New-York tribune., 1868-05-18


result Of the war would have been far different The
families N ms u ey %c RaG rd Ossr r bnwee yg bt % 'U in
his state he had staked into almost every household"
He concluded py remarSng thSt mere a W,S q ssa % o
Lyman Trumbul record that all time could never erase
An old resident Of Kansas rcmaad that IN his state y0u
might well look for cart with three wheels as Re
pabcan who would ever do Edmund g. Ross reverence %
BY evening there was comparative quietnesS IN All Tue
ned desert ted their Lauts fayOritc actor who served
with distinction hiring the war remarked 70 q friend at
the Metropolitan" Judgment thou hast Ned to british
beasts and men have lost their reason"
THE OPINION OF SENATOR TRIhBULL
WASHINGTON, May Ie.-The following is the opinion OF
Senator Trumbu fled to-day in the impeachment case:
TO do impartial justice in all things appertaning to the
present trial according 10 the Constitution and laws, is
the duty imposed each senatOrby the position he holds
and the oath he has taken and lie who faers IN tue ais
charge Of that duty either from personal or party consd
Grafton is unworthy his position and merits the scorn ana
contempt of all just The question TO be decided Is
not whether Andrew Johnson proper person 70 m the
Presidential Office nor whether II is fit that he should
main Ia H. nor indeed, whether he has violated the Con-
snon and laws IN other respects than those alleged &
upon themselves by violence 10 rid the country Of Andrew
Johnson because they believed nm haa man as eah
Wet and depose mG Tor any other causes t, 'losS %
alleged III hS sat''Vs ,ot W thaI law INTO his own
hands, and become its executioncr, as TO ask the
nr prncple would I've destructive of all law and all
ibcrty worth name liberty unregulated by law
the people may regard Andrew Johnson aud much as
they may desire hs remot@l ,n Iefai a9o
with nfamy and contempt the nsine OF any SSor ia VINO
plish such result Keeping m view ths pilneilnes 10y
which, honest men, we are TO De guided Iet us inquire
The first article charges Andrew Johnson President Of
the United States, with unlnwfully issuing an order
aud consent with the menttO remove Edwin stanton
office Of Secretary for the Department OF war
Con au1f
tenure Of certain civil Offices passed March 1861 IL
will bc observed that this article does NOT charge re-
noVa OF the Secretary. but only intent 10 remove,
which is made Otense by the Tenure-OfOhce act,
or any other statute but treating as il the Presidents
taken place. would such removal had u been CON
summated have been yoisSa OF tne bn nnn
tion OF the power to remove from office arose IN l7s
In the first Congress winch assembled under the Const
tuition and except as offices whose tenure fixed
that instrument was then recognized as belonging 10
he President: but whether as constitutional right
one which the Congress might confer. left open
question Under this recognition y the congress OF 1852
every President from that day TIL 1867 had exercised
mis- Iower OF removal and its exercise during all that
time had been acqueSccd In by the other departments OF
the Government both legislative and judicial Nor was
hs power of removal by tho President exercised only i'll
the OF the Senate, as some nave supposed pJlt
ws fre9uently exercised when the in session.
and without its consent
Indeed there is not instance record prior to the
massage Of the Tenure-of Olce act in which the consent
OF the Senate had been invoked simply for the removal OF
officer. IL is appointments TO ana hOt removals Io
that an appointment to an office, when the appontee
becomes duly qualified, authorizes him to ous tG prior
Incumbent III there one aud in that way effect his re-
moyal but this is different thing from simple removal
Tie constitution makes distinction between the power
of the President to during the recess and the
SESSIONS OF the Senate, nor has there Dcen any III
practice The removals Of Secretary Pickering by Pres
dent Adams of Thomas Eastn Navy Agent at Pensacola
by President Van Buren, and OF Isaac Henderson, Navy
Agent at New York. and pOstmasters by President
Lincoln are adduced in support of this position other
cases. during other Administrations might be relereG to
but these sufficient to show that removals from ONCE
by the President during the session OF tho Seiae nave
been unusual thing IN the history oi the Governheh @
OF the power OF Congress TO define the tenure oI the
offices IL establishes and make them detelDae either
M the will Of the President alone OF the President and
Senate together, or AZ She expiration o liked peroa
entertain dOuDt The Constitution Is silent on tne
subject Of removals except ~ impeaenen', wNSn, in
must bo admitted only applies to removals ior crimes
and misdemeanors and II the Constitution admits OF re-
moyas In no other way then person once ~ ogs %Vn
hold for life unless impeaehed construction whi,n @ an
would admit to he inadnssable under our form OF gov
ernment The right OF removal must then eAls some
where The Ist Congress- the creation OF the Depart
inent of War; in 17S9 recognized II as existing ~ the Irs
the duties OF the principal officer called secretary,
Whenever the said principal oiHeer shall ee removed
any other case OF vacancy" Under this act the power
OF the President to the Secretary OF War; either
The law makes distinction in that respect, ana
whether 1t an inherent power belonging TO the
was derived from the statute creating the OF
flee, is not material so far as relates TO s,dar .ne
This continued TO be the law until the passage OF the Ie
eofoiee act March . 1907 and had the Pres1eir M
prior to tho passage Of that act 1t would hardly DC con
tended by any that In doing ho violated any mm
constitutional statutory. The act OF March lsS' was
passed correct the previous practice anu naa aeio
been no such practice there would have been no occasion
for such law Did that act constitutional ana ysn9 as
il is believed TO be, change the law so iar rs II "
secretary then in Office by virtue OF an appQh' nent
made by former President during PIesuehtal tern
which ended March 1861 The language VI the hs' sec
ton Of the act Is: ,,, /, =. 49,. :.
That every person holding civil once 70 When ne mas oeea R
b ard Of the Senate and every per-
appointed such once aa ssu peee
dnIy shall be entitled 10 hou once
@ like manner appointed anu duy
except pOsded provided hst the Seee
. of Treasury War OF tue navy and oi Inc To-
[ the the Attorney enerA shall hold tbeH
oces respectively and daring the term Of the President e whoa
thew appointed mouth eTeAheT subject TO re
noy,l by and with the advice aud consent ofthe senae
MIR lincoln and with the advice aud consent OF the
Senate apponted Mr. Stanton Secretary OF War the
18th OF January 1852 and commissioned him 70 hold the
Office durIng The pleasure the President Of the United
states for the time being He was never eapponted by
ME- Lincoln after his reelection by Mr. johnson since
Mr. Lncons death 1t just as impossible for Mr. Stan
ton 10 now serve Secretary OF War for the term OF the
President by whom he appointed as II IL for Mr. Lin
coin 20 serve out the second term for which he was
elected Both the Presidential term OF the President who
appointed stanton and the person who made ap-
Presidential office remaiDs-hlled, however by another