Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-05-02

not come upon us. ~
What new and unheard of conduct by
President has at last made resort 10
tnls extreme remedy Unavoidable? What
PRESIDENTIAL acts have happened so fiagrant
Chat all just men of all parties are ready
10 say the time has come when the mis-
cnlei has been committed, the evil is at
WORK, SO enormous and pressing, that in
Tue last year OF his term of Office 1t is not
sate TO await the coming action of the peo-
pie?
If such case has happened, all honor.
able and just men of all parties will say
am n; but ii, on the contrary, it should ap-
pc tlat this fearful power has been de-
grdded and perverted to the use of party
II it appears that at last bad advice, often
before given by the bad men of party, has
fund acceptance, this g eat tribunal of
Justice, now regarded with so much awe,
will speedily come to be considered as a
monstrous sham. If it should be found to
be the willing instrument to carry out the
purposes of its party, then there remains
for 1t and every one of its members who
participated in the great wrong, day of
awful retribution, sure to come nor long to
be DELAYED.
But will not anticipate nor speak fur
ther of the case itself until its true features
are fully developed. a5.-
He claimed that the alleged high crime
and misdemeanors were all founded upon
mere forms of executive administrations,
as violation of rules laid down by the Leg
islative Department to regulate the Execu-
tive Department, and proceeded to show
what was the course of action of the Exc
cutive before these rules were adopted.
The tenure of Office act also introduced
new rules. 1t did not take away the Presi-
dents power, but fixed the mole. He asked,
If the President chose to follow the ancient
rule. ifhe was impeachable for so doing?
Mr.. Stanbery then proceeded to analyze
the articles of impeachment, show
ing that four statutes of the United
States were alleged to have been
violated, three of which provided penalties
for the violation, and declared such offense
high misdemeanor and high crime. The
first eight articles on their faces state that
Stanton has not been removed, and the
crimes and misdemeanOrs charged in re-
spect to putting Mr.. Stanton out and GEN
eral Thomas in, are things attempted and
not things accomplished.
1t is the attempt with unlawful intent,
that the President is to be held response
BILE for. So it is a vital question whether
the penalties prescribed by the statutes al
leged to have been violated, purport to
punish not only the commission OF the
acts, but the abortive attempt to commit
them.
Mr.. StanJery proceeded at some length
to show that Stanton's case did not come
within the provisions of the tenure of Of
flee act, the proviso to which makes dis
tinction never made before in giving q new
and better tenure to the Cabinet officers of
a President who were nominated by him or
appointed by him with the concurrence of
the Senate. The theory is, that having
had one tree opportunity of choice, he
shall be bound by it. but as to Cabinet off,
GERS selected by a former President who
hold merely by his acqlieseenee or suffer-
ance, they are entitled to no favor and re-
ceive none.
The construction given by the managers
leads to this inevitable absurdity, that the
class entitled to favor are clear at the end
of a month, while those having a less meri-
torious title remain indefinitely. What
was intended as benefit becomes a mis-
chief, ana the favored class are worse off
than If no favor had been shown them from
those entitled to protection. 1t is taken
away to be given to those not entitled.
When President johnson was invested
with the oath of office he found Stanton
holding the Office of Secretary of War. He
had been appointed by Mr.. Lincoln during
his first term, and was holding in the sec
ond month of Mr.. Lincoln's second term.
1nder the old appointment. He was neither
| appointed by Lincoln or johnson for that
second term, and consequently never had
any tenure of Office under the tenure of
Office act for the current Presidential term
|
to hold against the pleasure of the succeed
ing President. One moment after the eX
piration of one month, at that time their
! right to hold ceases, and then the Office be-
comes vacant. The policy declared here
is uhmistakably that Notwithstanding any
thing to the contrary in the act every
President shall have the privilege of once
selecting his Cabinet.
As to the three incumbents of Johnson's
Cabinet selected by himself. his power is
exhausted. They are entitled to hold
| throughout his term in defiance of his
wishes. The other four do not come with
in that clear policy of giving every Presi-
dent an opportunity at least to exercise his
independent right of choice.
| Then, if as to them he has the right. how
can he exercise it, If, as in the case of Stan
ton, the cabinet officer holds on after he
has been requested to resign. That mode
is left to the President to avail himself of
his independent right when such an officer
refuses to resign, none other than the pro-
cess of removal, for he cannot put the man
of his choice in until he has put the other
out.
So independent right of choice cannot
under such conditions he exercised at all
without the corresponding right of removal,
and this necessarily implies the other.
We have it that The tenure of office fixed
by the proviso for Cabinet officers applies
only to those members of Johnson's Cabi-
net appointed by himself, and therefore
does not apply to Mr.. Stanton.
If there is any other clause which ap-
plies TO Stanton, it must be the first gen
eral clause, and if that does not apply to
him then his case does not come within the
purview of this act at all, and must be
veiled by pre-eXsting laws, which make
him subject at all times to the pleasure of
the President, and to the exercise of his
| lQ0pDeDO6Qt nOwer of removal.
The managers claim that this clause gives
Stanton new tenure. If this is so it fol-
lows as inevitable that no succeeding
President can reomve him. He may defy
Mr.. Johnson's successor, as he now deties
Mr.. johnson.
At this point Mr.. Stanbery rested until
tomorrow and the court adjourned.