The New York herald., 1868-05-12
imp b ACH N B N T..
CONTINUED FROM THIRD PAGE

CVNIlNVEU FhUM IAuG
operation OF mat bin, came mp for the consideration
sno advice OF the Cabinet was % CONSIDERED ey tne
public service made II desirable that upon some
proper ease judicial discrimination on the consti-
This evidence was In my opinion, clearly admissible
az cumulative OF or to explain or disprove the pes-
the same Facts and which the Managers have. intro
duced ard make part OF their case, but "a was re-
Senate Sseve tat Seeison WAS uy aSss o. aSs the
masMuch as there Is no tribunal to rese the errors
OF tss and It is impossible TO order new trial of
prove az having been proved We have IN addition
70 thistestnony as TO the vxtent OF the President
sired TO appoint General sherman Secretary ad in
t7ps for the Departmento War, ana rendered to him
sne once. The complications In which the ofice
we then involved was talked over between them
General sherman says that the subject OF using force
20 eject Mr. stanton from the ONCE was only men-
t,oned by the President. to repel the idea. When
General Sherman asked him why the lawyers could
nos make up case and have The conlicting qaes.
lions decided by the courts his reply was, "rhat it
was found impossible, or a case could not be made
op ButH said he, 'if We can bring the case 10 the
then. have the President advised by all the mem
bers OF bis Cabinet, including the Attorney General
i aas s By aw 4 FOR Ss
cI Wr', also an eminent lawyer ana an AT
sorneyl General Of the United states under
n, 1881, unconstitutional and void; that the
three members OF the Cabinet holding over from Mr..
Linz bins administration were not included In Its
prov isons, and that 1t was desirable that upon some
PRO- per Judicial discrimination on the constitu-
uq Iaty OF the law should be obtained. Now, when
III remembered that, according to Chief Justice
~ Arshall, the act Of 1889 creating the Depart
We solely in the President, and that as the bill
ss full expression Of the sense OF the Legislature ON
TINS important part OF the American constitution:
when II is remembered that this construction has
been acquiesced in and acted on by every President
BY every C ngress of the United States from the rst
that ever assembled under the constitution down to
tne Thirty ninth, and when 1t s remembered that all
Of the Presidents Cabinet and the most eminent
preceding Congresses the past Presidents and states
men, and story and Kent and Thompson and Marshall
and the Thirty ninth Congress was wrong strange
that ne should doubt or dispute the constitution
esty OF the Tenure Of once actG But all this is aside
efthe question whether Mr. StantOns case Is included
the provisions of that act II II was not as think
clearly was not then the question Of intent is not
eluded then ask whether In view Of the facts the
Presidents guilty intent do an unlawful act shines
require us to pronounce him guilty Of high consti
tutional crime or misdemeanorY The Manager Mr.
5e eaavooa sw passa 1y 0GD
terms, the Executive being called upon to admin
ssser may apply MS own best Judgment to the dim
vsers or other persons and acting thereupon, with
en- en- es d intent OF pufpose ne would be fully usti
70 answer as for misdemeanor In ONCE" Does
not this admission cover the cases Is there not
Ofice actf Shall we condemn the President for fol-
lowing the counsel OF his advisers and for putting
hon Of the act that was put upon It when
Ce enacted into lawf 1t Is not necessary for me
20 sustain my view OF this case but aude to it only
nouncea II was said that the senate for the purpose
o. deciding whether the respondent Is innocent or
G1ty can enter Into no inquiry TO the constitu-
onality OF the act which 1t was the Presidents duty
repeated official confessions and admissions he nten-
aenally wilfuly, deliberately set aside and violated
President OF infracion Of law when in our con-
ncaences we believe the law itself to be invalid and
rs SnS yas the the law
cent has committed no offence and done no act de-
serving OF Impeachment Again, the Manager said-- |
and execute the laws He has authority under
the constitution or by any law to enter into any
validity OF the laws of the country either judicaily
or otherwise. Every law OF Congress may be tested
son to 30 test the laws" Is this soY It is |
s,,! not denied ] think, that the constitutional
Ssfore the courts unless coalo case no. ps tested
and presented 10 them. No such case could be made |
unless the President made removal. That act OF
his would necessarily be the basis which the case
would rest He Is sworn to preserve, protect, and
defend the constitution OF the United States" He
ever quarter. question arose between the legsla-
tive and executive departments to their relative
70 Office. That question was:-Does the consttfu.
non confer on the President the power which
vas auastion =, onGe ace seeSs 70 Jake away
interpretation. The constitution has provided q
common arblter IN such cases Of conference.-the
supreme Court or the United States. Before that
tribunal can take jurisdiction removal must be
made The President attempted to give the Court
and for the reason, as the Managers saw. that .hc
has no authority under the constitution or by any
law to enter INTO any scheme plans for the pur.
pose OF testing the alidy Of the laws of the coun
try, either judcially otherwise II this be true
two-thirds vote over the Presidents veto an act de-
prving the President Of the right to exercise It only
IN single case for the purpose Of testing the
hign crime and misdemeanor and Impeachment ac-
cordngly The Managers theory establishes at once
branches Of Government. can give my assent TO
no such doctrine. This was .punitve' statute.
teriered with the prerogatves OF his department as
recognized from the foundation OF the government.
iegslave ana aip m s. wmcm, ~ asccor1ne 70 Tue
han been bestowed upon him by the constitution IL
sell In my opinion II was not only proper, but 1t
was ms duty to cause the disputed question 10 be
determined IN the manner and by the tribunal es-
tanii5ned @ lor such purposes This government |
only be preserved and the liberty Of the people maiu
aned by preserving intact the coordinate branches
Vi ~ legislative, executive Judicial, alike. am no
fress But ia said that in our legislative capacity
we nave several times decided this question and that
og,nens ON TINS trial are therefore foreciosed.
uttered no word inconsistent with my present posi-.
Noh never believed Mr.. stanton came WITHIN the |
provisions oi the Tenure Of once act and never ala
any act OF gave any indicating spch |
= beiiei. ! had done 40 l should not |
CONSIDER myself precluded from revising snv |
1adgment then expressed, for / am now acting in |
another capacity, under the sanction OF new oath |
afser fuil examination OF the facts and with the
aid Of thorough discussion OF the law as apnlcabie
70 them The hasty and inconsiderate action OF the
senate on the 2lst OF February may have been and
probably a sufficient justification for the aciion
Of the House Of Representatives. the grand pqnest
OF the naton IN presenting their articles OF impeach
ment But II furnisics no reason or apology Ia
Wa for acting otherwise than under the responsi.
blites OF our Judicial oath, since assumed
The tenth article charges that, In order TO
"bring into disgrace. ridicule, hatred, contempt
aud reproach the Congress OF the United
states and the several branches thereof TO
impair and destroy the regard and respect OF ali the
good people OF the United States for the Congress and
legislative power thereof, which all officers OF the |