The New York herald., 1868-04-23

the Ofce OF PRESIDENT ana vice PRESIDENT DOt4
become vacant, recognizes the Presidential term Of
four years as the constitutional term. Any one can
understand that in case OF vacancy in the once 01
President and Vice President, and IN case OF nev
election by the people, that II would be desirable To
make the election for the remainder OF the term4
But the OF 1872 recognizes the impOssiby OF th
course the section which provides that the term OF
four years for which President and Vice Presidenq
be- ss Sa' sha al II al s
mence ON the 4th day Of March next sucj
seeding the day on which the vote Of the electors
election to MI vacancy the government would bel
80 FAR changed in Its practical working that the subj
sequent elections OF President except by amendd
ment to the constitution, could again occur iI
the Years divsble by four as at present and might
soi representatives for the Presidential electiOns
might might occur In the years not divisble by two. The
trne that the Presidential term is four years and
cannot pe changed by law. On the 2lst OF February.
1885, while the Senate OF the United States was In
session, Mr.. Johnson, in violation OF the law
WHICH as we nave already seen, is in strict
and with the practice of every administra-
tion under the constitution from the begin
ming Of the gOvernmentissued an order for the re-
moval of Mr. Stanton from his ONCE as Secretary for
the Department OF War; II, however. 1t be claimed
that the provso does not apply 70 the Secretary OF
War; then he does not come within the only excep-
ton made in the statute to the general provision In
the body OF the first section already quoted and Mr..
Stanton having been appointed to Office originally by
and with the advice and consent of the Senate could
only be removed by the nomination and appoint
ment of successor by and with the advice and
sent OF the Senate. Hence upon either theory it is
plain that the President violated The Tenure of ONCE
act in the oAer which he issued OH the 2lst day Of
February A. ID. 1885, for the removal of Mr.. Stanton
from the oilce of Secretary for the Department of
War, the Senate of the United States being then in
session. After referring to the details OF the framing
OF the bill he said the object and effect or the chief
qualification OF the provision for which the
House contended, was to avoid fastening, by
| operation of law, upon an incoming President
the cabinet Of hs predecessor with no means Of re-
llevlng hlinse nom them unless the Senate or the
United States disposed concur In their
moval In short they were to retire by operation OF
law at the end OF one month after the expiration Of
| the term Of the President by whom they had been
appointed and in this particular their tenure OF Of
| by which other civil officers mentioned in the body
| of the section We're to hold their Offices ana their
tenure OF office Is distinguished In other particular
| The strength OF the view entertained 10y the Man
| ayers of the meaning and scope of the Tenure of
Onice act is nowhere satisfactorily demonstrated
than In the Inconsistencies OF the arguments Of the
| Presidents counsel after reviewing which he
cludcd this portion of his argument by referring to
| the President and asking-Dd ever audacy and
dupllcity more clearly appear III the excuses OF
| criminals ~
WHAT Is EXPECTED AVID WHAT rs PROVED. -
The speaker declared that The House does not de-
mand the conviction of the President unless guilty IN
| manner. That he was guilty the speaker was conf-
dent and he could not conceive how any member of
the tribunal can doubt II. 1t has been proven that
| the President ordered the removal of stanton with
out advice or consent of the Senate; that he attempt
| ed to replace Stanton with Thomas, and so on
through each of the articles of impeachment, which
the speaker declared had been all proven. s
THE CONSPIRACY CHARGE
In reference to the charge Of conspiracy he said
That the evidence must be necessarily CfcumStantla
| 1t was found that the President was en-
gagged in an unlawful act If Lorenzo Thomas
| or any other person were found eo-operat-
| ing with him In the prosecution OF such an un-
| lawful undertaking an actual conspiracy was
proven. The Presidents counsel was fearful of adj
hitting that his order to Thomas military
ORDER since his client would have been in such case
liable to impeachment for having issued military
| of the General Of the Army. The admissions and
| statements of the learned counsel to the effect,
on the whole that the order was not military order,
| "A
| was letter addressed 10 General Thomas, which he
| could have declined altogether, without subecting
himself to any punishment by a military tribunal.
