Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-24


stitutr an onfnse for which hs Is answeraoie to
the Sepate, sitting as a court Of impeachment
Thh deaial in wolves two inquiries:
l. Had the President the power to reno We the
Secrp<ary Of War under the circumstances BY
virtue CftAe Constitution and the laws as they
stood pnsr to the passage OF the tenure-of-of-
Had he the right TO remove that officer IN
der the tenure-of- Office act
II must be conceded that a negative answer
to ei her Of these propositions is equivalent to
verdict Of guilty.
A long and able argument follows on the
first OF these inquiries, and the constitutioaaliy
of the tenure office act is next discussed.
MIR. Logan Gays: The only officers of the Gov
eenment whose tenure Is fixed by the Consti-
tuition are the President and Vice President
and the Judges Of the Supreme Court and such
inferior courts As Congress may establish.
CART. and 81 The President and Vice Presi-
dent hold for four years, but Congress may re-
move them by impeachment. The judges hold
.duriDg good behavior" but who can decide
the good or bad behavior of Judges except Con-
gress? Cor gress cannot abridge the tenure of
the office, but they can abridge the officers
tenure by impeaching him.
THIS, sirs, is the only limitation upon Con.
gress anywhere to be found in the Constitution
upon the subject of controlling official tenure.
The Constitution is silent upon the subject
Of tenure. / hold, therefore, that the whole
power is vested in Congress to provide, when
ever and however they choose, both TOR ap.
pointment to and removal from Office. There is
not an officer mentioned in the second clause OF
the second article over whom Congress has not
control in such manner as they may by law
provide, except in the cases mentioned.
In answer to the question "Does the tenure
act apply to the present Secretary of WARP
Mr.. Logan says: The act provides that all per-
sons holding civil offices at the date OF its pass.
age appointed by and with the advice and con-
81 Mt OF the Senate shall only be removed in the
same manner. This applies to the Secretary
of War. The provIso merely gives a tenure
running with the term OF the President and one
month thereafter, subject TO removal by the ad-
nf Tha 10
clearly gives Mr.. Stanton a right to the office
from the ith Of March, 1865, till one month fter
the ith of March, 1869, and he can only be dis
turbed in that tenure by the President by and
with the ad vice and consent OF the Senate
Yet, although Mr.. Stanton was appointed by
Mr.. LINCOLN in his first term when there was
no tenure 10 the Office fixed by law, and con-
unued by Mr. Lincoln i'll his second term, it is
argued that his term expired one month after
The passage of the tenure of-ofce act, March 2,
1867, for the reason that Mr.. Lncoln's term ex-
pire at his death. This is false reasoning; the
Constitution fixes the term of the President at
four years, and by law the commencement of
his term is the 4th of March. Will it be said
that when Mr.. Johnson is deposed by a YER
dict of the Senate that the officers who will
succeed him Will serve for four years, Ger
tainly not. Why! Because he will have no
presidential term, and will be merely serving
out part of the unexpired term of Mr.. Lin
coin, and will go out of office ith of March,
1-69, at the time MIR. Lin coin would have re-
III I'd by expiration of his term, had he lived.
MIR. Logan then quotes the 10Th section of the
act of March |, 1872, which he contends settles
the question whether the term ceases with the
death or resignation of the President, and de-
cides the matter that il does not expire but con-
tnues as his terra the four years. After quot
ing other authorities on This point, Mr.. l.. re-
views the articles OF Impeachment seriatim,
and the evidence IN support of the same at
great length, and says of the President. The
proof does show his unlawful attempt to OBJ
struct the laws as therein charged. L will rot
again do more than 10 ask your examination of
proved and tOUn1 m tbp riait aS-
tImOny, which shows how eagerly he entered
upon the dangerous business OF obstructing and
deiying the laws OF the country. As to his
speeches, upon which the tenth article is based
look al them, read them; there they stand in
history as monument OF his everlasting dis
grace. The defence have not, by their evidence,
cOntradicted " hat We have proven, but have
only strengthened our case. There has been no
proof adduced on the part of the defendant
that either VIII Justify or excuse his unlawful
acts. The ey idtnce of q eneral sherman, ana
all Others put on the stand ny the defence. only
make his guilt the more manifest He i found
without any of the element necessary 10 fit him
for any official position.
