New-York tribune., 1868-05-02

legislation OF this been found attended with suen
pains and penalties find heret -,
Now, observe Senators. that neither in the punitive
clauses OF the second section OF thar Nltry I
tlOn act in the sixth section Of that TenureOfOee
act II the President OF the United states so nnch a. hen
toned Whoever drew these acts sruhk rom IeIeI,5
10 the Office by IL under the general description
Of person" or civil officer that he is made HaDle u
fne and imprisonment for falling 10 carry out tV he
provisions OF law. But there Is no question that II Is % m
President and the President alone that Is meant tne
law was made for HIM the puns q, anoal a1 to t6s
him. He is left choice, no chance OF appear to INV
courts mode Of testing the validity OF the new law
In these pregnant words the whole matter Is settled.
There s first of all an enumeration o VIVA. Sles nd nd
in the contemplation OF the Constltutlon|treason anu
can be committed II the Constitution had stopped there
no doubt could exist would anything short OF treason
even Amounting TO misprision of treason that
modern crime in English law treason feonyl ..,..
of the occasion call the attention of the Court TO case
parallel in my Judgment, to that which the Managers
fIr Bat-Ths said Sir Don John the Princes brother
6ogbSrry-wr. down Prince John v,u why this fat per
jury; 20 call n,i9 Pri99es s brother villain
I'D WatMry that he had recevda thousand dae'' Of Don
Dogb,r1y- y-Pfor accusing the Lady Hero vrOngaly"
Yerge&-Yea, by the mass, that it H." IL, ;,s .,
the Constitution on the subject. as to trial.
conviction judgment and iRaf proyson that
the trial of all crimes, except In cases OF mpe@aent @
%en shall be by % a5a snf' ober be ppry Convicted
shall nevertheless be liable and subject 70 Ia-
dictment trial Judgment aR6 Rdu papl'ninG%St aPe mot
yet satisfied examine the proceedings of the Convention
that framed this article ana see how m oce te
how steadily they adhered to the requsln0n that hotB
but high crime and misdemeanor should suihce Inc
honorable Manager has put the case OF insanity But
will you add to that awful visitation OF PROVIDENCE tne
impous Judgment OF man. thatthe sufferer Is guilty ofmgh
crime aud msdemeanor As to the President, however,
the Of insanity provided for-not Dy removal ot
by impeachment but by the temporary devouton OF the
office pon the VcePresident Senators. there ever
more abortive attempt to make case ior mpeaenen'
Of the President under the Constitution
i
haps proper should call attention. understand u 70
be argued by the Managers that the dd interim authority
given to Gen Thomas in violation OF law. and that
aside from any question growing out OF the Ienure
ofOfce act. there no law or authority TO JUSTIFY
that appointment. But is IL possible even II such
an error that had committed by the President.
II would make him liable 20 lmpeachihehtt nj IN s
the course OF the administration OF the affairs OF
this Government in the great departments many ngs
warrant of law. They are done, however, IN good
faith, done sometimes under great necessity ana nnay
grow up into usages apparently contrary 10 ,aw xoe
which even winked at by Courts when Drought 10 he
test o Bo OF tho as OF the law as to a
te,in appointments am unable TO see that there mas
been any violation OF the law In TINS dd t,m aPponF
ment rather in this attempt TO make an al e" ap
pOntment -, - ,,-.
as vacancies: The President shall have power to MI
up all vacancies that may happen during the recess ol
the senate ny granting Yerv derent
thing from al interim appointment The case cOnten,
plated by the Constitution In no sense an acting or dd
interim authority II was to meet these 9ntorseen eonn
gences which nowhere provided for In the Constr
tuition tnat acts OF congress were psacu III lho Sou9
1885, and 1868.
Mr. sTANBERY here made reference TO the prior egis-
aton 20 show what he termed the faacy Of the Mana
gers argument. 49,.
He continued Hitherto Senator'S Ihave considered this
in its legal aspects ana seems to me that the arEn,
may very well stop there. Whatever there Is OF
OF fact in the adds greatly to the Presidents
defense Look at the proof adduced by the hanagers
outside of the formal documentary exhibits what
is there left but the testimony the speeches. what
Is there that has the slightest bearing upon the case OF
the President except what they have attempted TO force
INTO the case by the declarations Of Cen Thomast
Here Mr. Stanbery reviewed the examination ana the
Managers speeches.
But If, Senators, cannot believe, but rs has been
boldly said with almost official sanction your votes have
been canvassed and the doom Of the President sealed
let that judgment not be pronounced III the senate
Chamber; not here where our Camus, IN the hour OF
our greatest peril sngehanded, met and bailed the
enemies Of the Republic not here, where
he stood faithful among the fathless; not
here where he fought the good light for
the Union and the Constitution; not IN this chamber,
whose walls echo with that clarion voice that IN the days
greatest danger carried nope and comfort 10 many
"A despOnding heart, strong an army with DannerS
Seek out rather the darkest and g00mest
chamber in the suberranean recesses Of this Capital
where the cheerful light Of day never enters. There
erect the altar and immediate the victim.
he adjourned.