The New York herald., 1868-05-18
OPINION OF SENATOR TRUmBuLL.

should remain IN 1t, nor, indeed, whether he
has violated the constitution and laws in other
respects than those alleged against him. As well
might any other fifty -four persons take upon them.
selves by violence to rid the country Of Andrew John
son because they believed him bad man as to call
upon nfty -four Sepators In violation Of their
duty to convict and depose him for any other causes
than those alleged in the articles Of impeachment
AS well might any citizen take the law into his own
hands, and become its executioner, as to ask the
Senate to convict outside Of the case made To sane
tion such principle would be destructive Of all law
and all liberty worth the name, since liberty un.
regulated by law is but another name for anar.
chy. UNIT for President as the people may regard
Andrew Johnson, and much as they may desire
his removal, In legal and constitutional way, all
save the unprincipled and depraved would brand
with infamy and contempt the name of any Senator
who should violate his sworn convictions OF duty to
accomplish such result. Keeping in view the prin-
ciples by which, as honest men, we are to be guided
let US inquire what the case is
The first article charges Andrew Johnson, Presi-
dent Of the United States with unlawfly issuing an
order, while the Senate In session, and without
Its advice and consent, with the intent to remove
Edwin NJ. Stanton from the office Of Secretary for
the Department Of War; contrary to the constitution
and the act regulating the tenure Of certain civil
Offices passed March T. 1867. 10 will be observed
that this article does not charge removal Of the
secretary, but only an intent to remove, which is
anv atner storta ht ny .v m . y, vce acI 9r
order had been obeyed and an actual removal had
taken place, would such removal. had it been con-
reanectiue os tbe ennrn nf mno Tn sne n @
ton OF the power to remove from Office in l7ss
~ III 'he mrst Ooheress wnicn assembled under
whose tenure was fixed by that instrument,
was then recognized as belonging to the Pres
iaens or Ge 1S wneesr hs as right
an open question: sso Under TINS RECOGNITION by the
1sa1 had exercised this nowar 1f reu ,,' aay 2 t,, M
exercise during all that time had been acquesced in
lcgsIative and indicai Nor was this nnvn ~ So.a M
moval by the President exercised onIv IN the rece :.
9uenty exercised when the Senate was In sessnn
and without its consent. ,' 'sA"'' ""' ~ sosso'i'
the there % n not INSTANCE ~ on record prior to
Consent o7 the Senate had been invoked smny i for
the removal Of an ocer It is appontments tS and
Senate It IL true that an appointment to an oce Of te
Tsn the duly
erens thing rom esi simple removal III The o com
the President to remove during the recess and the
sessions of the Senate nor has there been anv In
ber 1900 the senate HAVING been in session fron the
18th of November preccdn0 In a communication tn
Timothy Pickering, used this language, "You are
tary OF State.u Here was a positive dismissal of
Cabinet ON er by the President while the senate was
70 Be- e S s S pass
'srimothy Pickering, removed.J The nomination Of
pers0n for an ofce does not and never did effect
the removal Of an incumbent And such incumDent,
unless removed by distinct order holds on till the
nominee Is confirmed and qualified. The Senate
might never have given its advice and consent to tine
appointment Of John Marshall, and did not
In fact do so until the following day. The
<x( ptpto hor.e
shall was nominated to the senate, as the mes
sage nominating him shows; but whether this
once is never removed bv the mere nomination of
successor Thomas Eastin, Navy Agent at Pensacola
Was ,n % 9ss BY Van Buren On
session, and the once the same day placed tenn
porariy 10 charge OF Dudley Walker, and il was not
Johnson was, by and with the advice and con.
sent OF the Senate, appointed Navy Agent to sue
ate was in session, President % Lincoln E s removed
oiIlcer q SPpo9tsa BY and with the advice and
temporarily OF Paymaster jonn D. Gibson. Isaac Y.
Fowler Postmaster at New York: Samuel r. Marks
at Mwaukee ali Of Whom Sad prev,eSsy
been appointed by and with the advice and Consent
OF the senaIe were severaly removed by the Presi-
1851, the ofiices placed temporarily in charge s' Of
special agents. and It was not til some time after the
removals that nominations were made TO NH the
vacancies other cases. during other administras
tons might be referred TO- but these are sufiiient to
show that removals from ONCE by the President
thing In the history Of the government.
of the power Of tonafass tS dedns the Tenure of
the offices it establishes and make them determnable
and or sSn s S hs %
nxed period, entertain no doubt The consultation
eacn,nsnt On h e ss u re except by i'm
TO removals for crimes and msdemea@nors:a @ spd Il
e ,hen aai.s OF removals IN no other way