Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-05-02

But | will not anticipate and not speak |
further of the case itself until its true /
features are fully devolyed. lie claimed !
that the alleged high crimes and INSIDE |
meanors were sill founded upon mere forms |
of Executive administration and a revolu-
ton Of rules laid down by the Legislative
Department to regulate the Executive De
partments. He proceeded to show what
was the cause of the action of the
Executive before these rules were
adopted. The tenure of Office act
also introduced new rules it did not
take away the Presidents power, but fixed
the mode. lie asked If the President fol-
lowed the ancient rules was he impeach-
able for so doing? Mr.. Stanbery then pro-
ceeded to analyze the articles Of impeach-
ment, showing that four statutes Of the
United States were alleged to have been
violated, three of which provided penal
ties for violation, and declared such Of
tense high misdemeanor and high crime.
The first eight articles on their face state
that Mr.. Stanton has not been removed
and the crimes and misdemeanors charged
in respect to turning Mr.. Stanton out and
putting Gen. Thomas in, all were things
attempted, and not things accomplished.
Ii is the attempt with unlawful intent that
the President is to be held responsible for.
So it is vital question whether the penal
ties prescribed by the statutes alleged to
have been violated, were intended to
punish not only those who commit the
acts. but an abortive attempt to commit
them. Mr.. Stanbery proceeded at some
length to show that Mr.. Stanton's case did
L =. If fh n
of office act proviso, which makes dis
tinctions never made before in giving
new and better tenure to the Cabinet Of
fcers of a President who were nominated
by him, or appointed by him with the con-
c1rrence of the Senate. The theory is,
| that having had one free opportunity of
choice, they shall be bound by it, but as to
! Cabinet officers selected by former Presi-
| dent, who hold merely by his acquiescenGe
suffrage, they are entitled to no favor, and
| received none; the construction given by
| the Managers leads to the inimicable abb
surditv that the class entitled to favor are
| cut off at the end Of the month, while those
| having less meritorious title remain In
| definitely in what was intended for q ben
eft becomes a mischief, and the favored
class are worse off than if no favor had
been shown them from those entitled to
| proclaim it, it is taken away to be given to
| those not entitled to il. When President
| johnson was invested with Office, he found
Stanton in the office Of Secretary of War
he had been appointed by Mr.. Lincoln
during his first term, and was holding il
the second month of Mr.. Lincoln's second
term, under the old appointment. He
was neither appointed by Lincoln OF
| johnson for that second term, and conse
| quentlv never had any tenure Of Office
under the tenure Of Office act for the Pres
idential term. That act gives Cabine
officers no right to hold against the pleas
ure of the succeeding President, one mo
ment. After the expiration Of one month
of that time the right to hold oftie,
| ceases, and their Office becomes vacant
| Policy as declared here Is unmistakablf
that, notwithstanding anything to the con
| trarv to the act, every President shall have
the privilege of selecting his own Cabinet
| IA to the members of Mr.. JOhnsOn's Cabi
net. selected by his power, is exhausted, they
are entitled to hold throughout his term il
defiance of his wishes. What mode is LEI
| TO the President to avail himself Of his in
dependent right, when such an officer a
| Stanton refuses to resign? None othe
than removal, for he cannot put the man G
his choice in until he has put the othe
out. The independent right of choic
cannot, under such conditions, be exercise
f at all, without the corresponding right {
removal and the one necessarily implie
the other. We have seen that the tenur
: of Office fixed by the proviso for Cabint
officers, applies to those members of NJ
Johnson's Cabinet appointed by himsel
, 1t therefore does not apply to Mr.. Star
+ ton. If there is another clause whic
. applies to Mr.. Stanton, it must be the FIR
general clause, and if that does not appl
/. | to him, then his case does not come With
> | the provision of the act at all, and must
ruled by the pre-existing law, which maS'
him a subject at all times to the pleasure
' the President, and the exercise OF his If
dependent power of removal. The manage
claim that this clause gives Stanton ne
tenure. If this Is So it follows as inevitabl
! that no succeeding President can remoV
. him, as he may defy Mr.. Johnson's succe
sor as he now defes Mr.. johnson. At tn
f point Mr.. Stanberry rested until to-mo
row, and the court adjourned.