The New York herald., 1868-03-02


new law came into the assembly Of the people
with his neck in halter. If his law was
accepted he was honored and rewarded as a
public benefactor but II it was rejected he
was taken out and killed with the rope he had
himself brought in In this usage we see the
experience Of q people harassed by over
legislation, and who had observed in neigh
boring States that the very lie was rotted out
ofgovernment by tampering lawmakers. And
that such usage should become national
institution Is quite in accordance with natural
law; for as . wise and good enactment is
always o real advantage to the State, so bad
or even only an unnecessary one is 30 much
an evil, and an evil Of such extended influence
that proposing it is crime against society.
1t is in virtue Of this natural law that the Con-
gress of the United States, now coming before
the people with its immensely trumpeted pro-
ject Of impeachment, stands as one with his
head in moose. For if impeachment Is
necessary to assert the majesty Of the law
and to guard the threatened liberties
OF the people from the encroachments
OF ambitious power in the person Of the
President, Congress deserves we'll OF the nation
for impeaching him but if it be not neces-
sary, if the law is not in danger, if there is
neither the fact of crime nor criminal intent,
and if this great final appeal is made only in
the interest ofa partisan quarrel, then to have
made it and to have agitated the nation and
stirred up dangers of every sort against our
tranquility is such wrong that the law has
hardly put in the hands of the people pun
ishment adequate to the offence for an abuse
of the power OF impeachment is as great a
crime as any that impeachment was intended
to punish or prevent.
Is Congress abusing this power3 Is it
bringing great constitutional process into
contempt by appealing to it where there is no
case? Is it unnecessarily disturbing the public
peace? Is it striking at the President for
doing things for which the law gives him full
power? Congress admits and publishes to the
world that it is doing all this. 1t reiterates in
every form OF phrase and with all particulars
the declaration of its own offence. Every line
of its ten articles makes boast OF its guilt
before the nation. Its ten articles of impeach-
ment make nothing SO clear as that impeach-
ment has not sound foot to stand
upon-that it is only the insane
dream of men who, in indulging an
intense party passion, have driven away from
them the guides of reason and judgment; of
men who, having acquired the arrogant habit in
Congress of forcing their will on feeble ma
jority, have forgotten that there is no previous
question to cut off debate before the people,
and who therefore are now in Q fair way to
find out that there is after all o difference be-
tween an extravagantly one sided view of the
law and the law ITSELF 1t matters not what
happens in the Senate, for the case is before
the people, and they will Judge it on the dis
proportion between the offences charged and
the remedy sought-on the utter want Of wis
dom, moderate counsel and patriotic purpose
Of the republican party. If impeachment 60
through the Senate it will destroy the republi-
can party before the country; for the Ameri-
can people will not be dragged at the heels of
an organization governed by the failing intellect
and vindictive spirit of Old Thad Stevens. If
impeachment fail in the Senate, it will only
add to the decision Of the people against the
representatives the weight Of the Senatorial
judgment to the same effect.
Through the whole bill of impeachment run
two points-one the removal Of Stanton, the
other the charge of o conspiracy to obstruct
the operation of the law by means Of troops.
| Stanton's case and the supposed offence Of the
| President in it is disposed Of by the impeach-
crs themselves. They impeach Mr.. johnson as
president of the United States" Mr.. Bout
well explained that this was thought necessary
in order to meet certain difficulty in the
formation of the court-the constitution requir-
ing that the Chief Justice should preside on the
trial OF the President, not on that of Vice
President; consequently there would be "in-
conveniences" tS the impeachers If they re-
garded Mr. johnson as Vice President dis
charging the duties of the Presidential Office
during the remainder of Mr. Lincoln's term. II
may be said, moreover, that the radicals are
under deeper necessity than this to regard
Mr.. johnson as President and not as the Vice
President acting as President This necessity
is the succession Of Mr.. Wade. Radicalism
therefore, is unchangeably committed and
bound to the point that Mr.. Lincoln's Pres
de ntial term ended with his life, and that Mr.
johnson holds absolutely a. President in hi
own right. This being so, what becomes o
Mr.. Stsnton's claim TO the War Office, ever
under the Tenure OF Once lawi This
law limits the holding Of the Secretary Of War
II specifics the duration Of bis term. He shall
hold Office "for and during the term Of thu
President by whom he may have been ap
pointed" As Mr.. Stanton has no authority bu
that given by Mr. Lincoln, and as II is the sd
} mission OF his friends that this is . new term
,, he holds without power or right Moreover, il
is not believed that Mr.. Stanton holds any
other warrant than that received in the frs
} term Of Mr. Lincoln, which expired at the com
mencement Of the present term. He was never