The New York herald., 1868-03-03
Adoption Of the Charges Against the
President by the House.
Protest of the Conservative
Representatives.
Senatorial Debate on the Rules Gov.
erning the Trial.
THE IMPEACHMENT QUESTION.
WASHINGTON, March 2, 1868.

IN possession OF their names but you have heard
. little scene that preceded the election. Tickets, II
seems, had been prepared with the Of the cand
dates for managers written thereon On these tickets the
name Of Mr. Stevens appeared first, then Mr. Buffers
and then Mr.. Binabam's Tho order Of precedence on
the tickets had been agreed upon in caucns Saturday
night, when it received that Mr. Stevens should be
made chairman and Mr. Butler hold the place. with
tho understanding that the latter would have all the
heavy work. 1t considered that "Uld Thad would
Do physically incapable Of bearing up against arduous
duties he would have perform The mouthpece and
master spirit OF the MANAGERS.
When tho time for election came to-day, however an
anlooked for rumpus occurred. Mr. Bingham. insulted
and mortified to find himself below Butler on The tick
gave vent TO his feelings in most decided manner He
Was heard to exclaim. while no knocked on his desk
vith closed fist, 'll DO d--d If serve under Bucr
. man who denounced to tho country az a murderer
II is no use to argue. gcntlcmen, l won's do IT," A
srowd OF friends assembled around the excited member
from Ohio and endeavored to calm his excitement by
reasoning Mr.. Boutwell,, OF Massachusetts,, ap-
peaicd 10 Mr. Bingham to be calm and
let things 60 quietly, as the order
could easily be arranged alter the election; but Bng.
ham was nexorable and inappoasaba He repeated his
determination not to serve under Butler and not to
allow himself to 60 before the country under any cir
sumsances as playing second fiddle to the Lowell
statesman.
Nj. Binghams manner was so emphatic and earnest
That there was nothing left but to make change even
IT the eleventh hour Should Bingham back out Of
impeachment even after committing himself so
srongly, no one could say what would be the sonse-
suencc Tho state OF tho was therefore, hastily
Explained TO the bulk OF the republican members
and the result was that whom tho vote an
nounced Bingham appeared at the head OF tho
hist, Boutwell, next Butler the tail, and
Did Ihad bringing up tho tip end. This sudden
prostration OF 3D. b., nland corresponding elevation OF
~ b., his deadly enemy. So much for little vigor
Gus eloquence not intended for the public ear.
Proposed Action In tho Senate.
The first thing the prosecution In the in npeachmen
sral expected to do is challenge Senator Patterson
OF Tennessee, being allied the President by such
close private and personal relations to bc deemed
predsposed IN his convictions about the merits OF the
case. The defence will also, II is said challenge Ben
Wade, the ground OF holding personal interest in
The trial. and therefore bringing biased judgment 10 its
consideration. The removal OF these will have no
other effect on the ultimate verdict than simple pair.
1ngor
On Friday last the President gave instructions to
Nessrs. Mcrrick and Cox 10 mako application for
writ Of quo codno the object being to bring the ques
uon whether Mr. Stanton holds rightfu possession OF
United States; but nothing Of any importance has yot
been done In the matter owing 10 the absence FROM tho
rity until last night Of one OF the counsel.
There seems to be but little hope expressed by emil
lawyers that the object sought Will bo all ad
yancsd by insltutng such suit in the Supreme Court
or this District Tho opinion has been expressed that
delays will be created and obstacles will bo thrown
Tho way by the friends Of Ar STATION sufficient to pre-.
vent the going the United states Supreme Court
within the next two years.
From all that has transpired OF the secret consultations
held among the controlling mon OF the radical party IL
certain that they Will evory In thcr power
70 avoid decision in the United States Supreme Court
before the impeachment trial is concudd for they
well convinced that the Tenure OF Oice act does
apply TO Mr.. Stanton In the most remote manner.
Since the removal OF Stanton some oil the most dis.
tngushed lawyers in the city have bean giving the law
andthe constitution bearing tho question thorough
examination and all OF them that your correspondent
hss conversed with have expressed their unquali-
Ned opinion that Mr. Stanton claim nothing
more, by liberal construction OF tho law than
that he Secretary or War dc Jacto that he s Secre
sary OF War in possession OF tho Office who refuses to
be removed herefrom and who dares simply because
he Is confident OF beng supported by Congress- whether
right wrong tho common object being to force tho
President into act that would warrant bis impeach.
ment
Mr. Stanton having no Legal right 10 the ofncc no
holds and not coming under the protection OF the Ten.
ure OF once Law, tho impeachment articles preferred
against the President by House or Representatives
fall to the ground II is contended that tho Tenure Of
Once law does not apply to Mr.. Stanton inas-
much a. tho 1rst clause OF that Law ex-
prsssy states that "rorsons holding or appointed
70 any civil Office, by and with the advice
and OF tho Senate shall he entitled to hold such
Office until a shah havo been in ike manner
appointed and duly quained. The Secretaries OF State.
or the Treasury Of War; Of tho Navy and Of tue Interior
tho Postmaster General and the Attorney General shall
hold their Offices respectively FOR and during the term
OF the President by whom they may have been ap.
pointed and for one month thereafter subject removal
by and with the advice and consent Of the Senate"
Mr. Stanton, it is argued appointed by Prosi.
dent johnson. was Mr.. wcles or Mr. Seward none
Of whom affected by tho Tenure Of once law The
effect OF this law Is TO place beyond tho power OF The
President TO ronove any Cabinet oIlcor who
holds . commission granted by President John.
son since March g. 1895, snd who was con.
urmsd az such by tho Senate. The commission
OF Mr. Stanton discoses that lie was appointed by
President Lincoln, and 1902 But II ia claimed that
though IT be admitted for the sake Of argument
that the OF once act docs apply 10 all the
bs OF the present Cabinet appointed during tho exist.
ing rn the radicals assert The President has
violated the law, because Mr. Stanton mol reap.
pointed by Mr.. Lincoln at the commencement OF his
second term. Mr.. Lincoln may not have been dts.
posed to mako any changes In his Cabinet whom he
begun the second term OF his administration, and may
have told the officers Of his Cabinet at that tins 10 con-
sinue in the discharge OF their da,ies which only made
those officers members OF the Cabinet dc faco THIS
authority sufficient 10 iegass their acts Cabinet
ministers aud heads OF departments, but thcy were
only tenants a, Will, and bad legal hold upon their
oiacos until rocommIssioned and rcconnrmsd by the
Senate.
According to the Tenure OF 0ice set, I'm regarded
"a retrospective Mr santcn's commission expired on
tbe 6in or April 1885, month after the cioso Of Mr.
anceln's nrs term aud the Law in question could not
therefore, apply TO him by construction whatever
Even supposng thai Mr Lincoln appointed Mr. stanton
o. tho begnnng OF his second term, by simply recos
n,1ing h 4, ,~cJe'arr ~ War IN order bring hin