New-York tribune., 1867-08-09

10 inc grave Ol DOuSldSJ N"o NV
party Then the issues OF Reconstruction
were presented, and it was well understood
that Mr.. Stanton did not side with the PreSl-
dent. Then it was rumored that he wished 10
resign and consented to hold Office only at the
earnest request of the Republicans IN Congress
The recent publication of the Cabinet debate
mon Reconstruction confirmed the belief that
Mr.. Stantou's Republicanism was mistaken, and
now comes the threat Of his removal, and the
announcement that he has been for more than
n wear one of the many officers whom Mr.
Johnson las desired to remove without daring
10 take the responsibility to Congress
and the people the greatest obstacle to the
Rebel rule which Mr.. johnson has tried to
establish.
To the Secretary of War we have been in
many things opposed; we have denied the
Justice of his arbitrary arrests; his irresponsi-
ble commissions his military trials in cases
where civil authority was sufficient to punish
crime or redress wrong. But we have not
failed to recognize his ability or his patriot
ism and we know that it is not because OF his
faults, but entirely because of his virtues, that
Mr.. johnson would expel him from the Cabinet.
No man will ever be removed by Andrew john
son for infdelity to Republican principles, and
there is no better recommendation to his favor
than q willingness to evade and nulllfy the
laws. The President wishes the Secretary OF
War to be a man like Mr.. Stanbery, ready to
furnish arguments that the law is not a law,
but a farce, and to execute it in the spirit OF
burlesque That Mr.. Stanton could not do this
is the sole reason for his removal, for it is not
| IL a Io boe pooIootn1 aYcppupu the
duties of his Office. The Presidents bitter op-
| position is wholly based upon the question OF
Reconstruction, and has placed MIR. Stanton,
where we are glad to find him, in sympathy
with Congress, and side by side with Sheridan.
| But the Tenure of Office act was framed
expressly to prevent the unrestrained power OF
the President over the great executive OfhceS
of the Government. 1t was intended to con-
| fine the President to the exercise OF his own
| constitutional functions. Allow the Executive
absolute power of removal and appointment,
and he may himself become in fact the Secre-
tary of State, the Secretary of the Treasury the
Secretary of War. He may remove statesmen
and appoint his creatures in their places In
theory such unlimited power as tins aD-
serbs all the departments OF State III one,
and makes the Cabinet an oigarchy, the Presl-
dencv n tyranny; Mr. johnson gave reason TO
believe that it would also be so in practice.
Congress therefore, asserted the right OF the
legislative authority TO limit the action OF the
Executive by sanction or disappr0val, pre-
cisely as the Executive limits the legislative
authority by the right of the veto. The Civil
Tenure act takes from the President the
mower 10 appont or remove Cabinet officers
without the consent of the Senate, but the
second section gives him the right to suspend
from office, and 20 make temporary appoint
ments during the recess of the Senate. Mr..
johnson may therefore suspend the Secretary
of War, but so long IA he is not suspended, he
cannot be deprived of any of his rights, or
relieved of his responsibilities. He is also
part Of the Government and the anomalous
position in which il is saidi MI John
son would place the Secretary Is un-
known TO our laws. The President
would exclude the Secretary of War from Cabi-
net mcetings-he has no right TO do so; he
would refuse to acknowledge his official acts
he is equally without right. He must either
suspend Mr.. Stanton altogether, or not at all,
and we are not certain that suspension would
not finally be better for the country. Nh. Stan
toms presence in the Cabinet has given the
Administration an authority that does not
properly belong to it, and was in n great meas
ure protection to Mr. johnson. Possibly the
wisest course would be to let the President bring
about the ridiculous crisis which the Republican
party by laws of limitation, concessions, and
rcmonstrances has so faithfully labored to pre-