The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-12

tAcy btouus
This lies over.
motion that the Senate meet at half-past eleven
O'Clock tomorrow morning. to sit with open doors,
was agreed to.
1t Is generally conceded that the rst article Of I'M
parchment will not be agreed to.
Senator Howard Is Ill at his lodgings
At eleven O'Clock the Senate adjourned.
SENATOR GRIMES OPPOSED 10 IMPEACHMENT,
Argument Of Senator Grimes, Of Iowa, In
Secret Session.
,t WASHINGTON May IL, 1868.
The following Is the argument delivered by Sena-
Tor Grimes to-day In the secret session Of the court
against impeachment -
Mr.. PRESIDENT AND SENAroRs-The President OF
the United states stands at the bar Of the Senate
charged with the commission OF high crimes and
misdemeanors. The principal offence charged
against him Is embodied in various forms In the frst
legged to consist in violation Of the provisions Of
the first section Of act Of Congress entitled IAN
act regulating the tenure OF certain civil 0fnces"
approved March 1867; In this that on the 2lst OF
February, eighteen hundred and sixty-eght, the
President removed or attempted to remove Ed
the Department Of War and issued Q letter Of au-
thOrity TO General Lorenzo Thomas Is Secretary for
the Department OF War dd Interim. The House OF
Representatives charge In their three first articles
that the President attempted to remove Mr. Stanton,
and that he issued his letter OF authority General
Thomas with an intent to violate the law Of Congress-
Of the United States. The President by his answer,
admits that he sought to substitute General Thomas
War; but insists that he had the right to make such
substitution under the laws then and now In
force and denies that ts IN anything that ut
intended to violate the laws the constitution Of the
United States To this answer there Ia general
thereon issue is Joined. or that issue we are the
trers and have sworn that in that capacity we will
and the iawsJ It win be perceived that there Is
nothing involved In the FIRST eight articles OF i'm
parchment but pure questions Of law growing out OF
the construction OF statutes. Mr.. Johns0n's guilt
innocence upon those articles depends wholly the
fact whether not he had the power after the pas
1861 70 remove Hr. Stanton and issue the
letter OF appointment to General Thomas,
Sna s s 10
else It with intent to violate the constitution OF the
United States" Mr.. Stanton was appointed Secre-
the 18th day OF January 1892 and not since been
reappointed or recommiseoned His commission
was issued to continue ,for and during the pleasure
under the Of August T. 1885, the first two sections
OF which read follows:-'There shall be Execu-
Of War; and there shall be principal olcer therein,
TO be called the Secretary for the Department OF
war, who shall perform and execute such duties az
to him by the President Of the United States and the
said principal offcer shall conduct the business OF
the said department In such manner as the President
of the United States shall from time to time order
and instruct. There shall be In the said department
an inferior oflceI 70 De appointed by said principal
per- and to be called the chief clerk OF the Department
OF War, and whenever the said principal officer shall
be removed from once by the President OF the United
States and in any other case OF vacancy, SHALL dur
ing the same have charge OF the records, books
and documents.n At the same session OF Con-
gress was passed the act OF July ~, 1889, es-
tablishing the Department Of Foreign Anairs
The two first sections Of the two acts
two departments. Upon the passage OF this last act
occurred one Of the most memorable and one Of the
abest debates that ever took place In Congress- The
subject under discussion was the tenure OF public
officers, and especially the tenure by which the Sec
retaries Of the Executive departments should hold
that great debate, Il Is sui1cent to say that the
reasons assigned by Mr. Madison and his associates In
favor OF tenure during the pleasure Of the Presi-
den were adopted - the true constitutional theory
phetc anticipation OF this case declared on the 10th
i House Of Representatives, Of which he was MEM
Der from virginia, that tt Is evidently the intention
Of the constitution that the first magistrate should be
responsible for the Executive Department. So far,
therefore, we do not make the officers who to
aid him In the duties Of that department responsible
TO him he Is not responsible TO the country. Again,
is there danger that an onicer, when he is APP
pointed by the concurrence OF the Senate and his
friends In that body may choose rather 70 risk his
establishment the favor OF that branch than rest
II upon the discharge OF his duties TO the satisfaction
OF the executive branch, which is constitutonally
dact And II il should happen that the
oicers connect themselves with the senate they may
mutually support each other, and for want OF efficacy
In which his responsibility would be annihilated
and the expectation Of II unjust The high execu-
law the foundation Of discord and end in an sssump
ton OF the executive power. only 70 be removed By
revolution Of the governments Il VIII be observed
that establishes the tenure OF ONCE, and in order TO
put this question beyond future cavt Chief Justice
Marshall in his Life Of washington volume two,
page i62, says:-"After an ardent discussion, which
consumed several days, the committee divided, and
the amendment was negatived BY majority Of thirty
House Of REPRESENTATIVES, did not explicitly convey
their OF the constitution. Indeed, the express
gran OF the power 70 the President rather implied
right In the Legislature TO give or withhold at their
discretion, To obyiate any misunderstanding OF the
principle on which the question had been decided,
the Committee Of the whole was taken up. to amend
the second clause In the bill clearly TO imply the
power Of removal to be solely In the President. He
move 10 strike out the words which had been the
subject OF debate. "ff these words continued he
se q 3. Sy the Pr might
legislative grant only and consequently be subjected
70 legislative instability when he was wen satisfied
fixed In the constitution. The motion was seconded
BY Mr.. Madison, and both amendments were
adopted" And Judge Marshall adds, GAS the bill
full expression Of the sense OF the Legislature on
this important part Of the American constitu-
uon." And Chancellor Kent says, when speak |
OF the members OF which had been members
OF the Convention that framed the constitution, |
the cidcfest among them, perhaps being
Madison who has been called the father OF that In
amounted TO legislative construc-
ton OF the constitution, and II has since been
acquesced In and acted upon m Of decisive author
Ity In the case IL applies TO every other oflcer OF
the government appointed by the President and Sen
ate whose term OF duration In not specially declared
10 n supported by the weghty that the subor
dnate Oicers IN the Executive DEPARTMENT ousht w