Year: 1868

the Presidents pleasure. This measure
was notoriously directed against Mr.. John
son personally, iDsomuch that evidence
was offered during the trial, but refused by
the Senate, to the effect that the whole
Cabinet, including Stanton himself, advis-
ed the President to put his veto upon it
1t passed, however, and became
law, but there WAS obviously ii
question whether the act could have such
a retrospective operation as to affect the
tenure of an Office conferred by a former
President under different conditions. Mr..
Johnson considered that it could not, and
he proceed at later period to remove Mr..
Stanton upon the ground that the Office, as
he held 1t, was tenable only during the Pre-
sldents pleasure. 1t seems ID us impOssi-
BILE to maintain that this proceeding, wheth-
er actually breach of the law or not, was
such breach as to require or justify an
impeachment. There was certainly sufi-
cient doubt about the effect OF the bill to
give Mr.. johnson some excuse in thinking
himself at liberty ; and there are, more
over, other circumstances telling strongly
in his favor. 1t Was stated in his defence,
that in the opinion he formed upon this
case he had the concurrence and support
of his constitutional advisers and it is OF
still greater importance to observe, what





contradicted that his sole object i'll deal
ing as he did with Iii. Stanton was to OBJ
tain case which might go before the Su-
preme Court, and there be decided accord
ing to constitutional law. In the face of
these considerations, it seems to us impos-
sible to regard the Presidents act in re-
moving the Minister OF War as cOnstj+ +uting
such q high crime and misdemeanor as
would call for his indictment and trial be-
fore the country.


The impeachment of the Chief Magis-
trate of nation is an act of extreme gray
ity, to be justified only by oYerpowering
considerations of public welfare. We fail
to discern anything resembling such justi-
fcatiOn in the case before us. 1t appears
to us only an unmeasured expression of
party feeling. A Republican Congress has
been impatient of Democratic President,
and that is ALL It is certainly possible
that majority of the Senate may rule con-
scientiously as we'll as rightly, that Mr..
Johnson's attempt to dismiss Mr.. Stanton
was violation of law, but it will not be
held in Europe, and we should think it
would not be held in America, that the act
was such violation of law rs to demand
these extreme proceedings. It will be far
easier to rule that the President has occa-
sionally been indiscreet of speech but
this, too, will give very little support to the
case of impeachment. Nobody can deny
that Mr.. Johnson's conduct has fallen
short of the dignity of his place. but we are
bound to add that, upon the whole, it has
been as becoming and as polite as those
who placed him in Office by their votes
were entitled to anticipate. Taking lis
official career from first to last, he has GER
tainly exceeded the expectations which
were formed of him.


It is lot for us to beg the question by de-
Gliding between the claims of Republican
and Democratic principles, but even if it
be assumed that the policy pursued by
Congress was right, and that advocated by
the President wrong, there was no reason
on this ground for putting the President
on his trial. Congress had it's own way,
though with little opposition. It was
thwarted, but it could not be controlled.
The President, as a matter of fact, did not
succeed in removing Mr.. Stanton, nor
could he enforce his own views on the re-
construction of the South. It cannot be
pleaded that there was any necessity for
depriving him of the power to do evil
He vetoed the measures of Congress, but
Congress passed them again over his veto,
and the actual policy of the United States
was not Democratic, but Republican,
Congress had the upper hand, and might
have been content with its power. It
would be better, of course, that the Execu-
tive and Legislature should be in harmony
with each other, instead of contending in
daily conflict, but such differences are the
natural incidents of political freedom.