New-York tribune., 1868-03-31

and duser of the revenues and to dispace deaulters
the first section OF which vacated the commissions OF
ti0n and disbursement of the public moneys VINO lhn
failed accOunt for such moneys or before the Soh Day
OF september precedug and the second section ebbetsn
fiat >" At The same time q nomination Is made 10 il
vacancy occasoued by the exercise OF the Presidents
he stated 10 the Senate with report O che reasons Tor
which such officers may have been removed; aiso, n
10 eguatc the appointment ~ posnastcrs; ana hl 10
ncyeut military aud naval officers from being dismissed
the service at the pleasure Of the President by inserting
clause in the commission Of such officers that IT j. l"
continue I'm force during good behavior, and that no
officer shall hereafter be dismissed the service eA
cut I'm pursuance OF the sentence OF cOurtmaral, or
upon address TO the President nom the two houses OF
Congress" Is IL not remarkable that exactly coroatBe
measures TO these have been passed by the AAAiXh
ouress and are the subject OF controversy at this
hari IL does not seem 10 have occurred 10 this able
Committee that Congress had not the power 70 curD me
Executive in this regard because they asserted tne
practice Of dismssing from Office TO be dangerous
violation Of the Constitution" In $780, Mr. Holmes INTRO
duced and discussed IN the senate series ui 10 49,
which contained, among other things me Iiht OF @ .lo
Senate TO inquire and me duty OF the PTesdehI 70 & m
moved in the recess" In 1885, Mr. Calhoun Mr. S0uthhrd
Mr. BibD, MT Webster MI behton, anu aaIttoe 10 con
Georgia Of the Senate were elected committee 10 co
slider the subject OF Executive patronage ana te neans
voice (Mr Benton reported bill which proyldeu ~ is
third section that III all nominations lnade py hc
moyal from office the fact of the removal shall De sttea
the Senate at the time that the nomination
IL VIII be observed that this Is the plecse secuon d =,
ported by Mr.. Benton IN 1896, ana passeu 10 seCVu
Ypal ~
passed the Senate Yeas 6 Naysan almost twothirds
vote Thus It would seem that the ablest men OF ta
day. OF both political parties subscribed 10 the power o
Congress to limit and control the President in his removal
from Office. One OF the most marked instances OF THIS
power in Congress will be found In tho act OF Feb 2
1862 providing for national currency ard the ohce OF
controller. Statute at Large, vol l2 p 6G THIS con-
trolls both the appointment and the removal OF that OH
Ger, enactng that he shall be appointed on the nomina
ton Of the Secretary Of the Treasury, by aud WIN
wa %th me sdviSc ana consent @ 0 ,e SSe @ s,
by the President by and with tho advice ana consent OF
1864 with the addition that he shall he removed upon
90 he communicated 10 the Senate Where wore
The Ngilant gentlemen then IA Doth hons,s WHO mow 30
denounce the power OF congress 70 regulate INC apPoh
men and removal 0f officers by the President as uncon-
sutuiional IL VIII be observed that the oonstiuo @
makes difference between the officers OF the army ana
navy and officers In the civil service 80 far as their a
potments and commissions removals aus ano rl % ~
are concerned Inclr COMMISSIONS nave ever run . W
hold Office during the pleasure o the President; ;; yet
volume l2 page 596 enacted that the President OF lhe
United States be- and hereby s authorized ana requested
to dismiss aud discharge from the military service either
the United states service, any officer for any CAUSE
which IN his Judgment either renders such olleer l ~,
suitable for, whose dismssiOn would promote The
public service" Why was 1t necessary to authorize
The PRESIDENT 50 to do u ne c, nad ,,1,ai Ihe con,
and his powers whatever they are as Is not doubted are
the same as IN civil office Tho answer TO this sngses-
ton may be ta TINS act was mpy one OF
only authorizing him 10 do what he was already en-
powered TO do and therefore not specially pertinent TO
this discussion But on the iSh oi Juy l'o. ongress
enacted that officer in the military or naval serico
shall,
upon. and pursuance Of the sentence OF courmaltal
TO that effect" What becomes then. Of the respondents
objection that Congress cannot regulate his power OF re
noyal from ohce In the sn0wstOiM oi MS Xetoes WHY
did fake light down this proylsl0nl IL concludes
the whole question here at issue IL s approved approval
NR sTASToS's TERM or OFFICE
II will not be claimed, however II the Tenure-ofOhice
act is constu iona and that question shall NOT argue
except has been done incidentally Tor reasons herea
be stated that he could remove Mr stanton pro
vided the Office Of Secretary OF War comes within t pro
visions. and claim made here before yOu by the AL
swer, is that that Office Is excepted by the terms Of the
law. or course shall not argue TO the Senate, composed
mostly OF those who passed the bill, what their wishes
and Intentions Upon that point cannot aid them,
but the construction OF the act furnishes few sugcs
tons. First let determine the exact status Of Mr..
