New-York tribune., 1868-05-15

session:
Mr.. .PRrsrDENr-Deeply Impressed with a sense Of my
responsibility and duty u the case now before tho senate
shall vote for the conviction Of tho President upon tha
first three Articles OF Impeachment upon the ground
that the removal Of Secretary Stanton and the appoint
ment Of AdutaHtGen. Thomas, as charged IN s"id "ri
ces were in violation Of the Constitution OF the United
States TO decide otherwise would be to say that
tho President has tho absolute and unlimited
power at an times and under all circumstance TO re-
move from and appoint 70 Office and that so much OF tho
Constitution az provides mat the President shall nom
nate and by and with tho advice and consent oi the
Senate appoint =" is Of effect. Nothing would Dc nece
slry 10 auuihiate on participation by the Senate IN ap
pontmcns except to can the appointed in case OF re-
moval an officer al uerg-that s, an oihcer to hold
unu t suits the purpose Of tho President 70 send nou
nation 10 the Senate 70 which il IL willing 70 aErce Un
firing and exhaustive researches ON Dchat OF tte rest
SINGLE Instance can bo found m the history Of the Govern
meut whore head Of Department His ntcn IciiogeN
aud appointed while iAe senate was ~ ses-
SION without he advice and consent ot that body. Moth
Ing IL cIegrcrto ny mind thaa that power o. Che Prcs.
the senate is one thg and his power during TIE recess
COrsttution SAYS that the President may h up al Va.
cancio that may happen during the recess on TIE Senate
no, l cannti Exercise vi NJ thc senate ls In session.
When removals have been made during he recess on tno
way have happened Therefore they could Doc hllcd tenn
pofsuly hy tb' PRECEDENT But now 10 s proposed by
building oue inference upon another 90 lhcllae ihe re
siou as w az tle recess. and 90 10 ahrorac nc an-
thoyty u The senate and invest the LNc I've WIN arO-
uf and d,sI Iotc power am very certain mat practice
Of removals ard temporary appointments stands upou
that clause Df The C0uruuon "mCh fteTs 70 me recess
Of the senate, and, in my Judgment s ot o.y t3ia M
Constitution 20 make one OF u. SECTIONS when applies
exclusively 90 recess, apply ao ehu cquNy 70 s's
sion f the senate Congress % should Jiy, eonI not
dCcratc any such power 90 ilr lftigtiL ,9-I's may
vest the appointment Of certain Inferior GnoolS id ,ho
UriM'iis but congress can ho more Ies1 t.o Po"ol an u.
toe President oi removing tld HpUllng h'su VI - ue
purlucnt without tho advice Of 'ho Senate than cah
vest the power u c Ir"s.iC W io make tcay without
mout has not been iucuus tent with this Wow Of
the Coustaton Fickeunes case in lstO y eiten nut
ui,aueoUs acts. President Adams did not attempt 10
pantWruts TO Irofme tor cisIatlrS h"re r Dg'n lIo
duCed, hut re found where thc President Ut0
while t,e Senate was iu session without its consent
President johnson c1.ru. sy chat De was mistaken ~ 10
ihs point ioI n "alt-yA 'n "L"t Lo "'' n.sv '' m '
sIccch wrh Dec delivered in the Senate ga the loih OF
January, 1861, n Most emphatic manner, that the
s-i'It nag 20 enc! pow, ~ u, lss ,, ", ~ , '
removal of Hr. Stanton, ana me appoint tntn' oI Gen
scIuout acts upon ths subject have ever been
construed 90 warrant the Executive acts IN question
clear disuctou H,h 'hc Constitution makes between
and session q the Senate Concerning me ne
ci-on of 1885, which made Che head and front Of the
defense u hs o may be sad that II "as brought
about hy the arguments oi James edison h the honst
Senate. both uf whom at the time expected 10 hl me
Executive Office, and both Of whom lI las been tnl;
c"nGdan5e In fbe ad1instr.ition Of Washington Most
q @ I'M ,t m dstipIished lcgi.iators aud Jndrcs of the
nation such az Webster Clay Calhoun, Kent, story
and the supreme Court Of the United States, win
Marshal al its head have affirmed the inoorrectness
OF the decision and experience has demonstrated
its mischcyOus and conflicting tendencies ana sheets
TStg We fr5er5 Sf @ coss{atdn a{R @ in @ said Il have the
cearest conviction that they looked % no other mode OF
di.pllcing officer than by Impeachment or Dy INC
regular appointment Of another per.on to the same
place think u Wholly unn,4ossay 20 70 hcs swe1t ont
Of 1892 1875 aud 1903 because ney nav ~ th ,sl 80
OF existence hy the Tenure ONCE act OF Match le9,
This is established by two familiar rules OF Jaw, Uo o., ~
thRt the act OF March l5Ii fmDra}e auY - - ~.
