The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-16
Dro.,dent,s Probable Action in the
4 NO 49,, ,oC Secretary stanton.

The Presidents fIODa Sta~ton
Case Of Secretary StahtOh'
?, 3. u,vor ont from Washington that Mr..
I..-so,, has determined to ignore the Tenure
~ Ofioe bill in the case of Secretary Stanton,
and. instead of reporting the suspension OF
that efiOer, with the reasons for it, to the
Senate, as required by law, to treat his sus-
peusion as an absolute removal, and send in
a new appointment for confirmation. Of
course. this may be a mere rumor, like a
thousand others started in Washington which
never have any foundation in fact; yet there
are indications that such a course of proce-
dure may finally be determined upon. The evil
dent desire to get General Grant out of the War
Office points in this direction. He could not be
made use of to hold on to the Office in defiance
of law. Some supple and unscrupulOus tool
would have to be found if such scheme were
TO be successfully carried out. n, therefore,
General Grant remains in the War Office, 1t
may safely be assumed that the President has
made up his mind to obey the law, and that
the suspension of Secretary Stanton, with the
reasons therefor, will be duly reported to
the Senate. The attempt to ignore the law
would, of course, at once precipitate matters
between Congress and the acting President.
The moment the time had expired within
which Mr.. Johnson must have presented his
charges, should he have failed to do so, Secre-
tary Stanton would, by the operation Of the
Law Itself, become again invested with the
full powers and duties Of his office.
Congress would recognize him as Secretary of
War, and would refuse to recognize any other
person In that capacity. General Grant and the
other officers of the army would also be bound
by the law, and would recognize the lega
Secretary of War.
1t Is needless to attempt to follow out the
complications which must necessarily arise in
suoh a case. If Mr.. Johnson has a spark o.
patriotism left, he will not force such con.
fict upon the country, and if he possesses Ordi-
nary prudence, he will not invoke it upon
himself Indeed, he has already committed
himself to the law by his suspension of Secre-
tary Stanton. All the proceedings in that
case, and the language used, were according
to the Tenure of Office law. Secretary Stanton
was not removed, but suspended; General
Grant was not appointed Secretary of War,
but Secretary ad interim. The President has
therefore, recognized the law already, and
cannot consistently new attempt to over
ride it.
It cannot for moment be supposed that the
Congress of the United States will back down
Yrom the ground it has taken. We trust the
day will never arrive in this country when the
representatives of the people will concede the
right of the President to sit in judgment upon
the laws they may pass, and to pick out such
a. he will execute and such as he will ignore.
When we get to that pass we had better call
eur President an Emperor, and be done with it.
The right to refuse to execute one law implies
the right to refuse to execute another. The
right TO sit in judgment upon the Tenure o
OfROe law implies the right to sit in judgment
upon every other law. The assumption trans
forms the President into the supreme power
In the State. When we reach this extremity
lat us at least have a better and wiser mar
than Andrew Johnson to olothe with the i'm
perial purple.