stanton a. the moment of its passage The answer I'D.
nuts Mr. Stanton was appointed and commissioned and
duly qualified az secretary of War under Mr. 4neo!i m
pursuance OF the nct OF IN e absence OF any oinei
legislation or ACTON OF NE Fresdent ne lrgly hed ms
Office during the term Of ls natural life This con-dera
uOh is an hrNeI 10 cNUi! s.eEston ~ 10 tt tvI''ay
holding over from one rosdenilal Term 10 anoher On
the 2d Of March, 1861. the Tenure ofOcc act provided
hy appointment With the adVic" ana consent OF tho
scuale, shall De entitled 10 hold such ONCE unl
ed and duly qualified, except a. herein other
wise provided 10 Wit: provided that the Secretaries
shall mold thor Office during the term 0i The President hy
whom they may he appointed ana or one inohlh ,htr
after subject 10 removal bY and With the advice and con
sont OF tue senate" ~ Nhom Vas hr. stanton , az,
Lc holding under when tho bullet OF Booth Occaine
proxlinate cause oi ths tt4a "as nol ms
IN full force az that hour HAS any hct oi W ts'
dent up 10 the 12th day Of August last yatcd or inter
fcred Nifh that appointment Whose PRESIDENTIAL term
s the respondent now serving 0ut hls own, OF VT,
IlncOlu'si II his own h. IL entitled 90 four years upo
nT u four Wears by the Constitution and the regular
recurrence OF those terius Is fixed by the &C. o. ha
then his term of ofco expires on the syn "i M
lsc2 II 4 doc; not 6s,STe - not rnS n Mr saron
was vacated In any way by the trnuIe9i
Dice act then IL must have ceased one month after the
lth Of March 1862 10 wit April {, 1875 or tho ten
lreo Office act" had no retroactive effect then h. CON
mission must have ceased II II had the encc 20 yacatr
IL
wit, "a March, 1907; and In that case, from that
o a. '1 10 nv ~ be second section Of
he because no not commissioned ia aoCGfdnn,
ni in So dong from I'd March 10 I9th August became
guilty Of high misdemeanoT under the provision OF tht
scCa IL saG 80 nae b s' Mr.
acting Secretary OF War against the provisions of
hem that that act vacated In any way Mr.. stantOhn
that he himself was not serving ont me
Temander OF MT Llne9hs riesdsn'ia len teti, 'hen he
article for this nisdemesnOr TO remove ihe PRESIDENT
observations made by Senators tending To show
hat il did not apply to Mr.. stanton, because II
would wish to hold his place against tho wishes oi hs
chief by whom he had been called into counc and these
rgunents have been made the groundwork Of attack
lpOn "A meritOriOus officer which may have - Influenced
he minds OF Senators that IL is my duty 10 observe upon
hem arguments TO the prejudice OF my canse:
without stopping 10 deny the correctness OF the general
pIopoSiu1n' 'n.io 'e Th !" ,dnt 20 III Paoj call
Mr. Me'I stanton into his COUNCIL The blow OF tho
assassin did cali the respondent 10 preside over Cabinet
Df which Mr.. stanton was then an honored member,
beloved VI its Chief and II the respondent deserted the
principles under which he was elected, betrayed his
trust, and sought 10 return Rebels, whom the yalor Of
our had subdued, again into power are not those
reasons not only why Mr. stanton should not desert his
post, but true patriot, maintain IL all the more
rmly against this unloOkedfOr treacheryi Is 1t not
known TO You, Senators and 20 the country, that Mr.
stanton retains this unpleasant dstaste position
not Of his will alOne but at the behest OF majority
those who represent the people Of this country in both
Houses LEGISLATURE
VI the Senate that any attempt 10 remove him
without their concurrence Is unconstitutional and
unlawfulf TO desert nO, therefore, wOnd be 10 im
tate the treacheTy Of his accidental Chief But what
may be the construction OF the Tenurc OF Civil OF
acD' by Others regards others, Andrew John.
son, the respondent IS concluded upon H. He permitted
stanton the duties OF his Office in spite OF
LIZ. L..