New-York tribune., 1868-03-03

aesLfGtnl 10 tStuOsh tHp"o ft
eonfroL Sp,g Congress Of s jest rero0otre, did erect
yo-1 coroiiua and the other conquered terTfiors into
Stas and relations 0ring them governments OF his orn
e,eation and appointing Orer hea rulers ""knoWH 10
ne lars Of ne United StGte aud ~hO could not ey a'y
such Iaes hold asp csee therein He nIed the quainca-
ons Of electors, directed who should hold oce and es
pecaly directed them send representatives TO both
branches Of Congress ordering Congress 10 admit them
when they should When Congress refused and AS
serted it's sovereign prerogatve to govern those terrific
res, except during their military occupation by
their inherent fp0wer, he treated ther
pretensions rs idle, and refused TO obey them
When Congress subsequently passed acts dated March
1867 and their supplements 10 reconstruct those Govern
ents under forms Of by the votes
OF the people, he pronounced them UNCONSTITUTIONAL ana
d they had become IGs he Gdrised the people hot 70 ooey
ern thus defeat instead Of TO execute the 'GTs All TINS
done after Congress declared these outlying etes as
possessing governments which Congress could recog
nlz and that Congress alone had the power and control
over them. 7his uf@patIOn-Sorse haa sed'-
ton and tls less than heosO,he adhered 10 by declaring
IN his last asnual message and at other times hGE mere
,ras no Congress- and that ~ their acts trere neons"
d0nGl. These being mUoA more fundamental ohehses'
and in my judgement mutf more worthy OF punishment
because fatal TO te nation the committee nave
omitted in their articles OF Impeachment because they
were determined TO dead az lenently possible with the
President Encouraged with this immunity, tho Pres1-
dent proceeded 10 new acts OF violence au "i'''
gard Of the express commandments OF NoHFlVes'
IL s these acts trivia by comparison, but grave h 'e
posye character, for which the Committee has oSosen
70 call him 70 answer knowing that there 10 enough
among Them If half we're omitted, 10 answer tho great
olssct and purpose of impeachment The proceedings
can reach only to the removal from office, ana &}mg
bsvOnd what viii effect that purpose Dcng uiiecess'rg'
sav ne looked s,yon as wanton cruelty Hence, mo ten
der mercies of this Committee hare rested 0ny On "e "o'
iainQ crnes aqi isdemeaors Whieh they oo'"@ selee'
from, ne o0ioag}iCe of adre JohaSon. will begin with
the articles their inverse order land devote atew MN
utcs to each The tenth article charges the fresHeh'
with attempting to induce the Commander OF thls N
ary District giajorGen. Emory to disregard the law
by winch he considered that he bound TO act Iequ
ing orders To re issued through the General OF The Army
The President declared 10 be unconsututona ana con-
ray 10 tho Generals commission About the tact tltfe
can be no doubt there could De but one purpose ana
that was 10 use the army, II possible Tor MS
operations against Congress BY the ninth article 1t If
charged that the President violated the act regulating
the tenure OF certain civil Offices by appointing oiehHo
Thomas Secretary of War al ri1n, on the Nst day VI
February 1863 aud declaring that he had mat Gay re-
moved B win Stanton from the oifoo VI secretary OF
War. lie ordered the said Lorenzo Thomas TO sol1o
the property &c. and act in place Of Edwin NJ Stanton
| and delivered to the said Thomas letter, authorizing
him 10 said acts About the fact there can he no doubt
as the certified records t. What defense the Pres-
dent will make for this violation, direct ana papaDle OF
the Civil Tenure BILL must await and sec The eighth
|
Thomas 20 Seize take and possess tho property OF the
United States and the War Department In violation OF
the act Of March 1861 before referred TO- This tact IL
| also proved in the record.
The seventh charges that the President entered into
conspiracy with Lorenzo Thomas 10 prevent Edwin NJ
Stanton Secretary for the Department Of War from hold
ing the Office Of Secretary Of War; to which he had been
| appointed under the laws of the United States
| All this Is proved by letter Of author
ity produced by Thomas when 10 repeatedly
demanded possession from the incumbent and
need no further proof until thore DO satisfactory an
swer Article six charges that the President conspred
with Gen Thomas seize the property OF tho War De
partment contrary TO both the acts Of July 1907 and the
act of March O. before referred TO- This only proved
by the same letter Of authority issued BY The President 10
said Gen Thomas and repeatedly produced by the latter
10 the Secretary Of War in his attempt to gain possession
OF said property. As only showing tho eyl-
dence that viii be gwen IL would be wrong 10 anticipate
the defense by argument until the authority upon
which It Article FIVE charges that the President
conspred with Lorenzo Thomas to hinder the execution
Of the ONCE BILL passed March O. 1867, and to
prevent Edwin Stanton Secretary Of War; from holding
said Office The evidence Is conclusive upon TINS
point The fourth article charges that the President In
conspiracy Thomas did attempt by inml-
daton and threats prevent Edwin NJ Stanton then
and there Secretary of War; from holding said Office con
trary TO the provisions Of the act OF July 1851 The rd
article charges that the President on tho 2st day OF
February, 1868, while the Senate was in session. did
appoint Lorenzo InOmaS secretary OF war uG HeiHl,
without the advice and consent OF the Senate vacancy
having occurred during the Of the Senate OF then
{ existing. The commission produced by MajorGen.
Thomas and the copy given in evidence places that fact
beyond dispute BY the second section Of the second ar
of the Constitution the President IS empowered 70
make appointments TO Office by and with the advice and
consent OF the Senate but not while the Senate Is in
sion without such consent The appointment therefore
OF Gen. Thomas palpable violation Of the COnst
tuition The first article charges that the President. IN
violation OF the Constitution and laws OF the United
States issued order removing Edwin NJ Stanton from
the Office Of Secretary Of War to which he commits
stoned by and with the advice and OF the Senate
and having suspended Mr. Stanton from his Office during
the recess Of the Senate, aud within 30 days after the
| meeting of the next session Of the Senate
on the 18th day Of December: and having
reported TO the Senate such suspension, with
the evidence and for his actions and the Senate
the 18th Of January having considered the evidence
refused to in the suspension Whereby the said
Edwin NJ. Stanton, by yrtue1of the Tenure bn
did forthwith the functions Of his Office Of which
the said President had due notice appears from the
records WhereupOn the President assumed TO remove
the Secretary Of War from Office and to appoint Gen
Thomas Secretary dd interim, and ordered the delivery
Of possession, which order was unlawfully issued IN
violation OF the Act 10 Regulate the Certain
Civil Offices contrary the provisions OF said Act
contrary to the provisions Of the Constitution OF the
United States. without the advice and consent Of
| the Senate, they being IN session BY
cOuntable misunderstanding the article which / hold
| in my hand, and which may call one and a-half,
has been dropped out for l do not find ii In the
! articles in distinct language. l propose 1t
amendment It Is that on tho 18th Of August,
during the Of Congress- Andrew Johnson President
stanton, and that while the Senate was considering the
suticienCy OF the reasons reported Andrew johnson
formed deliberate design and determined 70 prevent the
said Edwin NJ stanton from forthwith resuming the du
ties of his oce thereby committing high msdemeanOr
/ Va lie de fpafc In