The New York herald., 1867-03-03

Il
VIA Il Is not here said by removal OF the President
az u Is done with respect 70 the heads OF other de-
ONCE with the same tsnure az the other sscrs,. s "a
IL removable by the President The change Of phrase.
oloN y arose probably from its having become the
constt uon The power Of removal was vested in the
Presden alone in such cases although the appointment
q s u most shs ssa
commentstors upon the constitution concur in the con
:.ruc.On thus ry gwen By Congress ana thus sane
the Congressional a bate TO which have referred Nr
Justice Story % this conclusion: on:-"Aftss
Of was or the powsr oS rs
movsl In the President without any cooperation the
Senate By the vote Of thryfoor members against twenty
In the Senate the clause in tbs bill ing the power
dent. Tns. As ana ascison Of Inc s Question aso',
Of the President then in once was asserted q. the sms
and has always been believed; yet the doctrine was
opposed = veil a. supported BY the highest legal talent
quesced in this decision and h constitutes, perhaps the
most extraordinary case in the history Of the
by bsre majority Of Congress, which has not been
questioned on many other occasion. The COM
.ss .s ass ss
follows" On the nrss organisation Of the govern.
mont IL was u.ado . question whether the power Of
removal in cas-, Of officers appointed TO hold once at
pleasure lrcsid, nowhere but In the body which ap-
pointed, and of course whether the consent Of the
struciop given TO the constitution while pending
for ratncatOn before the State conventions BY the
author Of the Federast But the construction which
given 70 the constitution BY Congress- after great
consideration and discussion, was different The words
Of the acs establishing the Treasury Department are
s'and whenever tho eay1A shall be removed from Office
y tne Psesdshi OF the Urted Or IN any other case
OF vacancy in the once the assistihi Aa act This
amounted 70 legislative construction Of the
and II has since been acquesced In and acted u
a. decisive authority in the case Il applies equally 70
every other officer Of the government appointed by the
clared II is supported by the weighy reason thai the
subordinate officers in the Executive Department ought
to be held at the pleasure Of the head Of the Depart
ment because he Is invested generally with the Execu.
tive authority and the participation In that authority by
the Senate was exception to general principle and
ought to be taken strictly The President is the great
responsible oicer for the execution Of the law and the
power OF removal incidental to that duty and might
often be requisite to fulfil It."
Thus has the important question presented by this bill
been settled In the language of the late Daniel Web
ser who while dissenting from it, admitted that 1t was
government and settled by statute The events Of the last
furnished practical confirmation of the wisdom OF
the constitution rs y has hitherto been maintained 10
Of consideration When the war broke out rebel enemies
traitors abetors and sympatbize found in every
department OF the government, we'll in the civil
service in land and naval military service They were
found In Congress and among the keepers of the capitol
rar,ments in she judicial service in tho Post oce and
among the agents Of conducting Indian affairs upon
probable suspicion they were promptly displaced by my
ecutive authority, and their duties connded to and
loyal successors. No complaints against that power
any quarter. sincerely trust and believe shat such
civil war is likely to occur again. cannot doubt, how
sedon raise an effort to hinder defeat the egt
mate action Of this government whether by preventing
the collection OF revenue disturbing the public peace
separating the States, or betraying the country to
foreign enemy, the power OF removal from Office by the
Executive has heretofore existed and been prac-
tised will be found indispensable under these circum
a depository OF the Executive authority Of
the nation. do not feel at liberty TO unite with Con-
N an y o y 70 ne a o
decd at the several periods when it has subsequently
been agitated the success Of the constitution OF the
United States as and peculiar system OF free rep
resentative government held doubtful in other
countries, and subject Of patriotic appre-
selves trial of nearly eighty years, through
the vicisstudes Of foreign conflicts and or
extngushed all such doubts and apprehonsions for the
future. During that eighty years tho people OF the
United States have enjoyed measure OF security,
peace. prosperity and happiness never surpassed
by any nation. cannot be doubted that
the triumphant success Of the constitution is
functions Of the government distributed between
the sthree principal departmentsthe legislative, the
executive and the judclaland to the elty with which
each has confined itself been confined by the general
voice Of the nation within its peculiar and proper sphere
While just proper aud watchful jealousy Of executive
power constantly prevails, ms ought to prevail
yet 1t equally true that efficient executive capable,
in the language Of the oath prescribed to the President
tive action, Of preserving projecting and defending the
Constitution OF the United States Is indispensable
security for tranquility ut home, and peace, honor
and safoty abroad Governments have been
erected in many countries upon our model II one or
many OF them have thus far failed 10 fully securing TO
their people the benefits which have derived from
system Il may be confidently asserted that their
misfortune has resulted from their unfortunate failures to
maintain the integrity OF each Of the three great depart
ments while preserving harmony among them ALL Having
carly period accepted the constitution Ia regard to
the Executive office In the sense In which 1t was inter-
preed with the concurrence Of its founders, have
found Sufficient grounds In the arguments now op
posed that in any necessity
OF the times for changing those opinions return the
bill TO the Senate, In which house originated for the
further consideration Of Congress which the constitution
prescribes
In much the several parts OF the bill which have
considered matters chiefly OF detail, and are
based altogether upon the theory OF the constitution
from which am obliged TO dissent have not thought
necessary examine them with view to make them
occasion OF distinct and special objections Expert
ence think has that II Is the easiest, as II Is
the attractive. OF studies to frame constitu
tions for the OF free states and nations
But I think experience has equally shown that
IL is the most difficult OF all political abors to
self government when happily established know
other in which they can be preserved aud main
tanned except by constant adherence 10 them through
the various vicisudes OF national existence with such
adaptation become necessary always TO be ci-
fected however though tho agencies and in the forms
prescribed In the original constitutions themselves When
administration fails seems to fail In securing
established the proper seems be to the
original spirit and forms Of the constitution itself
ANDREW JOHNSON
WASHINGTON, March 2, 1867