New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-04-10
THE IMPEACHMENT TRIAL.
Coutipuea from First PAGE.

hal
oys the President alone the other was that the con
stituOn had lodged that power with the President
was that the Constitution had lodged nowhere but hau
ftit ~ legislative power to be acted upon m eonet
The last OF these theories at that day held by Do o
comparatively few persons the first two TeceIneSS The
only much the greater number OF votes, nut ~
greater weight of reason In the course OF lh
much 50 that when this subject came de states in the
case OF ~ pqrc -, Mr. ChefJustice IoWnseIu 49, -
yered The opinion OF the C3ur ~ o1ston had lodged
the power either the President alone on no oei.e
Certainty an naccuracy but then it required very close
scrpti,y and careful examination OF the individual
pinon pressed in that debate 70 % H. It ~ %
been determined in way or the other Inc
ton settled gueston ne yertheless as udes'a1G
may be mistaken IN ts put ;b as Presienf had hsore
hin, fhat both Of opinions were wrong mat the
bas Ie H. as understand legacy which may
be controlled course by the Legislature ITSELF accord
sonebere remarks land IT Of those pertinent
marks which will be found 70 nave been carried Dy MIN
whethef power nt 'b he t to the viii of the bcdy
thai possesses it, and therefore II this be legislative
Timed states would have been very apparent to Mr.
Madison and declared by him in the course Of his cor
senators that il this be legislative power the Legisla
ture may lodge it in the Senate may reain il in the two
houses OF Congress- give 1t to the House OF Repre-
particular law and that, understand it, is the theory
Of that law do not undertake TO say 1t is an un.
founded clam; do not undertake TO say that It may not
be maintained successfully, but do undertake to say
tns originally questioned by the aoest minus Snat
bad this subject under consideration IN 1882 that Whe
ever the question has been started since IL mas nau'
through recent period very few ana ma mar
fair candid mind can deny or d9u9t ~ t afer cav
10 is capable OF being doubted aud dispeIlevee slcI C
rmt Sc Be ay W 9G S such Clear and certain light
that a is guilty of crime because ne uo9s no' pcl
struo this particular law, but he had to constrne
its application, its constitutional aDh'E 10 SP 10 Vie h
particular case supposng the case Of Mr. stanton 10 e
,Is LEI ms assume that the case within its APP
milo III Ms
The case OF Secretaries described the case OF MI stanton
under the act OF isG2 and commissioned to hold
during pleasure Of the President by force Oh s law,
President down to April. 1869 Now there Is one ts
ton, and Is not capable OF being GOuoeu az" ~ acer
that the President Is 10 make the chOlce OF oHceis
Whether. having made the choice ana tiey helhg III
ducpd INTO Office they can be removed is another ques
ton But the President alone cOInded the power vi
choice In the first place he alone can nominate. Wne
tbp Ssnate has consented to the nomination he Is not
bound TO commission the officer he has ls second opo
tunty for the consideration and acceptance OF rejection
OF the choice he originally made Upon ms subject ow
me TO read nom the opinion o ~ ~ ayresSed more
Mr. CnTiis read from the opinion which enumerates
the clauses Of the Constitution bearing upon the subject
and says they to contemplate three ustC opera
tonstho nomination, which is the voluntary act OF the
President the appointment which is also his voluntary
act by and with the advice and consent OF the Senate
deemed duty enjoned by the Constitution. The opin
lon holds that is optional with the President
to commission or not after appointment ne e9hIncu
all shows that the choice is with the President
ton ouly at particular stage Oh tie hOinlhatlo anu
therefore the appointment or commission rested with the
appointed under the law of 1892 constituting the War
Department. In accordance with that law he was com
President Lincoln has said to the Senate: nom
iuate MI stanton to hold the office Of Secretary for the
Department Of War during my pleasure The Senate
has said We assent Mr.. stanons holding the office
Of The PRESIDENT what was this forl II operates in
the case of Mr. Stanton that Mr. stanton can hold
Office against the will OF the President, contrary TO the
Law
April. 1869. for this new hXed and extended term
pOintIneDtst Who has assented to it, 1t is leg isatye
legislative appointment II is assented to by the
two branches of Congress, acting In their legislative
capacity aud other The President has had no voice
dent had no voice in the matter. If he holds at ALL he
holds force of legislation not by any choice made by
the aud the only case which the PRESIDENT had
before niI ana on %hh e fS for having formed an
opinion the Constitution OF the United states-an
opinion which he shares with every PRESIDENT VINO hAs
preceded him with every Congress which has preceded
the last an opinion formed on te grounds
which | have imperfectly indicated an opinion
which. when applied TO this particular case raises the
doubts which have indicated here, arising out OF the
fact tins law does not pursue either OF me opinions Wch
originally held on this subject, and have occasion
ally been stated aud maintained 10y those VINO were rest
less under ITS 0peratlon-aR OPINION lasuhed Dy ue
practice Ot the Government from its origin down 10 the
present II he might properly and honestly form
such opinion under the lights which ne had ana Win
the aid Of this advice which we snail snow you ne re
the extent Of obtaining judicial decision whether this
Departueut-the Executive Department OF the Govern
right in its opinion, or whether the Leesa
tive Department right in its opinion Well. strangely
enough the Honorable Managers themselves say: No;
ne not 10 impeached for that" beg leave to read
argument of the Honorable Managers, by whom
the Gae Tor ae a @ d. Ss . GPsnsG til.
0s law Of s s 1s SI F, ms % e
m., bot DOT suggesting t purpose When Is ta 0o 70 s az
la order ct the q Az set snatag the tenure
s9 tr,l ohes "nlSh Nt!5 @ ~ Ein M saSIoo ,a,o
os q sea o. Department fe myself Constrained
g. a,L This let w S stanton saouS S s
hvE that he Of
b. be spooHn, authority Of Mr. Lincoln Which has never been
revoked Anxious that there ,ha be no collision OF he
Ia before the message that the for actions
well a. The purpose indicated
Thus far the question shows the communication which
the President should have obtained from the Managers
the Senate in order 20 make ts matter e1
acty right Then follows this; .--..,.,
,.o. st eTs5 have sssi il pees u psacb the President
g. insure the safety Of The country even tbey had De
nei bis legal pOsitous"
So that it seems that is after ALL not the removal of
muncated the fact Of that removal after it made,
for which the President to be impeached That man,
here called: 1.-THE defiant OF the 21st OF
February have read that message as you all have
read h II you can find anything in 1t but what is de-
the aud all concerned your tastes
different frou mine. But whether II be point Of man
nsrs wen or III conceived thing to be quite
cleartat the President is mpeached here because
entertained opinion that the law unconstltu-
tonal He not impeached here because he acted on
that opinion removed Mr. Stanton. But no is i'm
peichei here because the House of Representa-
tyes considers that this Honorable Body addressed
b. defiant message when IL should have been addressed
in The egns which the honorable Managers have die
tt,ed / come, Mr.. ChefJustce and Senator'S to
another topic connected with this matter OF the removal
Of stanton and the action OF the Pre- dent under It, The
whether upon a true construction Of the TenureofO Office
acl SIR stanton legally the Secretary OF War or
n you should believe that the PRESIDENT Iougnt
TIE law unconstitutional and had right tn some way 70
IT, still by his conduct and declarations the
President estOpped He Is not 20 be permitted 10 assert
tIc tve Interpretation Of this law He not to be per
ed % ahege that hs purpose was 70 test tne
tiit lac has done ana said such and such Things; wen,