New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-04-27

the body its decision was on question in this form us
me Cotoi opinion that John Pickering be removed r.
so too in the next case, the OF Chase The Pres
dent IN that case styled the body court and more
censure from the Managers Of the House OF Representa-
tves How In the next the Peck easel The trib-
a se put the mai vote IN TINS language: kesoneu,
OF william H. Peck Justice Of the United States for the
stIct OF MISSOURI We are. then Senators, in court
What are you to try You are 10 try the charges con
tanned in these articles Of impeachment and nothing else
On what are you TO try tbemi Not on common fame not
on presumption of guilt; not any views OF party poll
ucs You are to try them on the evidence offered mere
What the issue before YOU senatOrs Allow TO it
IS not question whether this OF that thing was d0ne
lou are not here 10 try mere issue Oh iac t IN i
this tribunal crime Let me repeat the lnrlsdleuon uSa
son, bribery, or other high crimes or insaoeahs, &
issue which this Court can try is the issue OF crime
is crmei In every crime there must be an unlawful pur
pose or Intention When this is wanting there can be no
crime There must be an unlawful purpose prompting
its commissions otherwise there be CRIME Let me
illustrate: Suppose crazy should break into this
Chamber and kill one OF us; he has committed te act OF
homicide, hut he has not committed a crime. Suppose
President should become deranged and while In that
condition attempt 10 BRIDE and 10 break law upon law
you have jurisdiction To- try him on Impeachment
Let me put another case that Is not suppositOus Mr.
Lincoln claimed and exercised the power 10 Organize
military commissions under which to arrest and mpson
citizens within the loyal States. He had act Of
Congress warranting It, and the supreme Court OF
the express provisions Of the Constitution suppose ne
did violate the express provisions OF the constitutions
then according TO the argument OF the Managers no
might be mpeached and convicted. beg 10 read from
the argument OF one of the Managers on that sabect
The honorable Manager who addressed us the day before
yesterday referred the Of the President and
declared that the necessary inference of the law that
he acted under the influence OF bad motives whereby inc
gentleman seems TO acknowledge that IN order To consul
tute crime there must be motive; there can be no
crime without motive. But now. when the PRESIDENT
comes forward and offers 70 prove his good motive you
viii not allow him TO make that proof when he comes
forward and offers 10 prove tins from hls warm anu N
ing heart the answer is We make up the motive Out OF
the preSumpons of the law and you conclude on tat
point: I'VE will not hurt You; you must be silent Now
Senator'S Jurisdiction of this body is IL Try crime
There crime without unlawful intention and pur-
lawful intent or purpose behind the act itself
THE REMOVAL OF MR. STANTON
which have been presented thus far in this case ana
need not attempt to 90 over them have IBIS TO say
aud YOU Will all concur with me. that the first eight aI
Giles are built upon two of the President the one
being the removal of Edwin NJ Stanton the olnef the
letter Of authority given Lorenzo Thomas. Now If
you will take those eight articles and notice the substa
tia arguments around which they are bound, with all
their association; Of GOOD or bad intent and all their
aytfments of every KIND you will find that there
but actsthe removal of Stanton and the letter
in reference to these two acts in order ascertain the
merits OF this IL the President OF the United states
eight articles are without support r. in addition to
that he had the right 10 give the letter of authority to
Lorenzo Thomas, these articles fa 10 rum Now theIe
the application OF this statement at once and relieves us
from the necessity OF gong over article Dy seP 3S
right 10 Stanton and the right 10 issue the eler
There is nothing left them 50 that have in asking
Your consideration of these articles but Inquiries to
make Had the President the right To Mr. Stan
ton and had he the right TO issue the letter Of authority
10 Thomas propose now as well as am aDe. 10 eA
anime this question Had the President the right To
move Edwin VI. stanton / propose 20 examine that
question FIRST in connection with the act regulating the
f Sy Ie ACTON tom OF this law Mr. Stanton was Withdrawn
from ms previous position and is covered and protected
here IL claimed upon the other side that the law docs
not apply tn his case all think II will readily be &C
kdoweged by Senators that the President had the right
10 remove him Allow me TO call your attention TO
SecfiO of lis Lar
yOlved. IL provides that $500
10 I'd nix The s,- sud consent Of The sens every person
sL, b,Esg pc appointed TO such once and 'ha daily q'-a
as entitled TO hold such office.
