Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-25

Washineton Complication.
The Cincinnati Commercidl has not even
the slightest affection for President JOHN
SON, and while It affects independence in
Journalism, it is nevertheless one of the
most effective servitors the Republican
party has. 1t would be glad to chronicle
the fact that ANDREW JOHNSON had been
removed from the Presidency but It fails
to discover in his removal of STANTON from
the War Office an offense that furnishes
any justification of impeachment. On this
point it thus delivers itself:
The right to the occupancy of and pos
session OF the powers pertaining to the
War Office Is question of law. The
President has the right to test the consti-
tutionality of the Tenure-of- office Act,
under which Congress sinsists upon MAIN
tanning Stanton as Secretary of War. 1t
would be more than one could expect of
Andrew johnson to make that test In a
perfectly quiet, legal and legitimate way.
But in this case, thus far, he has not done
any violence.
AS Mr.. Lincoln said, upon memorable
occasion, nobody is hurt, though it must
be admitted that the historical precedent
shows that great many may be hurt If ju-
dicious counsels are not kept uppermost.
Mr.. Stanton's removal from the War Of
flee would not, In itself, infiict the slightest
injury upon any public interest, and with
the venerable Thomas Ewing in his place
the country would not indulge in sponta-
neous combustion. 5s esA
MIR. Stanton has been maintained in the
War Office, not for any great service that
he alone Is capable of rendering the coun-
try therein, but as an assertion of the pow
er of Congress in the Cabinet of the Pres
fdonf fvaf bn vVor n47oo iof
press and standing ADVERTISEMENT by au-
thority of Congress, of the humiliation and
helplessness of Andrew johnson. Now,
there are two questions that we must not
overlook In the fervor of feeling on this
subject: First, is it tconstitutionally with
in the power of Congress thus to subjugate
the President in his own household ? Sec
ond, is it we'll to degrade the Office of the
Chief Magistracy in this way, because An
drew johnson is the incumbent of the Of
fee?
In the Senate debate on the tenure of
Office act, the objection was urged by Dem
ocratic Senators that it would prevent the
President from being master in his own
house and force him to submit to the reten-
tion of obnoxious Cabinet officers, and such
construction of the law was secuted by
Radical Senators, Mr.. Sherman denouncing
as ridiculous the assumption that any man
of honor would remain a Cabinet officer for
an hour after the slightest suggestion by
the President that he desired to effect a
change; and not only Is it an undisputed
fact that Stanton himself declared in Cab
met meeting the uncOnstitutionality of the
act upon which he now plants himself as
good law; it is also true, that General
Grant and Lieutenant General Sherman,
have urged upon Stanton that he should
leave the Cabinet. He remains, not through
patriotic motives, but from pure personal
considerations. Mw
Therefore 1t must occur to all who heart
lily wish Congress and the country well out
of this scrape, and who have no objection
whatever to disposing of Andrew johnson
according to the plain provisions of the or
ganic law, go that he. shall no longer be a
disturbing element, that it is pity, after
all the provocations he has given, and the
damage he has done by the revival OF rebel
hopes, that the Impending declaration of
war against him by Congress should not be
backed by more satisfactory preamble.
Precisely the amount of guilt of the
President under the Tenure-of-office Law
for. of course, it is law until otherwise
decided-in assuming to remove Cabinet
officer while the Senate is in session, we do
not feel competent to determine. If his
object has been, as he processes, to get up a
case in court, and if he pauses without at
tempting the employment of force, and
keeps the peace, as he incessantly asserts
his purpose of doing, we have no hesitation
in saying that if he Is to be fought out of
office. we are sorry that the case against
him is not stronger-that it is not one in
which the popular verdict must be so nearly
unanimous as to discourage opposition and
overbear hostility.
Congress-three-fourth of both Houses
being of the same, party-has power in all
things as great as if all the members were
of one mind. This power is derived from
the Constitution, and from the rightful ex-
ercise of the authority that became vested
in the representatives of the people through
the successful issue of the war of the rebel
lion, in which ten States were justly crush
ed by the military arm of the nation. The
people are not, however, SD nearly united
on any of the great questions of the day as
Congress is. Hence the vital necessity that
Congress should, above all bodies, and at
this time above all others, keep within the
forms and obey the letter and spirit of the
law that creates Congress. The constitu-
tional power OF the National Legislature is
so ample that, the exercise Of fairly ques-
tionable prer0gatives would be inexcus-
able.
When Congress meets to-day, we trust it
may appear that the great gust of excite
ment and fury of Saturday has expended
its strength, and that there will be evil
dences of the existence aud force of the
sober second thought. The House is COM
mitted to impeachment, and no hesitation
or step backward is to be expected as to
that. We look, however, confidently, for
the exercise of the reason of members in
considering the project for removing the
President from his Office while he is on
trial. That, If Andrew johnson does not
rampant disposition to go to destruction.
will be, as it ought to be, failure.
Before the Senate, then, the Chief JUS
tice presiding, as the Constitution provides,
the President of the United States will be
tried for ..bigh crimes and misdemeanors,"
and the Senate will be as tedious as the
House has been precipitate. Then there
world of the President of the conquered
Confederate States untried. and the Presi-
dent of the triumphant United States on
trial; and the piquancy OF interest belong
ing to this condition of affairs will be en-
hanced by tile reflection that it was the i'm
.peached President, Andrew johnson, who
was most solicitous for the trial and execu-
tion of his captive, Jefferson Davis.
The Republicans. of the IIegisla-
3 tnre InstrucsinE for 1mPea CHI
= ment. ~ EH - - Gs4
We understand that the Republican
members of the General Assembly were in
caucus yesterday, and. that in pursuance
of determination arrived at in that eau
Gus, they telegraphed Senators WADE and
SHERMAN and the Ohio Republican Repre-
sentativess in Congress to vote for the i'm
peachment of President JOHNSON. If this
is true, and we have every reason to be-
lieve it true, they were engaged in very
scurvy business when they telegraph
ed such Instructions. Senators WADE
and SHERMAN will necessarily act
as jurors in the matter of the
Impeachment of the President, and
it ought to suggest itself to lawyers at least
fbot Iuroro obould NOT ho ipefrt,otad to