New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-02-25

one of these jounals asserts that Congress Is
about to remove the President in the per-
" sonal interest of Edwin N. Stanton" that it
has espOused a personal quarrel, and is making
n caprcious use of mighty and solemn power.
Mr.. Stanton has no personal claim upon the
Ware ffice-certainly none upon Congress.
His position is extremely embarrassing and
unpleasant. 1t is well known that he
has long desired TO retro from the War
Office. He begged Mr.. Lincoln to relieve
him after the surrender of Lee, and it
was only in obedience to the entreaties of the
lamented President that he retained his port
folio. At no time, during Mr. Johnson's adj
ministratiOn has he ever desired to remain.
When Mr.. Johnson's treason was budding, ana
it became evident that the patronage OF the
Government was to be used to strengthen the
Rebels and restore them to power, the Repuo-
icans insisted that Mr.. Stanton should hoid
his Office and do what lie could to protect the
LOYAL and struggling blacks. For this he has been
denounced as an eavesdropper and spy-a
perGdious wretch who lived to violate public
confidence. Mr.. Stanton, no doubt, felt that
tho War Department was not the Presidents
private property, that he was the servant OF
the people, the minister of the nation, and
charged with the execution of solemn duties
Therefore, his remaining in the War-Ofice
was as much an obedience to the will of the
people as for Mr.. johnson to continue i'll the
White House. or for Mr.. McCulloCh to hold the
Treasury. He was legally appointed-he Is
legally Secretary of War-and the law pro-
scrbes the method by which he may vacate
the office. The personal quarrel amounts to
this, that an officer Of the Government does
not choose to be illegally driven out of his
Office merely because it is the whim of the
President.
Even moe absurd is the argument of The
Times. "Must the President 1t says be
punished for maintaining the authority Of
the Constitution against an invalid lawl"
This is as much as saying that the President
has the right to select what laws he may
execute. Suppose the President were to say,
al shall execute no law until the Supreme
Court decides it to be constitutional" The
whole machinery of the Government would be
under the control of a body of men who some
times take years TO reach decision. lie might
az well say, 81 consider the Tax law un-
" constitutional and shall not collect the rev.
"enues, and. being free-trader, ! am opposed
"to tariffs. SO suspend these laws until the
Supreme Court decides against me- lt would
be madness to make such an argument and
yet Mr.. johnson has as much right to object
to the taxes and tariffs as to the Tenure of-
Office law. The Constitution fortunately
expressly provides what relation the Presl-
dent holds to the laws. He may object
to q law, and send his objections to
the Senate. That action j. enough 20
defeat it unless two-thrds of 'the whole
Congress oyerrule him. This in itself is q
great power But il is express, implied, written
When it is exhausted he has no alternative but
obedience. The President claims, and The
Times grants, that lac can in the iiIst place veto
q law, and then not execute it until the Su-
premo Court decides its constitutionality.
tn concede this is to clothe Mr. Johnson with
the prerogatives of tyrant. lie does not
execute the laws, but only such as suit his
fancy. Granting this right, however tho Presi-
dent has his remedy. He might easily have
obtained decision Of the Supreme Court,
He could have made case with any of his ten
thousand excisemen and pOstmasters. But no,
he prefers to throw the country into an uproar
aud agony by insolently defying Congress, by
calling mp visions of civil war; by putting upon
the National Legislature humiliation, by
racking the country, and filling every home
with anxiety and pain.
Enough Of argument For this and other
misdemeanors. Andrew Johnson is about to
appear before the bar of the Senate. Sad as
it is to see the Chief Magistrate of the nation
answering 10 the law as a criminal, it is better
than that this bold, bad, malignant man should
be allowed to trample upon legislation, set the
will of the country at defiance, and go on from
bad to worse in the discharge Of his Office.
Let the trial be marked with dignity, impair
TALLY, courtesy, justice, and fearlessness. If
Andrew johnson is innocent, aequit him. If
he is guilty, let him be swept from his place
as the enemy of his country.