The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-05-02

habit OF the advocate to magnify this case; but
TINS case best speaks for ITSELF For the first
time in our political existeu ce the three great
parilaments of our Government are brought
upon the scene together; the House of Repre-
sentatlves as the accusers, the President of the
United States as the accused, the Judiciary
Department, represented in its head in the
person of the Chief Justice, and Senate OF the
United States as the tribunal, to hear the ac-
cusation and the defence, and to render the
final Judgment. The Constitution has antici-
pated that so extreme remedy as this might
be necessary, even in the case OF the highest
officer of the Government. 1t was seen that it
was dangerous power to give one Depart
ment, yet it was anticipated that an emergen-
cy might arise in which nothing but such
power could be effectual 10 preserve the Re-
public. Happily for the eighty years OF our
political existence which have passed, no sucn
emergency has hitherto arisen. During thar
tine we have witnessed the fiercest confess, VI
party again and again; the executive anu ,no
legislative departments have arisen IN op Pc
ana bitter antagonism; favorite leglslauI1hs '1
policy has more than once been defeateu ~
The obstinate and determined resistance Vi W.
President upon some of the gravest anu mose
important issues that we nave ever hau OF are
ever likely to have; the Presidential policy and
the legislative policy have stood in direct an
tagonsm. During all that Time this fearful
power was in the hands of the Legislative de-
partment, and more than once resort tn If
sure remedy for party purposes, but happily.
that has not hitherto come upon u.s. What new
and unheard OF conduct by a President has ar
last made resort 10 this extreme remedy I'M
avoidaDle; what Presidential acts have hap
pened SO t1agraht that all lust men of all mar
ties are ready to say the time has come when
the niscnief has been committed, the evil at
work SO enormous and so pressing that in the
last year of his term OF Office it is not safe to
await the coming action of the people? If
n l.. Ill L
Just men of all parties will say amen; but if
on the contrary, it should appear that this fear
ful power has been degraded and perverted to
the use OF party, if it appears that at last the
pad advice often before given by the bad men
OF party has found acceptance this great tri-
Ounai OF justice, now regarded with SO much
awe, Will speedily come to be considered as a
monstrous sham. If it should be found to be
the willing instrument to carry out the pur-
poses OF It's party, then there remains for it |
ana every one of its members who participate
in the great wrong, day of awful retributon,
sure to come, nor long to be delayed. But
VIII not anticipate more nor speak further of |
the case itself till its true features are fully de-
veloped.
Mr.. Stanbery then proceeded to analyze the |
articles of impeachment, showing that four |
statutes of the United States are alleged to |
nave peen violated, three of which provided |
penalties tor their violation and declared such |
otfences high misdemanor and high crime. The |
A'De alUiClco Ou lIlelT lace state CnaE
stanton has not been removed. and the crimes |
ana mlsdemeanors charged in respect to put |
ing Mr. Stanton out and Gen. Thomas in are |
Things attempted and not things accomplish |
ed. 1t is the attempt with unlawful intent, |
that the President is to be held responsible for
so 1t is vital question whether the penalties |
prescribed by the statutes, alleged to have been |
VioIated, purport to punish not only the COM /
mission of the acts but the abortive attempt
60 commit them. He claimed that the alleged |
Crnd Clo,..
ed upon mere form of executive admnistra.
lion, violation of rules laid down by the leg
slatlve department to regulate the executive
department., and proceeded to show what was
me course of the action of the Executive be-
ore these rules were adopted. The tenure of
ofhce act also introduced new rules. 1t did
not take away the Presidents power but fixed
the mode. He asked if the President chose to
follow the ancient rule he was impeachable for
so doing.
Mr.. Stanbery proceeded at some length to
show that Mr.. Stanton's case did not come
within the purview of the tenure of office act
The proviso which makes a distinction was
never made before. In giving new and bet
ter tenure to Cabinet officers of President,
who were nominated by him or appointed by
him with the concurrence of the Senate. the
theory is that having had one free opportunity
II choice he shall be bound by it; but as to |
Cabinet officers selected by former President,
who hold merely by his acquiescence or suf-
rance, they are entitled to no power and re-
,eive none. The construction given by the
managers leads to this inevitable absurdity
hat the class entitled to favor are cut off at
he end of month, while those having less
title retain indefinitely and what
vas intended for benefit becomes mischief,
md the favored class are worse off than if no
ayor had been shown them.
HousE.-rhe Speaker said the gentleman
rom New York (Nlr. Brooks had given notice
hat he would to-day review his resolution
elative to the impeachment managers and the
Alta Vela affair, therefore business will be
transacted on the return of the members from
ne Senate this afternoon, and gentlemen de-
iring to refer bills will postpone their requests
ntil that time. The members then accompa-
led the managers to the bar of the Senate.