New-York tribune., 1868-05-15
SENATOR FESSENDEN,
HIS ARGUMENT FOR THE ACQUITTAL OF
THE PRESIDENT.


tnct articles Of impeachment Tor isI crimes ana msde
,iy avoT os required by the Constitution. to do inn
artil Justice according to the Constitution and the law
the trial 10 needs no argument To show that the
president trial for the specific oenses charged and
none other The question, then, as proposed to every
F;enstOr sitting Judge, and TO do impartial jus
Ice Is the President guilty or not guilty of high
crime or misdemeanor as charged IN an OF elther OF he
series substantially charges the President with having
attempted TO remove Edwin NJ Stanton from the office
yOf Secretary OF War, which he held violation or
Jaw and OF the Constitution Of the United States Granting
that illegal and unconstitutional attempt to remove
Mr. Stanton in the alleged in the Article, whether
successful or not IL high misdemeanOr IN office the
first obvious inquiry presents itself whether under Ie
Constitution ana the laws President had or had nor
right 70 that officer al the time such atIempI
this inquiry necessary to examine the several pro pro
visions of the Constitution bearing upon the With
the laws OF Congress appheabe t tneI Dce t6e fonn-
the practice, any, which has preyaea SuOS re oyaIs @
from oaico The nTovons OF the Constitution aPpica-
Die to the question are very few The first Is as follows
Ar ~ ,s u sSS S,,., 5 y bSs2sa Es'' 2T RT H. src President
sh. ao@1ie and BY s with @ SnI pS5 ministers AMI o1su judges Of
is supreme other officers o TIE % Os s & 9' S be b
Td by law Same ssclou The President shall have power 70 2 NJ up
us Commissions which s e,Pre the end o. their next S ie',49 @
Art ~ bs Tpii s bs be removed from oce on impeah
Bsnt for conviction OF treason, bribery or other hgA crimes ana
The whole question OF removal from Office came under
the consideration Of the first Congress asseIoeu aI
the adoption Of the Constitution ana was uch uecuee1
by the able men Of that day among whom were several
who took prominent part IA iamhS Inat SIuenI c6
it noticed by them that the 9ny poDislS5n i MlC
touched express terms upon the sugect OF renONaI
from Office was forming the clause which related 10 I'M
parchment and 1t was contended tht
was no other mode OF removal This ldea, however
aVe been entertained 1t is quite obvious that as such
CONSTRUCTION would lead to life tenure OF office, sup,
nusf of necessity. involve nsuerabe difficulties IN the
COnduct of affairs could not be entertained but IL was
eauallV ObViOus that q power OF removal must DC
nound somewhere, and as 1t was not expressly given,
1T has been argued that II the right OF removal Dy the
president NAV be supposed TO exist during recess Of the
Senate nc Is otherwise when that body IS M session
nm unable perceive the grounds o. TINS dsuncuOn or
10 any proof that it has been recognized IN practice
dhe Constitution makes such distinction, as 1t says
nothing of removal either Of the classes but making
Rnd when in session Probably this idea had its origin in
the fact that in recess the Predent could appoint I1I ia
definite period without the aVlce anu consent oI Ine
Senate, while in the other case no appointment
Although the Cyll-Ienure-oIOInce act '! ~ I3I ,,
my vote originally, did vote 10 Oyerrue the PRESIDENT
SIS Observation-Disclosures although doubted its expediency
and feared that would be productive OF more eN tah
Cs llse IHe ~ PrvlCI 4' 70 remote Mr. stanton from
fhe Office OF Secretary violated its provisions.
