Year: 1868




great a number of men of calm judicial minds,
incapable of being warped by prejudice or
swerved by passion, as probably any Court or
Legislature ever convened. The people on the
one hand and the President on the other have
felt no lack of any element of dignity, integri-
ty or ability in the tribunal before which the
ease has been heard. 1t contains judicial learn
ing enough to equip several Supreme Courts,
and embOdies the confidence of the people in
degree that vindcates the wisdom of our
fathers who made the Constitution in selecting
the Senate, rather than the Supreme Court, as
the tribunal before which Impeachment should
be tried. There never yet were acts so criminal
but plausible, or a lengthy, or, at least, some
sort Of an argument in behalf of their spOtless
innocence might be made by an ingenious or
well-feed lawyer. Judges who have presided
over our criminal courts for years, aud have
seen dragged before them the veTiest felOns
who ever scOurged society by their crimes,
have yet to see criminals abashed by their
situation, or counsel dumb for want of an ar
gllment. TO deny, therefore, that vast deal
of ingenious chaff and dust have been thrown
around the Presidents case would be to allege
that he employed no lawyers, whereas he notO-
rously had five. But when all this mighty
whrwind of talk has blown itself out,
the question of the Presidents guilt
or innocence remains unmistakably simple
and plain. Viewing it from the pOit-
ical standpoint. has he the right to expend all
the energies of his nature and all the powers
of his office in opposing. thwarting, and de-
featng the legislative policies of Congress,
instead of in seeing that they are faithfully
executed Viewing it from the judicial
standpoint, did not Andrew johnson willfully
disobey the Tenure-Of- Office law in ordering
the removal of Secretary Stanton and did he
not disobey the Constitution itself Cat least as
interpreted for him by both branches of Con-
gress in advance) in the appointment of Gen.
Thomas The Senator who answers either of
these questions in the affirmative is bound to
vote for conviction, in the coolest and most
judicial view the question can present. Con-
gress had passed an act which may be con
dcnscd as follows:


1. All officers whose appointments required
the consent of the Senate shall be removed
only by the same consent, except as herein
otherwise provided.


q Members of the Cabinet shall continue in
office during the term of the President by
whom they were appointed and one month
thereafter, unless sooner removed with the CON
sent of the Senate


The first clause and the second together evil
IDENTITY include all officers of the Government.
If Mr.. Stanton is not included in the second
he is in the first Ali the officers included in
beth sections require the consent of the Senate
60, 4b.ir Col
who have served out the term of the President
by whom they were appointed and one month
additional may then be removed by the Presi-
dent without the consent of the Senate. The act
does not state that Cabinet officers who have
served out the term in which or for which
they were appointed may be removed by the
President alone, but that those who have served
out the term Of the President by ,chOm they cere
appointed may be so removed. The former
language would have given President Johnson
the power to remove Mr.. Stanton, for the latter
was appointed in the first term of President
Lincoln, and without reference at that time to
any subsequent term. But the language of the
act does not attach the SeCretarys tenure of
office to the term in and for Which he WdS him
SELF originally appointed as it might easily have
done had such been the intent but to the
term of the President by whom he was
appointed. The President by whom Mr.. Stan
ton was appointed was Abraham Lincoln. Mr..
Lincoln's term of Office was in no way affected
by his death for though his tenure of Office
ceased with his life, his term is a prescribed
series of years which does not end until
March H. 1869 The word term is derived
from the law of landlord and tenant under
which tenants occupation of premises must
of course end with his death, but his term
continues and belongs to his executors. Mr..
JOhnsons and Mr. LincOln's service, since their
joint election, comprise but one term, viz, the
term for which Mr.. Lincoln was reelected.


The President not only knew that Congress
held that Mr. Stanton was entitled to hold his
office to the end of Mr.. Lincoln's term, but
himself, in his letter to Secretary McCulloch,
and in his messages to Congress explaining the
reasons for Mr.. SantOn's removal, comedies
that Mr.. Stanton is protected by that law, and
that his removal requires the consent of the
Senate.


1t is one of the singular absurdiies OF the
Presidents positions, that while he claims that
all the officers of the Government hold only
during his pleasure, he also claims the right to
appoint officers dd Interim /. e., until his pleasure
shall be made known. III he can appoint
single officer without the consent of the Senate to
act for day, he can appoint al officers to act for
all time. If he has the power TO constiue the
laws, and to execute only his own construction