The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-10

To the Secretary of War we have beon IN i
many things opposed. We have denied the |
justice OF his arbitrary arrests his irresnonsi.
pie commission; his military trials in cases
where civil authority was sufficient 10 nnnisb
crime or redress wrong. But we bavs Mt
Jailed to recognize his ability or his patriot
ism; and we know that it is not because of he
faults, but entirely because of his virtues that
Mr.. Johnson would expel him from the Cabi-
net NO man Will ever be removed by Andrew
Johnson LOT lnn9eIty TO Republican principles
and there is no better recommendation to his
favor than willingness to evade and nullifv
the laws The President wishes the Seeretarv
of War to be man like Mr.. Stanberv. ready
to furnish arguments that the law is not law.
but a farce and to execute it in the spirit of
burlesque. That Mr.. Stanton could not do
this is the sole reason for his removal, for lis
not alleged that he has neglected or exceeded
the duties of his Office. The Presidents bitter
opposition is wholly based upon the question
of reconstruction, ard has placed Mr.. Stanton,
where we are glad to find him, in sympathy
with Congress, and side by side with Sheridan.
But the Tenure of Office act was framed ex-
pressly to prevent the unrestrained power of
the President over the great executive Offices
of the Government. 1t was intended to con-
fine the President to the exercise of his own
constitutional functions. Allow the Executive
absolute power of removal and appointment,
and lie may himself become in fact the Secre-
tary of State, the Secretary of the Treasury,
the Secretary of War. He may remove states
men and appoint his creatures in their places.
In theory such unlimited power as this absorbs
all the departments of State in one, and makes
the Cabinet an Oligarchy, the Presidency
tyranny; Mr.. Johnson gave reason to believe
that it would also be so in practice. Con-
gress, therefore, asserted the right of the
legislative authority to limit the action of the
Executive by sanction or disapproval, pre-
cisely as the Executive limits the legislative
authority by the right of the veto. The Civil
Tenure act takes from the President the power
to appoint or remove Cabinet officers without
the consent of the Senate, but the second sec
tion gives him the right to suspend from Office,
and to make temporary appointments during
the recess of the Senate. Mr.. Johnson may,
therefore, suspend the Secretary of War; but
so long as he is not suspended, he cannot be
deprived of any of his rights, or relieved of his
responsibilities He is also part of the Gov
ernment and the anomalous position in which
it is said Mr.. Johnson would place the Secretary
is unknown to our laws. The President
would exclude the Secretary of War from
| Cabinet meetings-he has no right to do so
\ he would refuse to acknowledge his official
! acts-he is equally without right. He must
4 either suspend Mr.. Stanton altogether, or not
I at all, and we are not certain that suspension
would not finally be better for the country.
| Mr.. Stanton's presence in the Cabinet has
! given the Administration an authority that
does not properly belong to it, and was in a
| great measure a protection to Mr.. Johnson.
| Possibly the wisest course would be to let the
| President bring about the ridiculous crisis
which the Republican party, by laws of limita-
tion, concessions, and remonstrances, has so
| faithfully labored to prevent.
|