Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-05-08

MIR Eyarts having already spoken three
do-s commenced on the fourth with an
analogy for having 50 long occupied the time
and attention Of the Senate, and saying that
he would claim their indulgence but little
while longer. proceeded to consider the pow
or Of the President to I'LL the vacancies under
the acts of 1872 and 1875 and 1913 lie
admitted that the act Of 1863 limited the
choice for appointment Of Secretaries al m
min, in certain cases 10 the heads Of other
DEPARTMENTS but he argued that under the
act If 1872. which allowed them 10 choose
from all the officers employed IN the De
rartments. the President had full warrant
ior the appointment Of Gen. Thomas. Pass
ina, 10 the first article, ne said he should con-
sider nj the outset, the nature OF the posi-
lions occupied by the members OF the Cah-
ne; He read the address to Mr.. Lincoln
signed BIZ thirty Senators, which was written
IN 1862. to urge his removal Of Mr. Blair, 60
a. 20 secure harmonious action tie held
that il would be mOnstrous to convict the
Pr-sid ~ IF crime by the same voices which
yeve ance TO or eoneu1red in these au-
declarations. The argument Of
l.. that the practice had always
..een ID in the name of the appointee
before ing the removal, he met by the
consideration that removals arc generally
made not because the incumhents are unit,
bat because political fayorites are to be put
IN. The instances Of removal OF Cabinet
officers are only two, for the simple reason
that q polite hint Is usually sufficient to in
duce resignation. Taking up the question OF
the character Of the offence OF violating the
Ienure-of- Office law, he said that there was
no punishment provided in the law for at
tennis TO remove, Ms there was for the artl-
elee 70 appoint, and also that the articles
now here charged the removal, hence there
was no indictable or Improbable offence
committed by the attempt % remove Mr..
Stanton. He then maintained that no ten
ure of Office could be given by legislation for
any longer time than that for which the officer
is apuointed and applying this doctrine TO the
case Of Mr.. Stanton, assumed that he was
not appointed. but held his Office by the sut-
france of the President from day to day and
therefore could not in any case be affected by
the case in question. In reference 10 the ar
yument that if Mr. Stanton is not protected
by the uroviso he is bv the body of the sec
ton. he said we must speak Of the Office and
not Of the man. and if this Office is covered
by the section, we are led TO the atsurdlty OF
admitting that its tenure can be made per-
retual if successive Senates adhere to the
same views. But If the law was susceptible
of two constructions, he had the Managers
authority for claiming il would be ahhorrcnt
70 the sense of Justice 10 convict the Presl-
dent. He further argued that there as no
attempt to violate the statutory right OF y
Stanton to hold his Office, but merely to with
draw the tenure which he held ut the pleas
ure of the President Briefly reviewing the
evidence. he reiterated its insuficiency ar in
stanced in the case OF Karener, solitary
witness. to prove the attempted louP d'cfat.
Mr. Eyarts then reminded Senator's that they
must treat each article separately without
any reference TO the character or force Of the
others, and always upon the presumption OF
entire innocence. They must discard pollt-
cal considerations and Judge OF Mr.. John
sons separate acts rs they would OF Mr.. LIN
coins or Grants He called attention to
the former services of the President and 70
the circumstances of his early life and subse-
quent stormy career, which have made him
what he is. Referring to his political train
ing, unhinching loyalty in times OF trial and
unwavering devotion to the Constitution,
which he made the guide Of his life, he ap-
pealed to the Senate to give these considcra-
tons the utmost weight to which they were
entitled, illustrating the universal truth that
unrighteous laws are always eventually
righted or set aside. By references to some
of the consequences of the war, and by des-
criptions of the march Of the national ar
mics be passed to a consideration of the
threatened dangers to the Constitution, and
closed with an eloquent peroration invoking
calm consideration and impartial justice
which would be worthy Of the successors of
the great men who first dignifed those Sena-
tnyial halls