rt 20 remove Mr. stanton before the passage Of that
act as think he clearly had ne was deprived Of that
right by the OF the act itself TIE answer TO TINS
question must depend upon the legal construction Of the
first section, which reads as follows viz: .,,,
b @ &C. That ever person holding Guy e once 10 winch
eey person sba hereafter be appointed ~ such Office and
oce until successor shall have been hk manner appointed and
duly qaaset except here oher', PROVIDED f,oai ino ne M
Iu'eoE e Postmaster General and the Auone sDe sa9l hGd
tlr Oacsa respectively for ard during TIE term Of the President R
s9 sT Y @ % s5 4 & IRr5; e ss S2S a8d COZ consent sS 0 5 s
In considering far these provisions apply to the
case Stanton the state OF existing facts must be
President Lincoln dprnc the first term which expired on
the Of March, A D. 1865 By the tenure Of his com
dent for being President Lincoln took the oath
ofo6ce and commenced his second the 4th
ofM avph aud a. ed Ou %
April Mr. Johnson took the oath OF Office President
on the day succeeding the death Of President Lincoln
Mr. stanton was not reappo,nted Secretary Of War by
either, but continued to hold under his original
commission, not having been removed How under these
circumstances did the Of March 3 1861 affect him
preliminary question as TO the character under which
of consideration and may material bearing The
NTH clause OF Section Article p Of the Constitution,
case Of removal President from once death
once ths sane shall dsyolve upon the ViSsPesdent"
more the Vice-Presdent took the oath President
sumed the name and designation and was recognized o.
COnsttuOnaily President OF the United states with th
universal assent and consent Of INC nation Each wa
fuiy and and to ali intets s eected to thS
oaioe. Mr.. Johnson then, became President DID ht
of the term Of another and that other his predecessor
PtesiaGnt NJ, LnGCn Cbnson T was Mr. onsop. 20 h II
was not Mr.. LncOlns Ii MIR. johnson had no
oee under the act Of March i5G7 Whe2 does the one
month after the expiration Of the term OF the President
WITHOUT term OF Office would under our system be reg
uar anomaly and yet TO such result does this argument
lead am unable 10 give assent to such proposition.
1t is obvious 10 my mind that the intention was 70 pro
Nide IOf thC Two glasses OF Onoe one ul nedu oI ucl
1nents and tn other comprising All other oihcers ap
pointed by and with the advice and consent Of the SEN
ate The act provides for distinct tenure for each Of
these Olasses for tho heads OF the departments a
fixed term ending IN month after the expiration OF
Tie term OF the President by whom they were ap-
pointed. For all others, indefinite term, ending when
shall nave been appointed and duly qualified.
intended apply the present and the future and
include all who may come within their scope Does
he be included in the general clause when the
Secretary OF warts expressly excepted from It's oper9tioni
stanton coming within the first section OF the act Of
March 1g67 nv suSpeDdDg him under the provisions OF
tho second section Even If the President did believe,
in atompting 10 remove him NJ tbat ev was eTroDe-
OUs the President impeached for acting contrary
10 his belief but Tor violating the Constitution aud the
law and it may be replied that il the President did en-
opinion testimony offered show that
his Cabinet entertained a different view. Whatever
respect the opinion OF either may be entitled TO- does
not settle the question OF construction But sufficient
answer 70 the argument is that Whetner MI stanton
comes wlIn the Ist section Oi te sttue Of nQt the
Presdeut had clear light 10 suspend him under the
Ond section Ihat section aphes TO an cl'h OceTs e1-
cept Judges OF he Jnlted states courts appointed as
aforesaid that is by and with the advice ana consent OF
Ger, whatever might nave been his tenure OF Office,
The evidence utterly fails to show design on the part
the President effect his purpose by force violence
failed Of intended effect To depOse the constitutional
ON grounds so slight would in my Judgment be abuse
OF the power conferred upon the Senate which could
The second article founded upon the letter Of author
iy addressed by the President Gen Lorenzo Thomas
this letter issued in violation Of the
Constitution and contrary 10 tho provisions Of the act
advice Of the Senate, that body being then
in session and without the authority Of the law there
being the vacancy in the Oice Of the Secre
tary Of War In the view have taken OF the first ar.
nce. there was legally vacancy In the Department OF
Var, Dir. Stanton having been removed ON that same
day and the letter OF authority states the fact and s
Predoated thereon. It we'll established principle of
We