Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-03-06

tested by the courts, and does this by tlatly
disobeying it--by doing the very thing which
the act forbade him TO do, under heavy
penalties. We hear in various quarters the
question asked, In what other way could he
bring it before the courts? He himself
evidently looks on the despatch OF General
Thomas to the War Office and that discreet
officers arrest as most ingenious device,
which nobody who had not "6llcd every
Office in the gift of the people" would have
thought Of, for bringing the dispute between
him and Congress to the test Of legal
decision.
There is, and hasbeen time out Of memory,
a very simple process for trying titles to
Offices. 1t has been process OF the common
law from the earliest ages; it is in use every
year in every State in the Union, aud is as
familiar to all lawyers as their alphabet and
is in fact, the only direct mode Of testing
the validity of any officials claim to his
place. We mean, Of course, the writ quo
'carrdnto. The proper person to sue it out
is the Attorney General and had Mr..
Stanbery obtained it from a United States
court under Mr.. johnson direction it would
have brought Mr.. Stanton into court to
show by what authority he held his place,
and this would, Of course, have at once
raised the question of the constitutionality
Of the Tenure. Of Office Act, and have secured
judicial decision upon it. 1t could not
have been pleaded that this was a political
question, on which the courts were not
competent to pass. or, at all events, could
not have been pleaded without an absur-
dity which neither Mr. Stanton nor the
majority in Congress would have ventured,
to face. Had the court decided against
him, he would have gained rather than lost
in public estimation by his appeal to them.
Had they decided in his favor, he would
have had some solid support in his subse-
quent resistance to Congress, if he de-
termined to resist.
Itmust be admitted, however, that the
terms of the law are such that the unfor-
tunate man was unable to test its constitu-
tionality before the courts without exposing
himself to impeachment lie could not gel
gro iearraato without removing Mr..
Stanton, and be could not remove Mr..
Stanton even formally without being i'm
peached, so that, practically, he was de.
prived OF the power Of testing its constitu,
tionality at all except before the very body
which passed it, and with the penalty oi
political ruin hanging over him in case OF
failure This would certainly be a very en-
barrassing position for a moderate and
Conscientious man. But then, if Mr. John
son lad been moderate and there was any
general belief that he was honest, be would
not be in this position. If he were anybody
else, We have very little doubt he might have
removed Stanton, aud then, on the Senate 5
restoring him, have tried the title to the
Office on a quo igarraato, without exposing
himself to impeachment. The consequence
and it seems to us the just consequence
Of the bad reputation he has acquired for
himself is that be win not he allowed to test
the validity of any law which imposes duty
on him. He has by his course forfeited all
claim to Congressional indulgence, and he
has no popular support to take its place.
What Congress says to him is, in effect, that
his character is so bad that they will not
allow him to question their acts even by legal
process, and if his case be hard one, we do
not see that he has anybody but himself to
blame.
His disappearance from the scene now
will be heartfelt relief to nearly everybody
He has been sore trial to the nation for
the last three years, aud in nothing more
than In creating a constant danger that the
wilder members of the House would be
tempted into creating most dangerous pre-
cedent by prosecuting him for being foolish
and foul-mouthed Had he been impeached
on the strength of the testimony collected
by the committee lastsummer, it would have
proved a most perilous precedent; his i'm
peachment for fiat disobedience to an act of
Congress cannot but prove useful ons.
1t will delight the sons Of thunder who
for SO long have been clamoring for his over
throw; but, as we have never taken any
pleasure in these gentlemen misery, and
have all along, in opposing them, desired
simply that they should have good and not
bad reasons for being happy, this win not,
as far as we are concerned, in any way mar
the occasion.
One thing, however, We cannot help say
ing before we close 1t is delicate thing
to say, but, if said at all, it must be said
now. Mr.. Johnson's troubles to himself
and the nation have resulted mainly from
the fact that he has owed all his political
successes to his zeal and courage In every
thing else he has been wanting. He is ig-
norant, hot headed, impetuous, indiscreet
loose tongued. He has no tact, no percep-
ton, is no Judge of character Had he been
the reverse of all this, his differences with
Congress on the matter of reconstruction
would not have brought him to his present
position. He might have secured large
amount of popular support, and certainly
would have retained the popular respect,
and would have quilted the office at the end
of his term without the reputation of having
degraded it. IF the Senate now gives judg-
ment against him, and deposes him, he will
be succeeded by gentleman who is, we ad-
NIT, better man in all sorts of ways, but
whose mental constitution and political and
social training are very like Mr.. John
sons and who has been selected for the
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