The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-05-02
the accusation and the defence, and to

q
pated that an emergency might arise in
which nothing but such power could
be effectual to preserve the republic.
Happily for the eighty years of our po-
litical existence which have passed, no
such emergency has hitherto arisen.
During that time We have witnessed the
iiercest contests of party again and
again, and the executive and legislative
departments have arisen in open and
bitter antagonism; favorite legislative
policy has more than once been defeat
ed by the obstinate and determined re-
sistauce of the President; upon some OF
the gravest and most important issues
that we have ever had, or are
ever likely to have, the Presidential
policy and the legislative policy have
stood in direct antagonism. During all
the time this fearful power was In the
hands of the Legislative Department
and more than once a resort to it has
been advised by extreme party men as
sure remedy for party purposes, but
happily that evil hitherto has not come
upon US. What new and unheard OF
conduct of President has at last made
resort to this extreme remedy unavold-
able; what Presidential acts have hap
pened SO fragrant that all just men of
all parties are ready TO say the time has
come when the mischief has been COM
mitted, the evil is at work so enor-
nous and pressing that in the last year
of his term Of office, it is not safe to
await the coming action of the people !
If such case has happened, all hon
orable and just men OF all parties Will
| saw amen; but if, on the contrary, 1t
should appear that the fearful power
has at last been degraded and pervert-
ed to the use of Il party, if it appears
that at last bad advice often before
given by the bad men Of party has
found acceptance, this great tribunal of
Justice now regarded with so much awe
will speedily come to be considered as
monstrous sham. If it should be found
to be the willing instrument to carry
ont the purpose of its party, then there
remains for it and every one of its merI-
bers who participates in the great
wrong, a day of awfu! retrbution, sure
to come, nor long to be delayed. But
| will not anticipate nor speak further
of the case itself until its true features
are fslly developed.
He claimed that the alleged high
crimes and misdemeanOrs were all
founded upon mere forms of executive
administration, violation OF the rules
laid down by the Legislative De-
partment to regulate the EXecu-
tive Department, and proceeded
to show what was the course
of action of the Executive be-
fore these rules were adopted. The ten
ure of office act also introduced new
rules. 1t did net take away the Presl-
dents power, but fixed the mode. He
asked if the President chose to follow
the ancient rule if he was impeachable
for so doingf
Mr.. Stanbery then proceeded to ana
I've the articles of impeachment, show
ing that four statutes of the United
States were alleged TO have been viola
ted, three of which provided. penalties
for the violation, and declared such OF.
fence a high misdemcanor and n high
crime. The first eight articles on the
face state that Stanton has not been re-
moved, and the crimes and misdemean-
or charged in respect to putting MIR.
Stanton ont and General Thomas in,
are things attempted and not things &C
complishCd. 1t is the a. tempt with I'M
| lawful intent that the President is to be
held responsible, for so it is vital ques-
ton whether the penalties prescribed
by the statutes alleged to have been
violated purport to punish not only the
commission of the acts but the abor-
tive attempt to commit them. a
Mr.. Stanbery proceeded at Some
| ,.hn
not come within the purview of the
tenure of office act the prOviso to which
makes distinction never made before
in giving a new aud better tenure to
Cabinet officers of Il President who
were nominated by him or appointed
by him with the concurrence of the Sen
ate. The theory is that having had
one free opportunity of choice, he must
Ne bound 10y it, but as to Cabinet Of
licers selected by former President
who hold merely by his acquIeScencc
or sufferance they are entitled to no
| favor and receive none. The cOnstruc-
ton given by the Managers leads to
this inevitable absurdity, that the class
entitled to favor are cut oft ut the end
of month, while those having less
meritorious title remain indefinitely,
and what was intended for q benefit
become a mischief, and the favored
class are worse nfl than if no favor had
been shown them; from those entitled
to protection it is taken away to be
given to those not entitled.
When President Johnson was invest
ed with the office he found Mr. Stanton
holding the office of Secretary of War.
He had been appointed by Mr.. Lincoln
during his first term, and was holding
in the second month of Mr.. Lincoln's
second term, under the old appoint
ment. lie was neither appointed by
Mr.. Lincoln or Mr.. Johnson for that
second term, and consequently never
had any tenure of office under the ten
IRE of office act for the current Presi-
Dental term. That act gives the Cabi-
net officers no right to hold against the
pleasure of the succeeding President
one moment after the expiration of one
month; at that time their right to hold
ceases, and then the offices become va
cant
The policy declared here is unmis-
takeablc 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 members of Mr.. Johason's Cabi-
net selected by himself his power is cx
hausted. 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
President one opportunity at least to
exercised his Independent right ofchoice.
Then, if he has the right, how can he
exercise it, if, as in the case of Stanton,
the Cabinet officer holds on after he has
been requested to resign; what mode is
left to the President to avail himself of
his Independent right when such an
officer refuses to resign; none other than
the process of removal, for he cannot
put the man of his choice in until he
has put the other out, so the independ-
ent right of choice cannot under such
conditions be exercised at all without
the corresponding right of removal, and
the one necessarily implies the other.
We have seen that the tenure of Office
fixed by the proviso for Cabinet officers
applies only to those members Of Mr..