New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-12


case of Mr.. johnson the old rule of the
common law which gives to the accused
the benefit of every doubt-if, indeed
there should be in this case anything thai
can be called doubt. We have not YET
heard the presidents defense; but it is a
case that scarcely can admit Of de-
tense. There are but two theories
which the ingenuity of Mr.. Johnson's
skillful counsel can invent for his vindica-
ton en- that part Of the indictment which
relates to the violation of the tenure of
Office law. One is that he did not violate
it, which theory is only to be supported by
the assertion that Mr.. Stanton's right to
retain his office until the senate should
consent to his removal was not protected
by the law the other is that he was justi-
| fed in violating it since the act was in VIC
lation of the constitution, and he was there
fore not bound to obey it. The ingenuity
Of Mr. Johnson's lawyers may and doubt
less will build up for him plausible fabric
of sophistieal defense, based on these two
antagonisic theories but the common
sense of the common people will be quite
sufficient to enable them to sec the truth
through the mists of error with which these
adroit attorneys will seek to hide their
clients guilt.
The first defense is, of course, based on
bubble. The law speaks only of cabinet
ministers appointed by the president under
whom they are serving. Mr.. Stanton was
not appointed by Mr.. Johnson-there-
fore he was not cabinet minister as con
templated by the law, and in removing him
Mr. johnson did not violate the law. This
is precisely the sort of defense that was
once set up for thief in Illinois who was
indicted for stealing money. The money!
that he stole was composed of the bills Of a
bank outside the state of Illinois the laws
Of the state did not recognize such bills as
money" and the plea of the thief was
that although he had stolen bank notes he
had not stolen money" The common
sense Of the jury rejected this bubble, and
the common sense of the people of the
United States will reject Mr.. Johnson's
bubble. The intent of Mr. johnson was
to violate the law, and it was not until
he saw that he might be punished
for that intention that he bethought him
self Of pretending that ne had not violated
it, The intent Of congress in passing the
law was to prevent the president from re-
moving any officer without the consent of
the senate, and especially to prevent him
from removing Mr.. Stanton. It is absurd
to say after Mr.. johnson had kept Mr..
Stanton in his cabinet more than two years
without finding the slightest fault with him
thst he had not appointed" him, and that
his tenure Of office was not as good as that
of any officer who held a written commits
sion. 1t is safe to cay that in the Judgment
of the people this plea Of the president will
be denounced as unworthy Of the slightest
The other plea is equally worthless. In
il Turks fallacy that can not be too clearly
exposed. The plea is that Mr.. johnson is
not to be punished for violating the law.
because he believed it to be unconstitu-
lional. 1t is easy to see that if this defense
be sustained congress may as well stop
making any laws. If the president has the
power to judge for himself what laws are /
constitutional and what are not, and to ex-
scute those which he approves and Violate
those which he disapproves, then there is
an end to all constitutional government in
tho United States. The president in max
Ing this plea assumes veto power ofWhich
the constitution knows nothing. Look at it
for a moment. Congress passes a bill, and
sends il to the presidentforh his approval. He
examinesit, decides that is not a good law,
and returns it to congress with his obiec-
lions. This is all right; but having done
this the president is at the end of his rope.
However, congress considers bis objections,
dnds them insufficient to convince it, and
again passes the bill by majority of two
thirds Of each house. It is then a law. Bv
he constitution, BY the invariable practice
# the government, BY bis oath OF Office,
he president is bound to obey it. But Mr.,
Johnson now assumes that he ia not so
found. All that be is to do, as he now
laims. is TO decide, in the secret eounsels
4 his own will, that the law is At variance
Nth the constitution; whereupon he can
iiolate It with perfect impunity. In t6isl
ase he sayshe violated the law that be
night bring It before the supreme court for
Is adjudication. Bntsometimes the supreme
curt takes two years IN which to decide a
ase; i the eeurtwere anxious to please
be president t might indefinitely postpone
decision on case, and until It did 20 he
resident wsnld BE nlzasrof The situation
nd would Weld Ghe aaGhorIty II A ~.
ponaibls despot To admit hat The press.
lent possesses this power Is to Aansit sbat I
Ve I've under eevernment 81 inaividusI
Yill and.not Of constitutional and wen { !.
ned ang1oEisg r.
The defense Of Mr. johnson, h6weveg "A y
lay be valled e ampliGed, will al Be r. 9
uced 20 these tHo plaaa, which are eyl.
entity not only Inconsistent with each OF er I !
at with cQpmen soAse. THERE'S 40 danger
lereiofe. 10 ASSERTING shat the people. mo ! (
ID trying this ca1o ia i11if own homes. /.
IN tproa0uncs the president aniltV. ard z
smand his removal. Bdt aft 6.s.l,ir, n, ~ &
4 senate VIII have fa8pf fIaassa "a ~ !,
s1n lze dletata8 of what must Sc 81 h,,l'1'.t :
d.nIeat In tbls slater sot viii i. frr1,-',, 9
~ allye pAatees1 slArinls frQas what il In
" be ~ satt 4