The New York herald., 1868-03-31

purDOSe which Is tnS SHOWN 10 De an aIterlnOuglt,
hr would have said, In Observation-Disclosures OF
the Senate in order to test the c0nsttutonalIty OF
the law entitled AN act regulating the tenure OF GER
unconstitutional and void, / have issued an
order OF removal Of +. NJ Stanton from the
ONCE OF Secretary Of the Department OF War
/ felt myself constrained to make this removal lest
Mr.. Stanton should answer the information in the
nature OF quo Warranto, which intend the Attor
he holds the ofiice OF Secretary Of War by the ap-
pointinent and authority Of Mr.. Lincoln which has
collision or disagreement between the several de-
partments OF the government and the Executive,
lay before the Senate this message that the reasons
Tor my action rs well as the action ITSELF for the pur
pose Indicated, may meet your concurrence Had the
Senate received such message the representatives
of the people might never have deemed il neecassaf
to impeach the President for such act 10 Insure
the safety OF the country even II they had denge
the accuracy OF MS legal position On N contrary,
intended to be so In etfect-ordered IN officer Of
the army Lorenzo Thomas, to take possession OF
a,s,,o the oiiee ana eject the incumbent which he
risk OF inaugurating insurrecton, civil commo-
tion and war. Whatever may be the decision
OF the legal question involved, when the comes
before the hna judicial tribunal, who shall say that
such conduct OF the Executive under the circum-
stances and under the light OF the history OF current
events, and his c0ncomitant action, Is not In An
drew Johnson high crime and misdemeanorY I'M
agne, II It were possible, the consequences OF de-
guilty upon this proposition. A law is deliber-
atey passed with oil the form of legisla-
Se s bS 70 e re- o
with his objections, is thereupOn reconsidered, aud
by yea and nay vote OF threequarers OF the repre-
sentatives ofthe people In the popular branch and
threeourths Of the Senators representing the States
in the higher branch Is passed again, notwithstand
Ing the veto; acquesced In by the President by all
departments OF the government conforming thereto
for quite year. no court having doubted its validity
Now its provisions are wiiuly and deslgnedy violated
by the President, with intent to usurp TO himself the
very powers which the law was designed to limit,
for the purpose OF displacing meritorons officer
whom the Senate had just before detcrm d ought
and should not be removed for which h handed
act the President Is mpea.hed In the Of all the
people Of the United States by threefourths OF the
House OF Representatives and presented at the bar
OF the Senate, and by the same Senate that passed
the law-nay. more by the very Senator's who, when
the proceeding came to their knowledge, after
redeliberatiOn of many hours, solemnly declared
the act unlawful and in violation Of the constitution.
That act OF usurpation IS declared not to be high
mlsdemeanor IN Office by their solemn verdict OF not
guilty upon their oaths. Would not such Judgment
be conscious self-ObnegaiOn Of the intelligent capac
ity Of The Representatives OF the people in Congress
sembed, to frame laws for their guidance In accor-
dance with the principles and terms OF their cOnsttu
ton and frame oftheir governments Would it not be
a notincation-an invitation Understanding to all
time to any bold, bad, aspiring man to seize the
liberties OF the people which they had shown them
selves incapable OF maintaining or defending, and
playing the role OF Caesar or Napoleon here to estab
lish despOtsm; while this the last and greatest
pertinent OF freedom and equality OF right in the
people, following the fong line Of buried republics,
would sink to Its tomb under the blows Of usurped
power from which free representative government
snail arise 10 tile light OF morn OF resurrection
neverm0re neverm0re fOreverY
AT five minutes before three O'Clock Senator WILL
SON interrupted Mr.. Butler to move that the Senate
take recess of ten minutes
Mr.. BUTLER-I am very much obliged to the Sen
atOr.
The CHIEF JUSTICE put the question on the motion
and declared 1t adopted and the Senate took recess
accordingly.
The Chief Justice promptly called the Senate to
order ut the expiration OF the ten minutes and Mr..
Butler continued ..-ar
Article nine charges that Major General Emory,
washington the President called him i,efore % him n,
and instructed him that the act OF March 2, 1867,
which provides tat all orders OF the President shall
be issued through the General Of the Army, was un-
constitutional and inconsistent with his commission,
with intent to induce Emory to take orders directly
from himself, and thus hinder the execution Of the
Civil Tenure act, and to prevent Mr.. Stanton
from holding his office Of Secretary OF War.
II the transaction set forth in this article stood alone
are 50 pointed and significant as to leave no doubt on
purposes OF the President No one would say that
the President might not properly send 70 the com
Of % o Sa e
me Pres PTssasl,t 4, send for !, General Emory
ment OF the act. Congress had passed an act in
March, 1867, restraining the President from issuing
ulultdIy OTicTs save MTOuRn lEe GeIerdI OF TIE
Army. The President had protested against that act
ON the 18th Of August he had attempted to get pos
session OF the War ONCE by the removal OF the
incumbent, but could only do so by appointing the
General Of the Army thereto Failing in his attempt
to get full possession Of the onlce through the
to remove Stanton ut ali hazards, and en-,
deavored to prevail on the General to aid him in so
doing He declines, for that the respondent quar-
rels with him, denounces him In the newspapers
and accuses him OF bad faith and untruthfulness.
Tnereupon, asserting his prerogatlve as Commander
the Atlantic lie attempts to brbe Lieutenant Gene e.
raj Sherman to take command OF It, by promotion to
the rank OF general by brevet trusting that his mill
tary services would compel the Senate to confirm
him. II the respondent can get general by brevet
appointed he can then by simple order put him on
duty according to his brevet rank, and thus have
general or the army I'm command at Wash
ineyton, through whom he can thus transmit his
orders and comply with the act which ne
did not dare transgress AZ he had approved IT, and
get rid OF the hated General Grant. Sherman
spurned the brbe. The respondent, not disc0ur-
ased, appSn.ea Malor 1eheIal ~ ~George y. Ihonas 70
stimulated the order OF the President Just at that
time, almost three years after the war closed, but
just alter the senye renstated Stanton, to reward
military service by the appointment Of generals by
brevetf Why did his zeai Tor promotion take that
form and no others There are many other merito-
rious officers OF lower rank dcsrous OF promotion.
The purpose is evident 10 every thinking mind. lie
had determined to set aside Grant, with whom he
conformity with or In spite Of the act OF Congress,
and control the military power Of the country. on
the 2ist OF February u0r all these events cluster
nearly about the point Of tinie) he appoints
Lorenzo Thomas Secretary OF War and orders STAN
ton out OF the oIilce stanton refuses to go Thomas
IL about the streets declaring that he will put him
by force-"kck him out'-hc has caught his
m mas er's word On the evening Of the 2lst a resou
ton looking to impeachment Is offered In the House.
The President, on the morning OF the I'D, as early
a. practicablc,' Is seized with sudden desire to
know how many troops there were IN Washington.
what FOR just them Was that all he wanted TO
known II So his Aduant General could have given
him the Official morning report, which would have
shown him the condition and station OF every man.
hut that was not lie directs the commander the
department 10 come as early rs practicable. Why
this haste to learn the number 0f troopss observe
tile order does not 60 through General Grant, as by
law u ought TO have done. General Emory not
knowing what wanted OF course obey ed the order
as soon as possible. The President asked him II he
remembered the conversation which he had
with him when he first took command OF the de-
partinent as to the strength OF the garrison Of
Washington and the general disposition Of troops IN
the department. Emory replied that che did dis
tincly.n That was last September. Then, after ex-
planning to him fully az TO all the changes, the Pres-
dent asked for recent changes Of troops. Emory
denied they could have been made without the order