The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-12-28

&, '@1Aave no alternative but TO submit,
KesC = superior force
V"It Will not escape attention that IN his note OF
August ) Mr.. Stanton stated that he had been
constrained to continue in the office, even before
he was requested to resign, by considerations Of a
high cubic character. In this note OF August IL,
a new and different sense Of public duty compels
him to deny the Presidents right to suspend him
from Office without the consent Of the Senate.
This last is the public duty of resisting an act con-
trary to law, and he charges the President with
violation of the law in ordering his suspension:
"Mr. Stanton refers generally to the '%constitu-
ton and lsys of the United States, and says that
a sense of public duty under these, compels HIM
to deny the right Of the President to suspend him
from Office. As to his sense Of duty under the
constitution, that will be considered in tho sequel.
AS to his sense Of duty under the laws of the
United States he certainly cannot refer to the
law which creates the War Department; for that
expressly confers upon the President the unlimi-
ted right to remove the head Of the department.
The only other law bearing upon the question is
the tenure of office act passed by Congress, over
the Presidential veto, March 2, 1867. This is the
law which under a sense of public duty Mr.. Stanton
volunteers to defend.
"There is no provision in this law which COM
pels any officer coming within its provisions to re-
main in Office. 1t forbids removals, not resigna-
tions. MIR. Stanton was perfectly free to resign ut
any ~l'otnent, either upon his own motion, or in
compliance with q request or an order. 1t was a
matter Of choice or of taste. There was nothing
compulsory in the nature OF legal obligation. Nor
does he put his action upon that imperative
ground. He says he acts under o sense of public
DUTY not Of legal Obligation, compelling him to
hold on, and leaving him no choice. The public
duty which is upon him arises from the respect
which he owes the constitution and the laws, vlo-
lated in his own case. He is, therefore, compelled
by this sense of public duty to vindicate violated
law, and to stand as its champion.
''This was net the first occasion in which MIR.
Stanton, in discharge OF q public duty, was called
upon to consiGer the provisions OF that law. That
tenure-or-ofice law did not pass without notice.
Like other acts, it was sent to the President for
approval. AS is my custom, I submitted its con-
sideration to my Cabinet for their advice upon the
question whether l should approve it or not. 1t
was q grave question Of constitutional law, IL
which I would, Of course, rely most upon the
opinion OF the ACKNOWLEDGEMENT and OF Mr. Stan
ton, who had once been Acknowledgement.
Every member Of my Cabinet advised me that
the proposed law was unconstltutlonal. All spoke
without doubt or reservations; but Mr.. Stanton's
condemnation OF the law was the most elaborate
and emphatic. He referred TO the constitutional
provisions, the debates in Congress, especially to
Tue speech OF Mr.. Buchanan when a Senator, to
the decisions Of the Supreme Court, and to the
usage nom the beginning Of the government
through every successive administration, all con-
CURING TO establish the right of removal as vested
by the constitution II the president. TO all these
lie added tho weight of his own deliberate judg-
ment, and ADVISED me that it was my duty to de-
fend the power OF the President from usurpation,
aud to veto the Law.
The President was so much struck with the full
mastery of the subject manifested by Mr.. Stanton
that, being himself engaged with a veto upon the
pending reconstruction act, he requested him to
prepare the veto upon the tenure .of-ofice bill,
which he declined on the ground of physical disa-
bility to undergo the labor of writing, but stated
his readiness to furnish what aid might be re-
quired in the preparation Of materials for the pur-
pose. At the time the subject was before the
Cabinet it seemed to be taken for granted that as
to those members of the Cabinet who had been ap-
pointed by Mr.. Lincoln, their tenure Of Office was
not fixed by the provisions of the act. The Presi-
dent does not emember that the poin. was dis
tinctly decided, but he well r~ecollects that it was
suggested by one member of the Cabinet, who
was appointed by Mr.. Lincoln, and that no dissent
was expressed.
The President next passes III to the plan Of re-
construction, which he says was not originated by