DE temporary and permanent appointment ana Ienohai
OF every officer when the appoimr4t !. Ne.rcu & ~ ,o
President and Senate; and the other Is h clea iPuE
nancy an preceding legislation on the SUBJECT h..at
effort has been made 10 show The removal OF stanton
p5gant infatiouy OF the statute, aud therefore the
President ought % he excused. Adopting the ycWs OF
the accused has committed act which the law declares
TO be high mlsdemcanor then II follows aecoIuIuk 70
all rules governing judicial tribunals, that Jelsiicnt
for conviction must be given, no matter what senators
"fnse Nnoh Of The argument for the defense proceeds
upon ground that the President has inc rght 10 de
congress Whatever NAV be the correct view Of this
question it mnst be admitted that the President vl9
latrs penal law Of Congress he does so AT MS peril
I bi} ~, m " M ne All and void he must
10 De constitutional aud valid, " must necessarily con
Wet ANY public officer OF private citizen may test the
validity II criminal statute by is violation; but in SO
ti ~ nnhclJ aud enforced by judicial authority TO
for crime to plead in bar Of prosecution his mistaken
opinion OF the justice validity Of the law would be
10 deliver over The land 10 anarchy Two questions only
this law before the Senate one is rs IT SOnS
tutoual And the other is Has IT been violated by the
President M Webster said IN Of his great speeches
that the regulation Tenure OfOhice iscomm0h exercise
OF legislative authority and power" Congress ~ tms
particular is not AZ all restrained or limited, by thing
contained IN the Constitution, except as 10 )udcla ON
GERS and very sure that the Senate after having
three times decided by than twohirds vote OF
the members present, at each time. that the Tennreof
Office act is constitutional, viii regard that question
e 6djttdedta Has the President broken any or the
provisions OF this actl Nobody denies tat the Dody OF
The first section, which provides that every peIso ap
poin;cd 10 Office By and with the advice and consent OF
the Senate, shall hold until ms successor s ~ ke man
ner appointed and qualified embraces the secretary OF
War but an attempts made TO construe the promise TO
the section 10 exclude that once IRON Tue otee
tion Of that act To maintain this construction reliance
e chiefly placed upon remarks Of Senator Sherman
in connection with the bill Iprcsume, on this account
origi8a itii b, and had the honor to be Chairman
OF the Committee OF Conference by whom I'M. poyiso
was reported When the bill passed the senate the eaus
of departments we're expressly excepted but the House
Of Representatives amended II by striking Ot tnhe *
copton, and the Conference COMMITTEE agIeed 10 ne
House amendment, with modification az 10 the unle
during which such officers should be under the poemce m
OF the law. There was no suggestion OF hta'oh ln ne
committee that the act did not apply to hr Jonhsohs
Cabinet and the only purpose OF the poyso wa 10 Put
Limitation upon the holding OF CaDnet ocers anu 'at
in It's fair construction great stress has been Pt upon e
words except as herein otherwise piouued JUS pIe
cedng the pToviso but the TACT Is lnat theSe Wpu
in the bill before the prOysO was atached anu iee 20
the fourth section and therefore instead OF peg an
ceptOn the proyso mere dlllheaGh ., tS ISo'h, a.
words Of the section do not see now IL y Posspe 10
conclude that Mr.. Stanton Is not, projected
Inv the body of the section prOyiso III he IL within
Tie proysO then he has right 10 hold Tor one month
after tle end OF Presidential term, ana cannot ia
Tho mean time be removed without the consent OF the
Senate That is the time expressly fixed by the proyiso
when Secretary 10 be under the projection Oh the
SENATE ana II makes no difference whether the present Is
Linco's or JohnsOns Presidential term. II MT stanton
Ia NOT affected by the prOysO, then ne is necessarily
within be body OF the section for that includes every
officer Of the United States appointed by ana win the
consent of the Senate, which Is exactly MI Stantohs
case The idea thai this act took effect two years before
was enacted so as TO anybody IRON once a that
time s simple absurdity Considerable discussion mas
taken nlace ns 10 whether the present BIZ lu-
colin an Mr Inlnsnns Presdentlal erDl Is az ~ setns