New-York tribune., 1868-03-31

these and similar have prevented the managers
tency OF one Of the trieIs OF affinity to the accused
We believe is hls right nay his duty 10 the state he
other matter which should before the senate HIS
,eaI ana Voe belongs TO ms ~ S. be sfu ,nd d
ment upon every grave matter that comes before
voved in tins trial raising questions Of interest to he
constituents OF every senator Is his right ana duty to
express himself fully and freely upon snc questions
upon any other, even to express belief In the guilt or
innocence OF the accused say he will sustain HIM IN
ton brought. Let illustrate Suppose that after this
impeachment had been voted by the House Of Represen
lie meeting sustain the President against what they
pleased to term the tyrannical acts Of Congress 10
senator to attend and take part in such meeting 40 no
conceive that 1t would or ought to be egaS 2ctii tii
against him disqualification 10 SIT upon llS ~
upon the principles have stated II he should a,eu % o
gsH% e ne. NS or ae R not been able to find
any legal objection IN tile books 20 MS WIlalg c ~
''"s '"0 'oiO"inS' ''ssy.7r cuAnprn, Fes 2. 1872
GESrLEsES: Ny public 1ad S re Joo ST"
don % 70 be present sr snd s t6s meeting 70 e @
she President o United sincerely eudeasod to T'ssIye
''siS, .s cSS IoePs M & ASa tbs sS Do o
S,y done me bs oar Invitation sud egetg moi poSer
seesP, reHaH with rcgST yOnI oOeie1t ser,snt ,
We should have as much right 10 expect his vote
clearly proven OF guilty as had hing Hehly tne
Eighth to hope Tor the vote OF her father Against his wife
lie got 1t. King Henry knew the strength OF LIS case and
II it bo said that this an nfeCty sufficient and
decisive that II s the inelcity OF precise con-
the sole power TO Try mpeachments ana @ enc s on
sr8 @ ~ o 1f%ss SS 90 Sr the preSet are necessary
for conviction To this raie there but one possible eG
ceptOn, founded on both reason ana authonty' that
Senator may not be a judge IN his own case.
Tho first eght articles set out in several distinct forms
the Of the respondent in removing dr stanton ron
oiee and appointing MI Thomas "a d n hs ,en Sh ~
which either both Of the acts we're done ana tne ega
duties aud rights nfngcd and the acts OF Congress Nio
lated u so doing All the articles aege these acts to be
conraventOn O his oath Of Office, and in disregard of the
might have the poaccr to do them under the luw STILL
being DONE they acts Of official misconduct and as
power 10 do many acts which, IL done IN osegara OF MS
pSWer SSy 81 Il Gr an oSa nsde@eanor ET S he has the
power pardon; II exercised IN given case Tor cor
pardoning ali criminals. il would. he misdemeanor
Examples might be multiplied indefinitely Article nrsL
stripped Of all legal yerbage alleges tat .hoiag h sts
pended Mr. stanton and reported the same 10 me senate
which refused TO concur N the suspension, ana son %
having rightfully RESUMED the duties OF ms once
the respondent, with knowledge OF the iacts
moysi. with intent 10 violate the act OF March 2
1867. 10 regulate the tenure OF certain civil ON
ton Office of Secretary of War then In the lawful
discharge Of It's duties IN eonTaventon OF saa aGt VIII I'm
Constitution of the United States Article charges that
rbrnaIV iSs issued letter Of authority to Lorenzo
Thomas to act SECRETARY of War Gd interim the Senate
and Slth intent TO violate and the Constitution there
being vacancy in the ohice OF Secretary OF War Artl
Gle alleges the act done without authority OF
law, and alleges intent to violate the Constitution
Article charges that the presiaent Sops6eq % nts %Sh
by nindaon and threats to prevent Mr stanton IrTa ON
charges the same conspiracy with Thomas to prevent
T vent e sEscaon S I the civil tenure sS Article
c charges that the President cOnspned with Thomas
troll ''aS Il tSe aHa Rsr DopaTent 1as BY in com
rayentGn Of the act OF July 81 i0S and Tia intent 70
the same conspiracy with intent only to violate the cy
may all be considered together as 10 the proof TO sup
poft them. 1t will be shown that having removed stan
ton and appointed Thomas the PreSicSnt sent Ihomas
to the War Oiee to obtain possession thai having been
met by Stanton win denial S & hs Sn Tbomss re-
asserted his purpose TO take possession OF the War Once
Intentions so to do but was prevented by being promptly
arrested by process from the court Ihs VIII DC shown
ss,oD ses Of t6e War 6ee was made by Gem Thomas
already made public BY the testimony Of the Hon. Mr.
Buiegh, whO after that IN the evening OF the 2is Of
February told by Thomas that he intended to take
possession OF the War Office by force the following
and invited him up to see the performance Mr Bur
thomas had been arrested and held to bail BY Thomas
bOasting Wizards Hotel the evening that
should call Gen. Grant for military force TO put him
possession Of The Office aud he did how Grant
inent Of Thomas was made for the purpose Of getting
control Of the disbursement Of the moneys appropriated
dOn 70 the proof already addueed, II Will be shown that
after the appointment OF Thomas which must m have been
caused formal notice 10 be served on the Secretary Of
S lie 70 sne for s1 o a d 5e Ssi % sn
oEly9reyened by tho nInness Win winch stanton re-
oce It viii be seen that every fact Charged in Article
admitted by the OF the respondent; the in
Il also admitted charged that is 10 say, 10 sec
aside the Cyil Tenure-of Once act, and Mr.
from the Office Of the Secretary for the Depart
Of War without the advice aud CODseDt OF tho Sen
and II not justified contrary to The provisions Of
the Constitution itself The only question remain
Constitution and lawsf on this be AYERS. that by the
President, a
part OF the executive power tho power at any and all
dimes OF removing from Office all executive officers for
cause be judged Of by the President alone, and that he
verify believes that the executive power OF removal from
Office eOnfded 70 him by the Constitution az aforesaid,
includes the Of suspension from Office Indefinitely"
Now, these Offices vacated, must be filed, temporarily
at least by bis appointment because government must
the laws organized government; he claims, there
FORE OF necessity, the right 70 al their places with
restrained limited any degree by any law Of Con-
ges because. he AYERS that The power was conferred
and the duty exercising ID n ht imposed
the President by the Constitution Of the United States,
and that the President could lot be deprived OF this
power, relieved Of this duty nor could the same be
vested by law IN the President and Senate jointly either
IN part or whole"
This then, is the plain and Inevitable issne before the
der the Constitution the more than kngy prerogative
at will to remove from oihee, and suspend from oice III
either cy military, naval at any and all times and
All the vacancies with creatures OF his appointment,
for his own purposes without any restraint whatever
possibility of restraint by the Senate or by Congress
through laws duly enaeedi Inc House OF Representa-
that the exercise of such high mlsdemeanor
in Office II the affirmation s maintained by the respond
nnloss such corrupt purposes shown will Of them
selves make the exercise OF legal power crme-the
heefore by these rtices aud the answers thereto
onentous question here and raised whether the
Docer claimed or 10 ought IN Ioe 10 ers as part Of the
constitutional gorer1lment Of free people while by the
DO determined whether Andrev johnson has so con-