Year: 1868




the case OF the highest officer Of
the Government; it was seen that
it was dangerous however to give one
department to be used against another
department, yet 1t was anticipated that
an emergency might arise In which
nothing but such a power could be
effectual TO preserve the republic; hap
PLY for the so years of our political
existence, which have passed; no such
emergency has hitherto arisen. Dur
ing that time we have witnessed the
fiercest contests of party; again and
again the Executive and tho Legislative
have arisen In open and
bitter antagonismi a tayorite Legisia-
tive policy has more than once Deen
defeated by the obstinate and deter
mined resistance of the President upon
some of the gravest and most important
issues that we have had, or are ever
likely TO have. The Presidential policy
and the Legislative policy have stood In
direct antagonism during all the time
this fearfulpower was in the hands of the
Legislative department, and more than
once a resort 10 it has been advised by
extreme party men as mere remedy
for party purposes, but happily that
evil hitherto has not come upon
us. What.new and unheard of conduct,
if "a President has at last made resort
to this extreme remedy, unavoidable.


W
so fragrant that all just men of all
parties are ready to say the time has
come, when the mischiefhas been COM
mitted. The evil is at work SO enor-
nous and pressing that In the last
year of his term of Office it is not safe
to await the coming action OF the peo-
pie. Ifsuch n case has happened, all
honorable and just men of all parties
will say amen, but If on the contrary,it
should appear that this fearful power
has at last been degraded and pervert-
ed to the use of party, If 1t appears
that at last bad advice, often before
given by the bad men of the party, has
found acceptance, this great tribunal
OF Justice, now regarded with SO much
awe, will speedily come to be consid-
cred as q monstrous sham; II 1t should
be found to be the willing instrument
to carry out the purposes of its party,
then there remains for it and every
one OF its members who participates in
the great wrong, day of awful retri-
button, sure to come, nor long to be
DELAYED. But I will not anticipate
nor speak further of the
case itself until its true features
are fully developed. He claimed that
the alleged high crimes and misde-
meanors were all founded upon mere
forms of executive administrations,
violation of the rules laid down by the
legislative department to regulate 1.-THE
executive department. and proceeded
to show what was the course OF action
of the executive before these rules were
adopted. The etenure-of-office act also
introduced new rules; it did not take
away the Presidents power, but fixed
the mode. He asked IL the President
chose to follow the ancient rule, II he
was impeachable for SO doing. MIR.
Stanbery then proceeded to RnalyZe
the articles of impeachment, showing
that four statutes of lhe U. s. were al
legged to have been violated; three of
which provided penalties for the viola
ton and declared such offence high
misdemeanor and high crime. The
first eight articles on their face state
that Stanton has not been removed and
the crimes and misdemeanor charged
in respect to putting Mr.. Stanton out
and Gen. Thomas in, are things at
tempted and not things accomplished.
It Is the attempt with unlawful intent
that the President is to be held respon-
sible for. II is a vital question whether
the penalties prescribed by the statutes
alleged to have been violated purport
to punish not only the commission of
the acts. but the abOrtiY0 attempt to
commit them. Mr.. Stanbery proceeded
at some length to show that Stanton's
case did not come within the purview
OF the Tenure. OF. Office act, the proviso
to which makes a distinction never
made before in giving a new aud better
tenure to Cabinet officers OF Presi-
dent who were nominated by him or
appointed by him with the concurrence
OF the Senate. The theory is that, hav-
ing had one free opportunity OF choice,
he must be bound by 1t, but as to the
Cabinet officers selected by u former
President, who hold merely by his
acquiescence or sufferancei they are
entitled to no favor and receive none.
dRTunn hU fha mama
gers leads to this inevitable absurdtty
that the class entitled to favor are cut
off at the end of a month, while those
having a less meritorious title remain
indefinitely in what was Intended Tor
benefit and become mischief ana the
favored class are worse on than II no
favor had been shown them. From
those entitled to protection IL is taken
away to be given TO those not EMIT
When President johnson was inVeA ID


with office he found Stanton holding
the office OF Secretary of War. He had
been appointed by Mr.. Lincoln during
his first term, and was holding II In the
second month of Mr.. Linco!h,s ssco1u no
term, under the old appointment. He
was neither appointed by Lincoln or
johnson for that second term, and con-
seuuently never had any tenure OF
office under the tenure of olhce
act for the current Presidential term;
that act gives Cabinet officers no right
to hold against the pleasure OF the sue
ceedinp President one moment after
the expiration of one month; at that
time their right to hold ceases, and their
Offices become vacant. The policy De
clared here is unmistakable that not


withstauding anything to The contrary
in the act every President shall nave
the privilege of once selecting his Gaol-
net. As to the three members OF Jonn-


-, To6;,at saIaHtad nv himself, his
nnwer is exhausted. They are entitled
to hold throughout his term in denance
of his wishes; the other four do not
come within that clear policy OF giving
avery President one opportunity, at
least. 10 exercise his Independent right
of choice. Then IL he has the
right, how can he exercise It II, as IN
holds ON after he has been requested 10
resign? What mode is LEFT to the Pres-
ident to avail himself of his independ-
ant right when such an othcer refuses
IN resign? None other than the pro-
cess of removal, for he cannot put the
man OF his choice in until he mas put
the other out; so the indePenoent Fleinit
~ cbofce cannot, under such eondi-
ditinns. be exercised at all without the
corresponding right OF removal, ana
the one necessarily implies the other.
we have seen that the tenure OF once
fixed by the proviso for Caolnet
officers applies only to those incur
bers of Johnson's Cabinet appolhI.
ed by himself. It therefore does not
e1nI1 IN Mr.. Stanton. If there is any |
other clause which applies to stanton
IL must be the first general clause, ana
If that does not apply TO MIN tneh hls
case does not come within the P1ryleew
of the act at all, and must pc ruIeo py
nre.existinR laws which make MIN SUD


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