming, however, for the
sake of argument the technical is to prevail
what is to be its efectf Why, only 10 make the law
Siver enact very unreasonable and impossible thing by
OF the officer shall expire nearly two years before The
passage Of the law which is construction that me gene
the general denOmBave phrase OF Secretaries OF War
Of State OF the Navy he names OF MeSss seward Stan
ton and Weles and for that OF the President, who ap
points them the OF Lincoln and the clause will read
provided that Messrs seward Stanton and Weiles shall
hold their offices respectively for and duung the term O
Abraham Lincoln, and for one month thereafter The
will then be 10 put you 10 the position OF having
enacted only absurdity but an lmpOssibiy; but
this there are at least two rules OF interpretation tat
the OF solution The first Is that IL Is not
respectful the Legislature 10 presume tat u ever IN
tended to enact an absrdity II the case susceptible OF
any other construction aud the second that acts or par
lameDt that are impossible to be performed are OF no val
idy, and II there arises ont OF them collaielay any
absurd consequence manfestly contradictory TO
common reason they are, with regard to these
the effect of the proySo, however upon something
analogous the doctrine Of cyres, other words, OF
getting as near TO the meaning as possible was 10 deter
the Office the time of the passage OF the law then
the other hand the retention of the oicer by the
President for 1ye months afterward. and through ali
intervening Congress without commission, or even
nomination was breach of the law, aud. therefore
lnisdemeanOr In ITSELF which he could hardly plead and
scarcely ask you to affirm against the general presump
Of performance Of Official duty fOr the purpose OF
sheterg from the consequences of another violation OF
by the defense, the ef Mr.. stanton does not fall
within the proyiso-wha then s the RESULT Il It the
hung like MOhamets coffin between the body OF the act
and the proyso, the latter mlyng the former on the
prete1t OF an exception either iepudaung the exception
Itself as TO the particular n the obvious and III
dsputaole purpose OF providing Tor an cases whatever 10