The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-21


TIE testimony in the case of the
People rs, the President has been
closed, and the Senate has adjourned
over till Wednesday, to give counsel
and managers opportunity to prepare
for the argument. What that testimo-
nyis the country has been regularly
informed as the case progressed. It is
suficient here to say OF 1t that 1t fully
sustaIns the material charges against
the President. The main charges on
which everybody saw from the begin
ming the President must be convicted If
at ali, were his removal of Stanton and
appointment of Thomas, in violation Of
the tenure-of-ofice act. The facts in
regard to this matter were so notorious
that there neither was nor could be any
controversy about them, and they APP
psared as fully in the Presidents an
awer Is in the articles of the House
The testimony respecting the Presi-
dent's speeches denouncing Congress
confirmed the reports of those speeches
given to the country when they were
delivered. Violations of the tenure-of-
Office act through the Postmaster Gener-
al were proven and admitted. For the
Presidents conviction, however, II is
sufficient that he is proven guilty of an
intentional disregard OF law in the re-
moval ofthe Secretary of War and the
appointment of his successor. without
the advice and consent Of the Senate
then in session. The case in this par
tfcuIar is clearly stated by a writer in
the Providence Journal. We quote:
The first section of the "tenure-of-
office actn reads thus: THAT every per-
sou holding any civil Office, to which he
had been appointed by and with the
advice and consent of the Senate, and
every person who shall hereafter be APP
pointed to any such Office, and shall be-
come duly qualified to act therein, ts,
and shall be entitled 10 hold such Office
unhI a successor shall hare been N IKE
manner appointed aud duly qualified,
except as herein Otherwise provided
Now. according to the body of the sec.
ton lust quoted, without the pIoviso
Edwin 81. Stanton having, by and with
the advice and consent of the Senate,
been appointed by President Lincoln "a
the office of Secretary OF War, and hav-
ing been duly qualified, and not having
been superseded by successor as the
section requires, IL entitled TO hold that
odhce until a sucoessor SHAH have been
i.in like manner THAT Il, with the sd
vics and consent of the Senate zap
pointed and duly qualified" And be-
ing 50 entitled, AIr. Stanton does hold
that ofics, and viii continue to hold it.
until be dies, resigns, OF Is superseded
by anofher appointment, by the Presi-
dent, ~ aad iriIk tke cdTioe czd eozEe1t
Of TIE SSz1ie.
Nov, the foregoing statement b.sl1S
indisputably true, Is Tcald sem pal
pAble that TbR spPoiEfmepI OF TbomsE,
BY the President, s-41A0lR IL ddrLeE AID
o0HseEf 81 tie S<EGtS, 20 fks cfhce he5d
by Siauiou-ihereby in edscl removing
the lRtteF-TGs such 4 violation Of the
Tenure oE-cfhce acs, - mus, hing fks
case within the impes ching charge
II would seem TO follow from ali this,
that the pTOvtso in the sscion above
quoted. Is Of no real inPor4anee 70 the
question. That pF0Ttso Is as follows
'.ProFEsed. Thai the Se--stars8 o. Slz;s, Of
the IrtAEuTy, e W1E, CT the SAEyy and Of
Attorney Gsnerai, shall hosd Their o6lnes re-
spectiIety 3oF and during the Term Of the
I5ssidt1ni Sy whom tasy I, nay haze been HP.
10 removal by and With the advice and coz
sent OF the senate
Now the question seems, thus far. TO
have been discussed with an exclusive
reference TO this proyiso-the point be-
Ing, whether Stanton-beinE an aP-
pointee Of President LincOIn-could
properly be brought within Il. But If
u be true. as think ] have shown,
at Stanton holes his ONCE by force OF
the body of the section, and of course
independent OF the pToviSo, the Ques-
ton whether he comes within the pro-
Viso or not can have no vital fmpor-
lance, And hence, the ingenious iand
elaborate argument OF Judge Curtis on
that point, has been really directed 10
q false or immateriAl issue.
In what have said, would not be
understood as Questioning the position
of the Managers, that the case of Stan.
ton is within The prOviso. Nay, i agres
with them In that. All mean to say
IL, that II it be not within the proviso
then IL must, and for that very reason
be within the body OF the section
which Is all thai is necessary 10 brinE
the case within the impeaching charge
The pretence that Stanton was not {
member OF Johnson's Cabinet and tina
the tenure OF ONCE act did not apply t.
him. was not strengthened by the fact
brought out, whatever finesse thu
counsel may attempt in their con
Guiding argument. II was proven tina
oAAuAuu LcLuaAue4 4uedl
which was certainly equivalent to a re
appointment, the old commission run
ming on and holding good for the full
term unless revoked in the mode pre-
scribed by law. This is a question
which we presume will be very fully
argued, but the common.sense view o
II that strikes every one, is that Mr.
Stanton was lust as fully protectet
under the tenure OF otfiee law as an,
other officer Of the Government. Upol
the question OF intent the counsel Ia,
nothing better to offer in behalf of III,
President than his own declarations
which were evidently made Win
view TO the contingency that the,
might be needed before Ii Court Of I'm
Peaehment. and the testimony Of n,
Cabinet. So much OF this kind Of test,
mony as was admitted in Gepero
Shermnn's evidence was damasin
rather than usefultO the President.
The testimony OF the Cabinet, {
show they advised the President IL
tenure of office act was unconstitt
tutional; that they advised him the la
did not apply to Mr.. Stanton; that the
advised him judicial test OF the la
should be had by making up n cal
on favorable opportunity; and that Il