The New York herald., 1868-02-25

Detween ot Inomss, Iyng. Johnson, stanton,
Alaska, vesuvius. Pike ana the Academy,
affairs at present are considerably muddled
and no one can complain Of ennui
Deposition Of the President Of tho United
States-Usurpati0n OF Executive Power. by
Revolutionary Directory.
Happily for the country, the radical party
drives furiously onward to the inevitable goal
OF selt-destruction. Already Is has gone so far
in appeals to higher law and so-called neces-
sily, in defiance of the established order of
our government, a. to set aside the President
OF the United States and turn over his powers
to revolutionary juna, or directory, Of which
Mr. Stanton is III. unscrupulous head. In open
AMI conscious defiance Of the fact that the
President, under the constitution, is the su-
preme mlnder OF our armies, ii has been
directed, as If by General Grant, that no part
OF the army shall respect the Presidents order !;
AMI Mr.. Stanton holds an executive depart
ment In defiance OF the Executive, while Obe-
dience to the Piesiden,s command in the
discharge Of necessary duties Is become an
offence and cause of incarceration in jail.
AMI this IS neithr more nor less than usurpa-
ton of tho power that resides only in the
President under the supreme law, that the
supreme law in ended should reside in the
President, .nd OF which only certain speci-
fieI process not yet taken can deprive him.
And how AMI WY are these destructive AID
dangerous measures OF preceden. takeny In
carrying on contest initiated 10 secure the
supremacy OF faction Mr.. Stanton is the
centre and seed Of all the evil, as the tool OF
the meaner purposes of his party. He, though
hostile to tn, policy OF The Executive, WAS
deputed to hold his place in Ae Cabinet as a
spy. Suspended by the Presi lent, the Senate,
exercising q doub tful authority, restored him
to his place, and the President, taking higher
ground, removed him and appointed his sue
cessor. And now tn, President is not only
ignored, but is to be impeached, they sey.
Impeachment, great constitutional process,
Is TO be dragged in "a the weapon OF tle fac
ton. Impeachment is invoked, not as purg-
ing process to purify power, not as a means Of
ass -rtng the preservative vitality of tho law,
but as political mannuvre for in this case
it is nothing else. II IS merely the next step
against the President in the aght over Stanton.
No offence is charged save one committed
un ler the Tenure Of Olfi;e law against Mr..
Stanton, which that law says shall be I" a high
crime" Il should be remembered as this
moment that Congress ca1not make gen.
erll principles. The fact that the Tenure
Of Office law declares certain thing
shall be high crime does not
make it high crime. The high crimes for
which the constitution provides that the Presi-
dent shall be impeached are to be ascertained
from the cons itutional standpo Mt; and for
Congress to pass Laws pretending TO define
what tho consultation means is to ridiculously
mistake Its place. Cong ess might as well
declare that to toss copper in the air shall
be murder as to say that to remove secretary
shall be high crime.
But IL Is otherwise said that the President
will be impeached for proceeding in violation
of law which comm snds him to leave STAN
ton alone. |! is declared on all hands, and it
il the fashion to dsclare, that the President
must obey and execute every law that Con
gress passes until the Supreme Court has de-
cllrcd it unconstitutional but notable point
against this view is the position lately taken
by the republican party itself, th,t the
Supreme Court has no power to declare law
unconstitutiolal on'y to decide special points
in cases. If the Supreme Court has no power
TO review q law, al republicans declare, hen
here can be no necessity for the President to
wait for the court 10 exercise such power
Hereupon the question will arise whether or
not the presumption is in truth always
in favor Of the law Is there not in
lawmaking certain point going hey ond
which The presumption is the oth.r way? Aud
must not the President, from the nature OF his
office, be for himself tie ju lge which way the
presumption falls? This notion that tie Pres
dent must accept all laws stands on tho consti-
tutional requirement thai he "shall sec that
he laws are faithfully executed" This would
require him TO find out what acts arc laws; and
il is absolutely and unchangesbly true that an
&C; no made in conformity with the constitu.
Linn-=,with the organic original pr nciples 0 the
goyernment-is not law, and never becomes
q law, ani oil proceed ngs that may be taken
under such an act void from the commence.
ment No doubt Is entertained Of this by the
highest authorize.
There remain, therefore, the fact that 10
remove Secretary is not and cannot be made
high crime and the high probability that the
President has no. done wrong in obeying the
organic law rather than certain act of Con-
Rress where the Two wero in conflict No one.
in view of our recent history, can suppose that
any other than the power of party passion
moved The House in It's action yesterday. But
how a i with tho Senate! II may not be 50
widely different; and there is no great conf
donce in the country that even tbat boly will
raise itself above the political tumult and Judge
the great topic on lis merits. Bat beyond thes,
loom The masses Of the people watching aud
waiting Tor the hour when the ballot boxes