Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-05-02
THE IMPEACHMENT TRIAL.

Significantly afternoon
Mr.. Stanbery rose and said;e 1t was the habit
OF the advocate TO magnify his c04e, but this
in our political existence the three rrsst de-
paTtments of our Government are brou ght
upon the scene together-the House Of Repre-
stntatives as the assusersi the Rresident Of the
United States as The accused; The Jsdicisry
Department, represented by its head in the per-
SON of the Chief Justice, and the Seaate Of the
United States as the tribunal to hear the accu-
satlon and defense, and to render the final
judgment.
After king what new and unheard- of con-
duct by President bad made a resort to the
extrt me remedy of Impeachment unay oidable,
Mr. Stanbery proceeded to the coasideratioa OF
thu articles Of impeachment, and sisted In brief
the substance and IMPORT OF each. We see by
these articles, SAID Mr. So that four statutes OF
the Unied States are alleged 70 have bee m vio-
lated. Three Of these provide for penalties for
their violation; that Is to say, the tenure-0f-
office act, the conspiracy act Of 1861, and the
first eight articles all relate to the War Depart
ment, end to that alone. Now, it must not ee-
cape notice that these rticles are founded upon
the express averment that from the moment of
his reinstatement ON the non concurrence of the
Senate, Mr.. Stanton became the lawful Secre-
tary OF war that upon such order CT the Senate
department, and into the lawful exercise of its
duties as Secretary, and that up to the date of
the articles OF Impeachment that lawful right
and actual possession had remained undis-
turbec, that all the acts charged in eight arti-
Giles were committed during that time; that not
outstanding these acts, Stanton rem aims law
fully and actually in possession, and that the
ONCE has been at no time vacant
We see, then, that according to the case made
in the eighth articles, the President did not
succeed in getting Mr.. Stanton out of office or
putting Gen. Thomas in, either in law or fact.
There has been. according to the very case made
In these articles, no mischief There has been
no removal of Mr. Stanton, only an abortiye
attempt at removal. No at iaterim oficer has,
m haa nOnS tad for hare No.,
been no interim as to the Secretary himself
Then the acts, charged as high crimes and mis-
demeanors in respect to putting Mr.. Stanton
ont and Gen. Thomas in are things ATTEMPTED,
and not things accomplished These alleged
high crimes and misdemeanors are all founded
upon mere forms of executive administration,
Tor the violation of certain rules to regulate the
conduct OF the Executive Department. If the
legislative department had a constitutional
night TO regulate the performance of executive
sutles, and TO change the mode and form Of ex-
eIcising an executive power which had been
followed from the beginning of the Govern
ment down TO the present day, is the refusal of
the Executive to follow new rule and to ad-
here TO the ancient ways that sort OFFS high
crime and misdemeanor which the constitution
contemplates. Is it just ground fer Impeach-
meDtl --H.-..-.. E.. d
Mr.. Stanbery then referred to the first clause
OF the ten1Te-of-office act, and said in the act
contained no provisions qualifying the general
clause, 1t would be clear-lst. That il would
apply TO ALI civil officers who held by app pint
ment made by the President with the advice of
the Senate, including judicial officers as well
executive officers. 3D. II applies equally to
officers whose tenure of office, fixed prior to
tie act, was TO hold uring the pleasure OF the
President, as TO those who were 20 hold for a
fixed term of years or during good behavior
Cd. 1t purports to take from the President the
power 10 remove any officer. at any time, for
any cause. by the exercise of his own power
alone, but IL leaves him power Of removal
with the concurrence of the Senate. In this
process of removal the separate action of the
President and Senate is required The in.
Itlaiory act must come from the President, and
from him alone. Thus far the first clause of
the first section of the act, without rererepc. to
the contest, seems to have q universe Al appli.a-
ton 10 all civil officers, and TO secure ali of
those who hold by the concurrent action of the
President and the Senate, against removal
otherwise than by the same concurrent action
and to make all of them liable TO removal by
that concurrent action.
There are. however, exceptions to the uni
versatility OF the tenure Ot-offiee thus declared:
LIST exceptions by necessary implication as in
dlclal Officers of the United States whose ten
ure is fixed by the constitution itself ID, ex-
captions made expressly by the provisions OF
the act This purpose is Indicated by the title
OF the act. which Is: IAN act regulating the
tenure of certain civil Offices, and not Of ali
civil offices" What class of officers embr,cad
by the general pr DIVISIONS OF the first clause are
made 10 come within the clause of the excep-
non! The proviso which Immediately follows
answers the Question. and provides that athe
Secretaries of State, Treasury, War, Navy, In
terror Postmaster General and Attorney Cen
eral shall hold their offices respectively Tor and
during the term of the President by whom they
may have been appointed, and for one month
thereafter, subject to removal by and with the
advice and consent of the Senate" Here is
clear purpose to make some special provision
for these officers.
After arguing upon this point at some
length, Mr.. Stanbery says the proriso makes
distinction between cabinet officers, and di-
yides them into two classes, those holding by
appointment of the President for the time and
those not appointed by him, but by his prede
eessor, and holding only by his suferance or
pleasure. Ii ever an intent was manifest in a
statute. il is clear in this instance When Mr.
johnson was invested with his Office he found
Mr.. stanton holding the Office of Secretary Of
Mr. Lincoln or Mr.. johnson for the second
term, and he never had any tenure of office in,
side the tenure of-oiiice act.
Mr. Stanbery proceeded to argue that no ac-
tual removal was charged in the articles or
made out in the proof The proof shows that
stanton remains IN possession aud that his
Official acts continue TO be recognized. If the
OF der per SO operated a removal in law 1t must
follow that the order was valid aud i'm CON
formity with the Constitution and laws of the
United States, for no order made contrary
thereto could take effect in law. Now, we look
In vain in the tenure of-office act for any
provision forbidding an attempt TO cause re-
moval, or making II penal to issue an order
ior such purpose. 1t seems waste of words
10 argne this point further, and yet this article
Is the head and front of the entire case Strike
1T out. and all that remains is ssleather and
prunella.'
Mr.. Stanbery (at 4 o'clock) asked permission.
on account OF the feeble state OF his health to
deliver the remainder of his remarks tomor
row, and the court then adjourned
HoUsE.-Upon the return of the members
from the Senate yesterday
Mr. Brooks IN. " offered the preamble pro
posed by him Thursday relative to the Alta
Nela affair, but withdrew the resolution ard
offered the following resolution instead:
ReSOired, i hat a special committee be an q
DOlnred q ante
ana that said committee make as early A re,
port as possible to this House, with such rec
omms nations as the facts warrant
Mr.. NasbbuTne 1ll) desired to offer An
amendmt Mt to the resolution.
Mr.. BROOKS declined TO accept the amend 1
ment- He then read the letter of March 9TH
which has been hitherto published, and signed
by Managers Butler and. Logan, and Also the
lettsr Of March 10th, signed by Mr. Bingham
and Mr.. Stevens.
Alter considerable debate, Mr. Logan IN,
SAID he had not done nything in this matter
that he would not do again under similar cir
cumstancss. If the gentleman from New York
was gentleman, and a sincere and honest
man he would not have offered the resolution
If be knew all the facts, as he profess ed IN
know IN m. The only defense that could be
made OF the greatest criminal of the age was .
some such yillalnous charge as this =
The Speaker reminded Mr. Logan that sucb
language was not in order.
MT. Logan would then Withdraw tho xuora