MIR Logan then draws a contrast between
Mr.. Lincoln and Mr.. Johnson and after re-
viewing the official acts of President Johnson,
concludes his argument as follows From the
18th day of April, 1855, to this date, as shown
by the testimony, he has been consistent only
with himself and the evil spirits of his Admin
IStration. False TO the people who took him
from obscurity and conferred on him splendor:
who dug him from that obi WON to which he
had been consigned by the treason of his Safe,
and gave him that distinction which, as dis
closed by his subsequent acts, he never
merited and has fearfully scandalzed, dis
gIaced and dlshOnored: false to the memory
OF him whose death made him President; false
10 the principles of our contest for national
life: false 10 the Constitution and laws of the
land and his oath of office; filled with all
vanity, lust and pride substituting, With the
most disgusting seii-complacency and igao-
rance, his own coarse, brutaliZed will Tor the
VIII OF the people and substituting his vulgar,
vapld. and ignorant utterances for patriotism,
craftsmanship, and faithful public service, he
has completed his circle of high crimes and
misdeme anors; and thanks to Almighty God,
by the imbedded wisdom of our fathers found
III the Constitution of our country, he stands
to-day, with all his crimes upon his head
uncovered before the world. at tn. bar OF this
the most august tribunal on earth, to receive
the awful sentence that awaits him Us a fitting
punishment for the crimes and misdemeanors
of which he stands impeached by tue House
OF Representatives, IN the maine and On behalf
of all the people.
Here, Senators, we rest our case: here we
leave the great criminal of the age. In your
hands, az wisely provided by the charter of
our liberties, tins offender againslthe Consti-
tuition, the laws, liberty, peace. and public
dCceHcy OF our country is now left 10 be finally
and, in the name OF all the people, we humbiy
trust, disposed of forever, in such manner as
no more TO outrage the memories Of an heroic
and lllustriCus past. nor dim the hopes, ex-
pectations, and gloIies of the coming future
Let Us, We implore you, nc more hear his re-
sounding footballs i'll the temple of American
constitutional liberty, nor have the vessels of
the ark of The covenant of our fathers polluted
by his unholy hands. Let not the blood of a
half million of heroes " no went 10 their deaths
on the nations battle Ids for the nations
life cry from the ground against us account
OF the crimes permitted by us, and committed
by him whom We now leave in your hands.
Standing here to-day for the last time with my
brother Managers, to take leave of this case and
this great tribunal. am penetrated and over
WheImed with emotion. Memory is busy with
the scenes of the years which have interviewed
between March 4. 1861 and this day. Our great
war, lis battles and ten thousand incidents,
without mental bidding and beyond CONTROL
almost pass in panoramic view before me As
In the presence of those HON have seen fall
in battle we rushed to victory, or die of
wounds or disease in hospital, far from home
and the loved ones, to be seen no more until the
grave gives up its dead, have endeay ored to
dis charge my humble part in this great trial
The world In after times viii read the his
tory Of the administration of Andrew johnson
as an illustration Of the depth to which politi.
cal and official perfidy can descend. Amid
the unhealed CHASTITY scars of war; surrounded
by the weeds of widowhoo and cries Of or
phan age; associating with and sustained by the
soldiers of the Republic, of whom at one time
he claimed TO be one; surrounded by the men
who had supported, aided and cheered Mr.
Lincoln through the darkest hours and sorest
TRIALS of his sad yet immortal admins tration--
men whose lives had been dedicated to the
cause of jus tice, law and universal liberty
the men who had nominated and elected him
to the second office in the nation at a time when
he scarcely dared visit his own home because of
the tTaitorous instincts of his own people; vet,