The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-23

draw ng into the Courts the question of
the Validity OF laws constitutionally enac-
ted out the assertion that the President
desired to Test ghe matter in Court was, a
preIext. Up To th1s time no real steps
have been taken by htmiu that direction.
He never designed TO test his rights in the
Court; his object was to S ize the offices of
the Government for purposes OF cOrrup-
ttOU aud Dy their Innuence to enable lin
to reconstruct ne Union in the. interests
OF the reDettIOus states. He resOrted to
this usuTpattOn as necessary means OF
usurplng ali power and restoring the
Government to rebel hands. NO criminal
was ever arri9ned VINO offered
a more unsatisfactory excuse FOR
his crimes. He had no right to do what he
says he designed doing, and he evidence
shows no attempt to DO what he assigned
as his purpose.
The provisions of the Constitution, re
lating to appointments, were then cOnSId-
cred, and authorities given to show that
no removals or appointments can be made
by the President, except IN concurrence
with the nate. The letter Of removal to
Mr. stanton was an admission by the
President that stanton was secretary OF
War on the 2ist Of February, 1868, but that
his suspension was abrogated by the ac-
ton oI the senate, ana Jn&L tnen MI stan
ton thereby was restored lawfully to Office
BY issuing the order for the removal
OF Mr.. Stanton, the President made
Constitution This is sufficient TO
justify a verdict OF guilty undeI the first
dent to make removals, as well whea the
Senate is in session as during q recess,
was shown by reference to the. Consti-
tuition to b unauthOriz d. In the exer-
cise OF this unaul lhOrized right, the Presi-
dent, previous 10 the passage Of the Ten
ure-Of-Office Act. had removed hundreds
of public officers, To the detrtment OF the
pubic service. and appointed othe $ who,
ia the Internal Revenue service alone
not less than twenty-five millions OF doll
lars a year for two years. The passage of.
the Ienure-Of-Omce bill mas proved tn-
ehectual as q com piete remedy, and now
the President asserts his right 10 violate
ID altogether, aud by his tnterpreta-
on of the Constitution assumes absolute
and unqualified power over all the offices
Ia the country. Tue removal of Mr.. sian
ton is the particular crime Of the Presl-
BY his conviction the Govern meut viii be
purified and res tOTed; by his acQulttal the
Government viii be surrendered into the
hands OF a usurplng ana un.efupuious
man, who viii use ali the vast power he
claims for the corruption OF every pranca
of the public service, and the 1al over
throw 81 the public liberties. Inc excuse
or the President That he acted under the
sdviCa OF his Cabinet, was cited as not ten
able, as he had no right TO Such advice, or
anything outside their special depart
ments.
meut of Fore gu Affairs, which was pat in
by the defense, was then considered, and
reference made to certain cOrrelattye doc
uments. The action OF the Congress Of
1882 in passing that bill, developed the
fact that that body was of the opinion that
the. bower of removal was not ia the Pres
sid sriJ a a1solutely and during the session of
the Senate was vested IN that body anu
the President cOncurrently, and th debate
then held and the votes cast, indicate that
the power of the President 70 remove du-
ring the vacation OF the Senate was at
be 70 a doubtful power Under the ConsAtu-
ton The practice or the Cove nnent rel
alive 10 removals su uOsequent to the pas
sage of the above act was then reviewed,
and "A speech made by Mr.. Johnson IN
the senate, in 1851. in which he
claimed that the administration was pow
eriess without tae concurrent action OF
. IS no security 10 the President. None OF
his predecessors. nom washington to
Lincoln, ever Yentured 70 claim, unGef
that act, the p0WeE 20 remove clEit ulncef
during session of the Senafe and appoint
a successor. Hence he Is held CUNT OF q
violation Of the C0nstltu ION ana his 0ath
OF Office The act OF February 18Th, l7y0,
on which the President relies for justif1ca-
tiOl for appointing Thomas as w al Sscre-
Jarv qd interim was then considered at
length aud it was cOnteuded III that stat
ute was applicable TO vacancy created
by suspensI. "a or removal, then the Presi-
dent has violated II by that appointment,
but If that statute is not applicable TO
vacancy oeeasloned oy removal then tue
appointments Is without authority OF law
but that statute was repealed by The act OF
February p. 1858. which provides Tor filing
all YaCa cies under any circumstances. 1t
I is apDa rent. says Boutwell,, that the p esi-
dents conduct finds no support either
IN the constitution, in the Act of 1888, or
OF the Iegisia ion OF l79j. If the Tenure Of
1 once Act had not been passed, the Presi-
dent would have been guilty OF high mis-
demeauOr II issuing an order Tor the re-
moyal OF Mr.. stanton during session OF
the Senate He was guilty OF nigh misde-
uneauOr IN appointing Thomas as Seere-
tary Of War 0d interim. His guilt is fully
proved and established as charged in the
drst second and third articles Of impeach
} nent.
The Te' ure Of Ohice Act was then eonsid-
er d, and SHOWN 10 be ia harmony with
the Constitution and its provisions and to
apply to Mr. stanton. as Secretary Of War.
This act merely enacted former practices
OF the Govern ment, ana the chief change
I produce by II referred to removals dur
I Ing the recess OF the senate The appiica-
tiOn Of the tenure of office act to the Office
I of Secretary Of War was enforced a con-
siderable length. and Boutwell, cOntended
that the Office could be only vacated bv
resignation. or cOnntm AXIOM by the SEN
ate OF q uomin 5tion BY the President
Wnien would work q removal. Quotations
Z We're made from the opening remarEs of
the Presidents counsel 20 enforce HIs posi-
ton THAT the official term Of the secretary
of War expires one month after the Presi-
dent by whom he has been appointed,
subject. however to previous removal by
aud with the advice ana cOn-eu OF the
Senate
The arguments O. the counsel for the
President relative TO the intent OF the
President Were com bat1ed at length. and
the Manager ma 0taIned shat in the W .ll
full violation OF the law, the President dis
closed criminal intent, which cannot be
qualified by any reOuttl Z testimony. He
denied that the. President had Iight 70
violate the law to obtain judicial deter
mina1on upon It's constttutIOl altE, as
G aimed by the counsel. ana the theory
/ that such a course is right IS abEOrrent to
/ every Just principle OF the government.
and dangerous 20 tne existence Of our IN
( Articles 4. ;. s. aud were then consider
I ed. Article and are laid under the act
/ OF July 81, 1851 knOWn as the Conspiracy
/ Act. An examination of Articles I and ),
shows that the su -s-antive allegation l.
I the same iu each tIcle, the differences
/ being, Article charges the conspiracy
Q = -