The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-12-16

pust D. Mr. Stanton stated that he had been con-
strained TO continue in the office even before he was
rcuuosed to resign by considerations of high public
character In this note Of August ~, new and diff
ferent Of public duty compels him to deny the
Presidents right 20 suspend him from office without
the consent Of the Senate. This last is the public duty
of resisting an act contrary to law and be charges the
President with violation of the law IN ordering his
Mr. Stanton refers generally to the Constitution
and laws ofthe United States, and says that sense
OF public duty "under" these compels him to deny the
right OF the President to suspend him from office. As
TO his sense ofduty under the Constitution, that will
be considered in the sequel. As to his of duty
under the laws of the United States" he certainly
cannot refer 20 the law which creates the War Depart
mtnt for that expressly coniers upon the President
the unlimited right to remove the head of the depart
nent The only other law bearing upon the question
is the Tenure OF Office act passed by Congress over the
Presidential veto March 2, 1861 This is the law
which, under sense Of public duty which Mr.. Stan
ton volunteers to defend
There is no provision in this law which compels
any officer coming within its provisions TO remain in
office. IT forbids removals, not designations Mr.
Stanton perfectly free to resign at any moment
either upon his own motion, or in compliance with
request or an order. II was matter of choice or
taste. There was nothing compulsory in the nature
of legal obligation Nor does he put his action upon
nat imnerative ground. lie saws he acts under a
'sense OF pullic duty' not Of legal obligation, COM
peng him to hold on, and leaving him no choice
The public duty which is upon him arises from the
respect which he owes to the Constitution and the
laws, violated in his own case He is therefore,
PEELED by this sense Of public duty to yndicate yio-
lated law and to stand IS Its champion.
This was not the first occasion in which Mr.. STAN
ton, in discharge Of public duty, was called upon to
consider the provisions of that law That Tenure of
Office law did not pass without notice. Like other
acts IN was sent 10 the President for approval As s
my custom, submitted its consideration to my Cabi-
net for their advice upon the question, whether |
should approve IL or not. lt grave question OF
constitutional law in which would of course, rely
most upon the opinion Of the Attomey-General and
OF Mr. Stanton, who had once been Attorney-General
Every member of my Cabinet advised me that the
proposed law was unconstitutional. All spoke with
ont doubt or reservation; but Mr. Stantons condem-
nation Of the law was the most elaborate and empha-
tic, He referre to the constitutional provisions the
debates in CongTess-especiay to the speech Of Mr..
Buchanan, when Senator-to the decisions OF the
Supreme Court, and to the usage from the beginning
Of the government through every successive admins
tration all concurring to establish the right of remo
val as vested by the Constitution in the President.
To all these he added the weight Of his own deliberate
judgment, and advised that il was my duty to de-
lend the power of the President from usurpaton, and
do not know when sense of public duty is more
imperative upon q head of department than upon
such an occasion as this. He acts then under the
grayest OBLIGATIONS oflaw for when he is called upon
BY the President for advice, il is the Constitution
which speaks to him. All his other duties are LEFT, by
the Constitution to be regulated by statutes but this
duty deemed so mOmentous that II Is imposed by
the Constitution ITSELF
After all this l was not prepared for the ground
taken by MIR. Stanton in his note OF August H. was
not prepared to find him compelled, by new and in
| definite of public duty under "the Consttu-
tiou" to the vndication of law which, under
the sOumn obligations of public duty, imposed by tho
Constitution itself, he advised violation OF
| that Constitution. l make great allowance for q
change of opinion, but such change this hardly
falls within the limits of greatest indulgence. Where
our opinions take the shape OF advice and in
fuence the action of Others the utmost stretch of
charity will scarcely justify in repudiating them
when they come to be applied to ourselves.
B 10 proceed zee WI WIN the narrative was so much
Tested by Mr.. Stanton, and was at the time SO fully
occupied with the PREPARATION OF another veto upon
the pending Reconstruction act that requested him
to pfepare the veto upon this Tenure Of Office bill This
he declined to do on the ground of physical disability
to undergo,at the tme the labor of writing but stated
his readiness to furnish what aid might be required
in the preparation OF materials for the paper
seemed TO be tax EN- for that as those
of the Cabinet who had been appointed by Mr. Lin
sions of the act do not remember that the point
distinctly decided but well rccoect that 1t was
suggested by member of the Cabinet who was ap-
pointed by Mr.. Lincoln, and that no dissent was ex-
pressed; 80. a., ,ot
seem to me OF any consequence, for the unanimous
expression of opinion against the cOnsutonality and
policy Of the act was so decided that leI no con-
cern so far the act had reference to the gentlemen
then present. that would be embarrassed in the f1-
| ture. The bill had not then become law The llml-
| tatiOn upOn the power of removal was not yet I'M
| posed and there was yet time to make any changes.
| ifany one of these gentlemen had then said to me
that lie would avail himself OF the provisions OF that
bill in it became law, should not have hesi-
tated moment as to his removal. No pledge was
then expressly given or required. But there are cir
cumstanccs when to give express pledge is not ne
cessary and when to require II Is an lmputatlon OF
| possible bad faith. | felt that if these gentlemen
came within the puryiew Of the bill, it was, as to
them, dead letter. and that none of them would eVel
take refuge under its provisions. A., ,,,
OF April 1863 the duties Of the Presidential office de-
voNed upon me, 1 found full Cabinet of seven mem
bers all of them selected by Mr.; Lincoln. MADE nc
change On the contrary, IshOrty afterwards ratified
change determined upon by Mr.. Lincoln, but not
perfected at his death, and admitted his appointee
Mr.. Harlan, in the place OF Mr.. Usher, who was in
! Office at the time. ~
The great duty of the time was to re-establish GO
Yernment law and order in the insurreconary States
Congress was then in recess, and the sudden over
throw of the Rebellion required speedy action rms
grave subject had engaged the attention OF Mr.. LIN
coin in the last days of his life and the plan according
to which it to be managed had been prepared and
was ready for adoption. leading feature of tha
plan that it should be carried out by the Executive
authority, for, far have been Informed, neither
Mr.. Lincoln nor any member of his Cabinet doubted
his authority to act or proposed TO call an extra ses
sion Of Congress to do the work. The first business
transacted in Cabinet after became President wal
this unfinished business OF my predecessor. plan o.
scheme Of reconstruction was produced which ha(
been prepared for Mr.. Lincoln by Mr. Stanton, hi'
Secretary Of War; twas approved and, at the earlies
moment practicable, was applied in the form OF pro
ward became the basis Of action in turn for the Other
States.
Upon the examination of Mr. Stanton before the
impeachment Committee, he was asked the following
| question :-"Did any one of the Cabinet express
doubt of the power of the Executive branch of the
! government To reOrganize State Governments which
had been in RebeliOn without the aid OF Congress?
He answeTed-"NOne whatever. had myself, en-
tertaned doubt of the authority of the President
to take measures for the organization Of the Rebel
Estates on the plan proposed, during the vacation
Congress- and agreed in the plan specified in the pro-
Clamation III the of North Carolina"
There is, perhaps, no act OF my administration tol
which have been more denounced than this. II wal
not originated by me; but shrink from RESPONSE
by that account, for the plan approved itself L
my judgment, and did not hesitate 10 carry it into
execution.
Thus far, and upon this vital policy there was per
feet accord between the Cabine. and myself and
no necessity for change.
As time passed on there was developed an unfortunate
difference between