This il crucial test O The character of the paper
! which he received, and on which he proceeded to
| act Ignorance Of the law, according to the old
| maxim, excuses no man; and whether General
Thomas, at the first interview he mad with the PreS-
dent on the 18th OF January, 1865, or his interview
with him on Che day when he received the letter OF
appointment, knew that the President was then en-
sary the PresSent Knew that his purpose was an
| unlawful one, and he then and there induced Gen
on @ H enea al Thomas was
ignorant OF the illegal nature or the transaction
that fact furnishes no legal de ence for him,
though morally IL might be for his conduct
But certainly the President who did know the Illegal
nature of the proceeding, cannot excuse himself by
asserting that his coconspirat0r was at the time ign0
OF the illegal nature Of the business In which
they were engaged. II being proved that the
respondent engaged In an unlawful undertaking
in hls attempt remove Mr. stanton from the Office
of Secretary for the Department or war, that by an
agreement or understanding between General Thomas
and himself they were to cooperate in carrying this
purpose into execution, and i beng proved also that
the purpose itself unlawful, all the elements Of
| conspiracy are fully established ana II oply remains
TO examine the testimony in order that the nature Of
the conspiracy may more clearly appear, and the
means by which the purpose was to be accomplished
| may be more fully understood. The statement Of the
President in his message to the Senate under date OF
18th December, 1857 dscloses the depth Of his feeling
and the Intensity OF his purpose in regard to the re-
| moval Of Mr. stanton.
! The speaker then minutcly detailed the events OF
the past in reference to the War Oce, the resigna
tion OF Grant and the successive appointments made
by the President and the refusal OF the apponecs to
serve. The brightest names. according to the speak
es mere snrewdy chosen Sy By the pes
that he might have an aged man. such as Hon.
Thomas Ewing ST., In postion-one who would be ~
tool in his hands or who would In any event be
| ready to vacate the Office at moments notice. On
the afternoon Of the 2st he informs his Cabinet that
Stanton Is removed and that Thomas has possession
of the Office. lie then so believed. Thomas had de-
ceived misled him. on the ed instant he had dis
covered that stanton held on to the place, and that
Emory could not be relied upon for force What was
| now his necessity Simply resort 10 his Old policy.
If possible, and also TO obtain the sanction Of the Sen
ate TO a nomination which would work the removal
OF Mr. stanton. and thus he would triumph over his
2lst OF Februaiy-a well laid scheme, but destined
to fail and furnish evidence Of his own guilty pur-
poses. With the ONCE In the possession of Mr.. Ewing
he foresaw that for the prosecution Of his own plans
| the place would always be vacant. Thus has this
arfn and criminal man pursued the great purpose OF
his life. Consider the other circumstances. on the
| 1st OF september last General Emory was appointed
10 tne command OF the department OF washington.
He has exhibited such sterling honesty and vigorous
patriotism IN these recent troubles and during tho
| war that he can bear reference to his previous
history. He was born in Maryland, and I'm the early
part Of the war the public mind Of the North qucs-
ioned his fidelity TO the Union. His great services
and unarnsled record during the war are a complete
defence against all suspicion; but Is 10 too much to
believe that Mr.. Johnson entertained the hope that
General Emory might be made an instrument Of his
| ambiiionG Noby has General Emory undeceived
| the President and gained additional renown In the
country. In General Lorenzo Thomas the President
|
ful proceedings ustines the suspicious entcrta by
the country IN 1851 and 1862 touching his loyalty.
| Thomas and the President are IN accord. They re-
| tain as counsel In the proceedings Instituted by
stanton the retained by Surratt In his defence
! against the charge Of completely I'm the
| murder OF Mr.. Lincoln. Is there not In all this
| evidence of the Presidents criminal intentions Il