ss 6.ss S SI6, i O frcsG That the state
Secretary the Treasury the Sees Of W1I .he sesISsr
the 4one enea sa hold oess respectively for aud during
the term Of the President nv whom they have been appointed and
for one month thereafter subject removal by and Nh the ADVICE and
Now Gentlemen let me state few facts before we pro-
coed TO the consideration Of this act The first fact Is.
the act was passed the I'd Of March 1861 further
call your attention the fact that Mr. StantOns commits
sion is dated the 18th Of January 1862 II IS com
mission given to him by President lAncoln y WHICH ne
hold the Office of Secretary FOR the Department OF
War during the pleasure OF the President for the time
being Mr. johnson became President on the lth dy on
April 1865 He has IN any manner commissioned MI
Stanton Now upon these facts Senators, claim that u
clear that Mr. Stanton is not protected by TINS Cv
to the Cabinet officers they are called term that
shall during the term OF the President by whom they
are appointed, and month thereafter MI johnson
has not appointed Mr. stanton he appointed during
54e ht e of S Of III
office by commission II at all that wond send MN
e or %s his removal Vow what is the mean
inc Of this language "He shall hold his Office
curing sfSDo tS 81 IL lie E T5e'af mot sppcHed
darn1 the present term think that IS PLAIN ~ docs
seem to me that that simple stachens seHs i, I'm
The dead has ownership in no office or estate OF any khu
Mr. johnson is The President f 81 me Mr Lincoln we're living
today If Mr. Lincoln President today ne could re,
him during this term II was last term that MI Sh3n
was appointed and not this: ana an appointment Nv tne
President during one term ny e III. Peen through that Of
another, That same person happenea 10 nc re-
therefore under the commission given hih and NOT n,
der the law But Senator's his tenure OF ce cannot be
changed extended from ms M s 10 tG bd
his Office during the pleasure OF the feSdeht lor ue
time being. This law proposes TO give MN pa a J,
uthoty can the Congress Of the United States extend
the term in this m.nner An Once can and
his appointment must cover the WhOle TERM WHICH u
Yuited states might extend the office of the persons
appointed Indefinitely through years anu years anu ss
shall nominate and shall appoint for office for the whole
term for which he was appointed. Ihus, patet.ang'
ply 10 any offices which were occupied at me Time OF lts
passage. IL is TO be shown mat te act 4I aIC 10,
te laws applicable to this case TO these
ments OF the Constitution, and TO the act OF 1852 y me
provisions Of this law II is provided among Oter lhihgs
that $500, -, ~
There shall Executive Department deDomina'ed The Depart
~ wa and tat there he principal officer therein To be
Secretary the Department ofWs who shall perform and
shall from time TO time he eDoned him
suI b shall conduct Of such Department such
A The President United States shall from time TO time orr sud
rs and there be in the said Department an inferior ohce 70
appointed said principal officer to he employed therein a. be ea
deem proper called the Chief Clerk Of the Department oi War
PM whenever the said principal officer shall be removed from oce
M President Of N. United States other vacancy be
sLal have charge Of the records books, etc.
That is the law 10 which referred, unless the act
regulating the tenure Of civil offices covers the ease OF Mr.
Stanton BIZ the terms of that law by the commission
,t was iSsed to Mr. stanton TO run during the pleasure
~ fbe President for the time being framed upon this
law the President had the right TO remove MI Stanton
according 10 his pleasure;
III, point attempt Of the counsel to esl was With 50 much