New-York tribune., 1868-04-10

trial OF the President OF the United States Here
| two sentences entirely inaudble-Reporter In
asmuch as the Constitution requires that there shall be
trial and inasmueh in that trial the oath which each
according Constitution and laws, the only appeal
that l can make here in behalf Of the Preddent
Of each Judge who sits in this court the law
and the fact in the case upon It's judicial merits on the
duties incumbent that high Office by virtue OF his OF
fee, and his honest endeavor TO discharge those d
tes the President rests his And pray eaeh one OF
Judge for hs own sake, but which cannot expect by
any efforts OF mine 10 elicit while open 10 you what
that defense The honorable Managers, through their
associate who has addressed you, have informed you
acter OF this body bound by law ON that subject
shall have something hereafter 70 say The honorable
no articles before YOU because statement effect
woud be in substance 10 that there are honorable
Managers before you, inasmuch az the only power Ivy
which the honorable Managers clothed by the House
of Representatives an authority to present here at
your bar certain articles and within the limits OF them
to conduct this prosecution. Therefore, ! shall
make no sP9Og for asking your close attention
presented TO ascertann the first place what the substan
la allegations IN esch OF then arr wna - 70 pc e egt, ~
necessary 10 be addueed in order to sustain them shall
begin with the first article not merely because the House
of Representatives arranging these articles has placed
them first III order but because the subject matter IN that
article such character that forms the foundation
Of the eight first articles In the series and enters ma
teray into the body OF the remaining three What then
lawyers called the grapanea contained in III There is
good deal of verbiage don't mean unnecessary yer
in that article stripped Of that 1t exactly TO
these things; First That the order out IN the article
been violation OF the Tenure Of office act Second That
It violation Of the Tenure-otoffce act; Hrd That
ofofhce act; Fourth, That i was IN violation
of he Of By s se pEasSen 10 s 90
or to draw all these into one sentence which hope
e0 Of
mova OF Mr.. Stanton was and was intended to be, q
the allegations which it necessary for the honorable
Managers TO make out in order TO support that article
deeply. have already ntimated into the first eight
articles Of this series and materially touches two others
invite the attention of the Court. That question is
whether Mr. stantons case comes under the Tenureof
effect of the Tenure-oOice act when applied TO the
facts III this include ithen It VIII be found by the
honorable when they 10 examine this and
the other articles, that deep indefacabe and material
wound has attempted 10 be inflicted the Constitution
must ask your attention, therefore. o the question OF
the consideration and Application OF the hrst section oI
dry work but IT requires and careful attention,
and no doubt viii receive IT, Allow me- IN the hrst place
10 read II
pointed by and With The advice and S@a'-n he senate ana yer
da qualified to act therein and ,ha be eaiel to boa sgeh oace
S, SsI , acf,G, " e1 ia, I ~ M anu '' qua"
Then comes what Is otherwise provided:
Provided that the Secretaries Of state War Of the Navy And u
The Interior the Pomats General and the Atoroe 'sntra .A
S% N MAJ o 1's s lem r.. sPsa .e %. ' S % ~ e '
Here a section part Of which applies 10 All civil Of.
fceTs. well 10 those then n Office as TO those who
thereafter
ton contains declaration that every suSh oIheer is
that is II he is IN Office and shall De, that IT, II he
shall be hereafter appointed TO ohce eniied 10 hoid
until another Is appointed and gualhed ia MS place
That the body OF the section But out OF that body Of
the section is explicitly declared that there Is TO be O.,
eepted particular class Of officers a, TO whom some
thing Otherwise provided that ~ different rils Is to
made for them. Now the senate viii perceive That IN
the body OF the section every officer, well those
then holding office those hereafter 10 be app0nea IS
any civil office 10 which he has been appointed
by and with the advice and consent OF the senate aad
shall be entitled TO hold etc" IL affects the present II
sweeps all who are In ONCE II includes thom all by
It's terms as well as those who may hereafter bo aI-
polnted but when You come To Tie pfoS,so, the mt
n0fSs9e tSS eyer G seeafy % Of state or Of the Treasury or
of War etc. Is 10 hold bis oice IL hHes rule Tor Tue IN
uro only aud the question Thether any secrc
tary comes that nleis dneston whether ho comes
within the general description Contained IN the pOyso
There nothing 10 bring him within the proyiso There
that he is and hereafter su De entitled tO od s Vhce
etc; nothing TO bring him within the body OF tho pro-
yisO except the description, and the question s whether
the proviso contains apphes 70 ana neiuhes thb cse
Secretary Of the Treasury, etc. shall hold their offices
respectively for and during the term OF the President 6
thePeafter. PG ets'8 Tie arst Inquiry Which arises on
this language is this: as to what Is meant by @ ior
they may have been appointed" Mr.. stanton al
pears by the commission which hn: Seen ,!en y1
appointed during the first term OF President Lpeo' IN
January 1902 Is This part OF the Language, ons sne
pointed applicable 10 Mr. StantOns case That dpenus
whether 6eT9n any @ oGeT T en or Sc fe
may afterward lie elected by what authority soi ~ ~
statute "during the term Of the Presidcp' DOCS " /
mean any other term or terms for which " UNI
judicial Interpretation can be Put upon enoyl ~ Mr.
time when this order issued for M, W ',. III
whom pf he was appointed The honOne Managers say
yes, because as they say, MT J0bn-n Rptys tot -
under the provisions Of the Conydtuta OF tho United
States pray you 10 allow me 70 tgd s one a. hc
first the section Of the second aUc VI INC Nohs
tuuOni which says; - 49,,
States Of AEsds b. sha bold bis iug III, term Of sr year,
sSs sI.e:s{ s{Ft'Sfa si tlios.'i s's 'H'
There is calculation that the resident and the Vice
President is each respectively noa a ns p.e iTr sr sTe
qualification OF that staeIent IN case OF the re-
nation or Inability TO dscharSethe power
the said office, the same shall evolve on he V,ee.PTes
ideDt Is elected for the tern 81 four year and each
elected for the term the resident s no to hold his
wears is not an absolute lint THERE'S a;cnditional
limit, the lawyers term it, mpo,ea and whei accord
dent dies or 10 removed theT his tern OF four Years. for
which he elected, and during whch lie wa, % hold
the Office devolves on the NcePresibnt For whaper
cd Of time For the remainder OF VI te yer iOI WnG the
nnder his provision Of re Constitution Of the unisa
in calling The time durns whie %r. 'SnH,Gn hoi
HIM "a part Of Mr. IlncCn's tim than thete would
be pToPfieiy in sayDE sovereign @ by GeaiG holds
eyt 81 his uredccessors term The term assigned by,
lie CONSTITUTION as a cOndtions assignment ii was TO
last fonr yeaTs II not sooner cnda but sooner ended
10 destG then the office was o deyOve the Vice
President; and the term OF ~ yicePresiient 10 bold
attce then began submit tho that on this language
a. ~ eansily ainaront that Mr. santoLs caInot be
considered as within this ac Thu law, however, as
Senators very well know, hsda pnIloSe ineIe was a
ractical ohect In view and owever lear u may seem
that the language Of the law yhen applied to NJ stan
ton will exclude that case de mere Words Oh te law,
~ lie rurnose can he disclosed aud thatpurpOse plainly
re1ni,ed different Interpretation thatdinerent inter
nretatlon sh0ud he given But On M te yer nanny ~ 'e