Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-12-16

tons Of high public character In this note
OF August l2, a new and different sense of pub
lic duty c0npsls him him to n deny the Presidents M
consent Of the Senate. This last is the pu olic
duty of resisting an act contrary to law, and
he charges the President vita violation OF the
law in ordering his suspension.
Mr.. Stanton refers generally 10 the - Consti-
tuition and laws Of the United Srates," and
says tnat sense OF public duty "under'
these, compels him TO denv the right of the
President TO suspend him from Office. As 10
his sense of duty under the Constitution,
tbot will be con sidered in the sequel AS to his
sense of duty under sithe laws of the United
States" ne certainly cannot refer to the law
which creates the War Department.; for that
expressly confers upon the President the un-
limited right TO remove the head OF The depart
ment. The only other law bearing upon III.
Question Is the tenure of Office act passed by
Congress. over the presidential veto. March
2, 1867. This ls the law which under sense
ofpUblic dsty Mr.. Stanton volunteers to de-
Tend.
There is no provision In this law which COM
pels any officer coming within its provisions
70 remain in Office. IL forbids removals, not
resigHations. Mr.. Stanton was perfectly free
to resign a. any moment, either upon his own
motion, or in compliance with request or an
order. 1t was q matter Of choice or OF taste.
There was nothing comp ulsory in the nature
oflega! obligation. Nor does he put his action
upon that imperative ground. He says he acts
under 'Ssense of public duty, not oflegal OBJ
legation, compelling him to hold on, and lesv-
ing him no choice. The public uuty which is
upon him arises from the respect which he
owes 70 the Constitution and the laws, violated
in mis- own case. He IL, therefore, compelled
by this sense of public duty to yindlcate yio-
lated law and to stand as its champion.
This was not The first occasion in which MIR.
Stanton, in discharge OF a public duty, was
called upon 10 consider the provisions OF that
law. That tenure of Office law did not pass
without notice. Like other acts, II WAS sent TO
the President for approval. As is my custom,
submitted It's consideration to my Cabinet
for their advice upon the question whether L
should approvei II or not. 1t was a grave ques-
ton OF constitutional Iaw in which would,
OF course, rely most upon the opinion OF the
Attorney 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 without doubt or reservation; but
Mr. Stanton's condemnation of the law was
the most elaborate and emphatic. lie referred
10 the constitu tional provisions, the dsb9tes in
Congress, especially 10 the speech OF Mr. Bu-
chanan when Senator, 10 the decisions of the
Supreme Court, and to the usage from the be-
ginning OF the Government through every
successive administration. all concurring to
establish the right or removal AZ vested by The
Constitution in The Pres ident. To all these he
added the weight OF his own deliberate judg-
ment. and advised me- that IL was my duty to
defend the power OF the President fro N usur.
patIon and te veto the law.
do not know when a sense OF public
dufy Is more imperative upon a head Of de-
partment tEan upon such an occasion as this
he acts then under the gravest obi cations OF
dent for advice. " Is the Constitution which
speaks 10 him. All his other duties are left by
the Constitution TO be reg ulated by statute: but
this duty was deemed so momentous that II Is
imposed by the Constitution itself
After all this. L was not prepared for the
ground taken by Mr.. stanton in dis note of
august 18th. l was not prepared TO find him
compelled. by a new and indefinite sens OF
public duty under 'the Constitution 10 as
sume the vindication OF law which, under
the solemn oblgatio Ds of public duty, imposed
n v I'D m p WI
violation Of thaf Consultation. l make great
allowance for change Of opinion, bpt such a
greatest indulgence. Where our opinions take
the shape of advice. and influence the acton
OF Others, the utmost stretch Of charity Will
scarcely justify US IN repudiating them when
they come 10 be applied 10 ourselves
But o proceed with the narrative | was
much struck with the fun mastery OF the aues-
tIon manliested by Mi. Stanton, and was at
the time so fully occupied with the prepara.
ton OF another veto upon the pending recon
struciion act thatl requested him 10 prepare
the veto upon this tenure Of Office bill. TINS
he declined on the grouI d of physical disahih.
~ to undergo. AT the time. the labor OF writing
but stated hIs readiness to furnish what aid
rails for the paper
Al the time this subjec, was before the cab
inet 1t seemed TO be taken for granted that as
10 those members OF the cabinet who had been
appointed by Mr.. Lin coin. their tenure Of Of
flee was not fixed by The DIVISIONS Of the act
do not remember tnat the point Was distinct
suggested by one member OF the cabin-r who
was appointed by Mr.. Lincoln, and that no
dissent was expressed.
Whether The point was we'll taken or not
did not seem 10 me OF any consequence, for the
unanimous expression OF opinion against the
constitutioIaity and policy OF :he aet was so
decided that felt no concern, so far the act
had reference to the gentlemen then present,
that would be- EN- mbarrassed in the future
| The bill had not then become q law. The Iim-
itation upon the power of removal wac not yet
m hAr
changes. II any one OF these gentlemen had
| then said 10 me ybat he would avail himself of
the provisions of that bill III case ii became a
law, l should not have hesirated a mo-
ment as TO his removal No pledge was then
| expressly given or required. But there are
] circumstances when 10 give an express pledge
is not necessary. and when TO require IL is an
| lmputation OF possible bad faith / felt that II
| these gentlemen came within the purview OF
| the bill u was TO them dead letter, and tnat
| none OF them would ever take refuge under its
provisions
/ now pass 10 another subject. When. on
| the 18th OF April, 1865, the dBies of the presi.
| Dental Office devolved upon me, found 4 full
cabinet OF seven members, all Of them selected
| oy MIR. Lincoln. i made no change; on the
| contrary, shortly afterwards raufed change
determined upon by Mr.. Ii incoln, but not per-
1ected a. his death, and admitted his appointee,
| Mr. Harlan, in The place OF Mr.. Usher, wh0 was
| in ofiics at the time.
| The great duty OF the time was 10 re- as ab-
| lish government law, and order in the insur-
| cess, and the sudden overthrow OF the rebellion
| required speedy action THIS grave subject
| had engaged the attention OF Mr. Lin
| coin in the last days st his life, and the plan
| according TO which II was 10 be managed han
| been prepared and was ready for adoption. "A
1 leading feature OF thai plan was that IL should
| be carried out by the executive authority, for,
| so far az have been informed neith er Mr..
| Lincoln nor any mem beT OF MS ca net doubted
| MS authority 10 act, or proposed to call an
| extra session OF Congress 10 do rbe work. The
| Drst business transacted in cabinet after
| became President was this unfinished business
| OF my predecessor. A plan or scheme Of re-
| construction was produced which had been
| prepared for Mr.. Lincoln nv Mr. Stanton, his
| Secretary of War. II was approved, and, a.
| the earliest moment practicable was applied
| in the form OF a proclamation TO the State of
| North Carolina, and afterward became the
| bas Is of action IN turn fer the other States.
Upon the examination of Mr. Stanton before
| the Impeachment committee he was asked the
| following question: "Dd any one of the
| cabinet express . doubt OF the power OF th q
| executive branch OF the government 10 reor-
| ganiZe State governments which had been in
| rebellion, without the aid Of Congress p Fl.
| answered, ..NOne whatever. / had myself
! entertained DO doubt of the authori.y OF the
| President 20 "a ke measures for the oFsauization
| ring the vacation OF Congress, aud agreed In
| the plan specified in the prOciamat In the
case OF North Carolina" -
| There is, perhaps. NO act of my administra j.
ton for which have been more denounced