Year: 1868

saw that the effort would be renewed again i'm some
the President or to the President; and now the pro-


position Is to ask General Sherman whether he did
nGt I9am an SId op,h,on n tnat IL was necessary that
OF the service did not require Secretary
of War other than Mr.. Stanton, and If so, whether
he did not communicate that opinion to the Pres-
dent. Well, OF course there could not be any other
Secretary than Mr.. Stanton unless Mr.. Stanton re-
to ask him whether he Indicated his opinion to Mr.
Stanton II his opinion is to be put In at all, be-


Mr.. srANRERY-How is thatp


Mr.. BUrLER-IiOw long Is our patience to be tried
in this ways I am very glad that the Senate has
been told that these tentative experiments are 10 70
judge-certany for no legal purpose Now, It is
said that it Is necessary to put this n or else that
cannot defend the President without another breach
OF the law, added to his breach OF the law then do
not see the necessity OF his being defended. They
are breaking a law In defending him, because
which has no relevancy, no cogency and no
test It. very easy after YOU have let the question 90 n
Senators, II you were to do so, will you allow me to
ask General Sherman whether he had not come to an
equally hrm opinion that 1t was for the good OF the
service and the good OF the country that Mr. Johnson
should be removeda The learned Attorney General
the complications, he called them In the War De-
gartment required that some other person than Mr..
sGn m wheer be- s Sns Sss Ks


cations required the removal of Mr.. JohnsonP fhe
House OF Representatives has thought that these
Mr.. Johnson, and are you going to put in General
Sherman to counterbalance the weight of the opin-
ions Of the House Of Is the PIesi


q bad man, and that therefore it was
Stanton ns Is the s S be held %


nocent, therefore, in putting him outs Can we go


erence s sS the %es and apon
pies. We would have to ask General Sherman as to
his relations with Mr.. Stanton-whether he quar-
make him think that would be for the good Of the
service to get rid OF him. We would have to ask
Is ss not m w anw aS" 70 s %


cannot prevent our going into the various consdera-
tions which produced these opinions. Is kind Of
pray the Senate not to enter into 1t for the good Of
the country and the integrity OF the law. Another
question would BE- What We're @ the grounds Of Of
60 further. We should have to call as many
men upon the other side as we could. If General
call General Sheridan and General George H. Thomas
and General Meade and other men OF equal expert
ness to say whether, on the whole, they did not
think 1t would be better to keep Mr.. Stanton in. I
think that nothing can moro clearly demonstrate the
fact that this evidence be put n the ground
Ger. II it ia, have army oficers who II not quite
so expert are just much experts In the eye OF the
law as he, and the struggle will be on which side
the weight Of evidence would be. The counsel for
the President say that they offer this to show that
the President had not wrong intent. There
though intent e had got to be proved by some
body swearing that the President told him he
had a wrong intent. That seems to be the
proposition here-that you must bring some man
who heard the President say he had bad intent,
something equivalent to that. The question before
by the removal Of Mr.. StantonP Then the law sup
plies the intent, and says that no man can do wrong
Intending to DO right # were & fact Ct mat nsfii Mr
the President In breaking the law OF the land in
putting him out? Shall you do evil that good may
to have Mr. Stanton out. On that question Senators
may be divided In opinion There are for aught
know and for aught care many Senators here VINO '
the land should be broken by the chief executive
you are going. 1t would be admitting justification
for the President or any other executive officer to
break the law Of the land II he could show that he
did what he thought was good thing, but wicked
one. l am aware that executive officers have
often acted upon that idea. Let me illustrate:-
You, Senators and the House of Representatives,
agreeing together as the Congress OF the United
States passed law that no man could hold Office in


e the
States put men into office who could not take that
Oat and attempted to justify thatbefore the Senate
he was doing the best thing for the service. That
was breach Of the law, and If we had time to follow
e e m


tanned articles Of impeachment upon them. One
other thingI desire to call your attention to- We
have heard here over and over again that
Mr.. Stanton could not have Cabinet counsel since
August IL. Whose fault was that? He attended every
meeting up TO within week Of August IL. He did his
duty up TO within week of August IL, and he was
then suspended until the 18th OF January: and when
he came back into Office 1t was not for The President
to humble himself but il FOR the President to no
tify Mr.. Stanton at the head Of the War Depatme
TO come and take his seat IN the Cabinet But that
to thus thrust himself upon the President but IL
for him to go when he understood that his presence
would be welcome. But II Is put forward
Cabinet board and the learned counsel has
just told us that it was constitutional board. On
that want to take issue once for ALL Senators, 1t is
an unconstitutional board. There Is not one word


In the constitution about Cabinet or about board.
The learned gentlemen have told us that board
almost shield for the President, and there has
recent friends to get this board around them to
The constitution says that the heads Of departments
may he called upon In reference to their respective
Offices to give opinion In writing to the Presi-
to call upon the Cabinet officers for their
opinions In writing. have on my table
here an opinion in writing given by UT Thomas mas
right TO appoint ambassadors. Heads OF depart
ments are not to sit down and consult with the
President; they are not to have Cabinet counses.
That is an assumption OF executive power which has
grown up, little by little, formed upon the Cabinets
OF the Old World. The trainers OF the congtituton
came that celebrated word "cabal," which has been
the synonym OF all that is evil in political combina-
tions from that time to this, and 1t was not mere
capriciousness their part that they required not
that there should be verbal consultations semi.
weekly and that secret conclaves might De nea Dus
that there should be written opinions asked and
given. Think OF 1t; picture to yourselves, Senator's


President johnson and Lorenzo Thomas in Cabinet
consultation to shield the President, and OF Lorenzo
Thomas stating 10 him that II was for the good OF the
service that he should be appointed III they have
right to put In one Cabinet Ofcer they have right
TO put In another. II tney have right to put In the
opinion Of one Attorney General, who Is not by tne
way Cabinet oicer, and If they have the right 10
nut in the opinion Of one head or department. they
have right to put In the opinion OF anoher II OF
permanent Cabinet officer. then OF temporary one;
fore find no dereliction OF duty ON the part OF Mr.


Stanton In not attending the Cabinet counsels Let
them show that the President has ever asked from
Mr. Stanton an opinion In writing as to the duties
OF his department, or that he has ever sent an
order 10 him which he has disobeyed and
fiat will show a reason: but ] pray the
senate not to let US go into the region OF opinion.
I have taken this much time, senator's because
\ ~ finn N "A dcCisiOu