The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

were DESTROYED on Wednesday night
There we're nineteen yellow foyer interments In New
Orleans Wednesday and two in Mobile yesterday
The Case OF Secretary stanton-Congres.
and the President.
"On the 21st day Of November" sad Mr.
| Speaker Coliax, in his remai ible par .isan
speech at the Cooper Institute the other even.
ing, "only twcniy-nine days more--I count
the dlys, day by day. cheers)--on the 2lst
of November the Congress of the United States
will again assemble; it Will again assume its
legis alive authority and power in those
| alls-(applause)-a when twenty days
| expire from that time Edwin M Stan ON will
90 buck again into the War Department
(tremen lous and p -olongod cheering)--and /
can say, in the language of one of Watts
hymns
Fly swiftly rouni. 20 wheels OF time,
And speed the Welcome day
This may b, considered an Official notice
from The Speaker o: the House OF Representa-
lives to President johnson to prepare for what
i, coming. Mr.. Stanton, rs Secretary Of War,
was some time ago Gu ,ssed by the President
to resign. Mr.. Stanton pointcdly and posi-
lively declined to do 50 !; whereupon he was
splaced, and General Grant for the TIM,
being was assigned to the duties of the War
Ollie. III, President, If he adopted the alter
native OF susp Ems on dill so in order, while
ma ntaining the dignity of his ofic,, 10 avoid.
if possible, o col i.on with Congress on the
Tenure of Office bill" That bill, passed
over tie Presi lent's veto ut the last session of
the Thirty ninth Congress, provides, among
the Treasury, Of War, OF the Navy, of the
Interior, and the Postm lster Gen eral and the
Attorney General, shall hold their Offices
spactively during the term oil The President
by whom they my hivs been appointed, and
one month thereafter, subject TO removal by
and VITA the advice and consent of the
Sen ,te." The bill further provides -
Suction 2-That when any officer appon ed rs aforc.
d. excepting Judges of tho Quilted Slses Courts Shall
during Of the enae, he shown oy evidence
factory to the President u he guilty OF misconduct in
office crime, or Tor reason shall become incapable
,r legally disqualified 10 perform its duties, such case,
and OH r the Pres dent may suspend such officer,
aud designate some suitable ierson 10 perform tempo
rary tho duties Of sycn oics until the citing OF
senate and until the shalt be acted upon bv
Senate ana in such " shall be the duty OF III
don't within twenty days ater the Grst day such next
meeting OF tho senate 70 report 10 the senate
pensiop with evidence and for hs ac,,on In
Inc case and tho Of tho person designated to
perform tho duties such Office, aud II the Senate shall
concur In such SUSPENSION and advise consent 10 tue
OF officer they sral 50 certify 10 The Pres
dent who may theronpon remove such oficer and by
with he advice and consent OF the Senate appoint
hcr person sucn Office. but II the Senate shall
refuse to concur IN suspension such officer shall
forth wth resume the functions Of bis cillce and tho
powers person appointed in his sicad hall cease,
and the official salary and EN- lum' nts of ca office
snail, during such SUSPENSION belong 10 the person
performing the ducs thereof, and not 20 the officer so
suspended Provided, however that the President IN
he shall become satisfied that such suspension Was
insufficient grounds, sna be author zed at any
time before reporting such suspension TO tue Senate. as
above pr vded revoke such suspension and rensae
officer In tLe performance Of tho duties Of his
Office
This explains the prediction of Mr.. Speaker
Colflx tina. twenty days after the meeting Of
Congress "Edwin NJ. Stanton will 60 back
again into the War Department. Perhaps h,
W IL, and perhaps not What Mr. Johnson pro-
poses to do in the premises we do not know.
We understand, however, IRON parties who
profess 10 know, that Mr.. Stan!on's case will
turn out to be- not case Of suspension, but
OF removal from Office and that probably
within the twenty days aforesaid after the
meeting Of Congress the name Of Stanton's
chosen successor win be sent up to tn, Senate
for confirmation; that Mr.. Johnson holds the
ground that this Tenure Of Office bill invades
his constitutional rights; that he is. therefore,
bound to carry this question, if necessary, 10
the Supreme Court that he will, accordingly
If called upon by the Senate TO reins.ate Mr.
Stanton. decline to do so, and in such manner
as to compel a submission Of the case to said
court. or course, should the decision Of the
court be agains. him, he will reinstate Mr.
Stanton; but II the line Of action indicated
has been resolved upon by the Executive. he no
doubt has his reasons Tor believing TINT this
Tenure OF ONCE bill will be pronounced by the
court Of last resort unconstitutional and void
The Speaker Of the House, therefore, in pre-
dieting the speedy reinstatement Of tho dis
placed Secretary Of War, may be counting
without his host We cannot imagine TIA! Mr.