Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-22

tive by which be processes to have been gov =
lerned in his violation of the laws of the coun.
try, having taken an oath to preserve protect
and defend the Constitution. of the Uaited
Stst,s. One of the prov isions of that Constitu-
ton is that the President shall take care tb at
II the laws be faithfully executed" In this in
II junction there are no qualifying words Inas.
| much as he can neither plead nor prove his
motive, the presumption OF the law must re-
maip that in violating his oath OF otiice aud the
Constitution Of the United States he was in-
fluenced by a bad motive. If President be-
4 lieving a Law TO be Unconstitutional may re.
fuse TO execute IT, then their laws for the recon-
struetion of the southern States, their laws for
the col lection OF the iaternal reveuua, their
l laws for the collection Of custom house duties
are d. pendent for their execution, upon the
| indi yidual opinion of the President as to
/ whether they are constitutional or not: and IL
| these laws are so dependent, all other laws are
/ equally dependent upon the opinion of the
| Executive. No criminal was ever arraigned
/ W no offered a more unsatisfactory excuse for
4 his crimes. The President had no right TO do
\ what he says he designed 10 do, and the evl-
\ dence shows that he never has attempted to do
what he how assigns as his purpose when he
| trampled the laws of his country under his
\ feet. .T 70 ~
| From the premises ALREADY laid down, he said,
otlce is not vested in the President alone, but
only IN the President by ana with the ad vice
and consent OF the Senate. There is, under
and by virtue of the clause of the Constitution
quoted. no power OF removal vested either in
the President or in the Senate, or in both of
them together as an independent power: but it
Is fainera consequence OF the power OF ap-
pointment And as the power of appointment
Is not vested IN the President but only the
right to make a nomination. W hich becomes an
appointment only when the nomination has
been confirmed by the Senate, the power of re-
moving public officer cannot be deemed an
executive power solely within the meaning of
this provision OF the Constitution. Mr.. Bout
well quoted the Feder1iist in support of his
position, and said that no legislation has at.
tempted 10 enlarge or diminish the constitu-
tional powers Of the President, and no legisla.
ton can enlarge or diminish his constitutional
powers in this respect.
On the 2lst day Of February last Mr.. Stanton
was de fodo and de jure Secretary for the De-
Mr.. Stanton of that date, is an ad.
mission, not only that Mr.. Stanton was Sec.
retary of War on the 2ist of February, 1865,
but also that the suspension OF that officer of
the 18th Of August, A. d. 1867, whether made
under the tenure-Of.office act or not was abro-
gated by the action of the Senate Of the 18th of
January, 1o6e, and that then Mr. Stanton
thereby was restored lawfully to the Office of
Secretary for the Department OF War. ON the
.ist day OF February the Senate was in session.
There was then but one constitutional way for
the removal Of Mr. Stanton; a nomination by
the President to the Senate OF a success sor ard
his confirmation by that body. The President
attempted TO remove Mr.. Stanton in a way not
known TO the Constitution, and III violation
thereof, by issuing the said order for his re-
moyal.
In the first of the articles it is set forth tba,
TINS order was issued sin violation of the Con.
siiutioE and of the laws of the United States
If it il shown that he has violated the CoustitE
ton OF the States, II IS shown also that he has
violated his oath OF Office, which pledged him
TO support the Constitution. Thus is the guilt
OF the President, under the Cons tItution aud
upon admitted facts established beyond a rea
sonabie doubt. This view was sufficient to
Justify and require at their han nds a verdict of
guilty under the first article, and this without
any reference to the legislation OF the country,
and without reference to the constitutioualiiv
OF me ten lure -Of Office fo no
whether the Secretary of War Is included within
It's provisions or not. The President insists. or
suggests, thar Inasmuch as the letter 70 Stanton
OF the 2lst of February did not, in fact. accom-.
pllsh a removal of the Secretary, that therefore
no oilense was committed, but he cannot assume
10 exercise power, as power belonging TO the
ONCE he holds, there being no warrant in law
FOR such exercise, and then plead that he is not
guilty because the act undertaken was not fully
accomplished. The President l. as guilty in
con tenn pla,ion of law as be WouI Id have baen If
Mr.. Stanton had submitted to his demand and
renred from the Office OF Secretary for the
Department Of War.
Mr.. boutwell, then passed to the cIausa of
the Constitution which provides that the
President shall have power TO fill up all va.
cancles that may happen during the recess OF
the senate, oy granting commissions, which
shall expire AT the end Of their next session.
and argued that if it be necessary and proper
as it undoubtedly is, that provision should be
m ide for the suspen sion temporary re-
n!oNal OF officers who in the recess Of the sem
ste, have proved to be incapable or dishonest
vr who. III the judgment Of TIL President, are
dIsqualintd FOR the further discharge of the
dutIes of their off Ces II is clearly legislative
right and duty, under the Constitution. which
he quoted; also, quoting Hamilton in the Fed
erallst- Charming TO have shown conclusively
that the President had not the power during
the session of the Senate to remove either the
Secretary OF War or any civil officer from Office
by virtue OF the Constitution. The Presidents
claim was fTaught with evils OF the gravest
character. The history OF the career OF An
drew johnson shows thar h. has been driven
IN ha nftk ,sc
and events connected with his criminal design
TO break down the power of Congress, 10 sub
vert the Institutions OF the country, and thereby
to restore the Union in the interest of those
" no pal ticipated in the rebellion Having en-.
tered upon this career OF crime he soon found
itessentll TO the accompli> hment OF his pur-
poses 10 secure the support of the immense
retinue of public officers Of every grade and
escription in the country.
Speaking OF the removals by the President in
order to put his friends in office and of his
subsequent acts. Mr.. Boutwell, SAID that Con.
gress passed the tenure of Office bill as barrier
10 their fuIther progress but IL had thus far
proved Intellectual as complete remedy: aud
now the President by his answer To the art icleS
OF imeeae ehment. asserts his right TO violate il
altogether. and by interpretation of the
constitution which is alike hostile TO its letter
and to the peace and welfare of the country he
assumes 10 himself absolute and unq quai lifted
power over all the Offices and officers of the
country. The removal of Mr. stanton, con.
traIy 10 the Constitution and the laws. is the
particular crime of the President Tor which
they now demanded his con yiction. Il was no
excuse for the President that he has taken the
advice OF cabinet officers in support Of his
claim In the first place, he had no right under
the Constitu ion to the advice of the head of a
department, except upon subjects relating 10
the duties OF his department. But OF what
value can be the al vice OF men who, in the first
instance. admit that they hold their Offices by
the VIII OF the person who seeks their advice,
and who understand most clearly that il the
advice they give should be contrary 10 the
wishes of their master, they would be at once,
and IN onformiry with their own theory Of the
rights of the President deprived of the office es
which they hold,
The President is a man of strong will. of
violent passions, Of unlimited ambition. with
capacity to employ and use timid men. atihe.
siNe men, subs ervient men, and corrupt men
as the instruments of his designs. The thanks
OF the country are due to those distinguished
soldiers VINO, tempted by the President by
off Of kin cd ems which were not his TO ri We
refused to fall down and worship the tempter
And the thanks Of the country are not less due
to General Emory, who, when brought into
the presence of the President by a reoues,
W hich he could not disobey, at once sought to
prote ct himself against his machipations hv
presenting him the law upon the subject OF
military orders. The experience and the fate
Of Mr. johnson g eminent adherents are lessons
OF " arnlne to the country and to mankind. and
the more eminent and distinguished of his adj.
herents have furnished the most melanchoIv
lessons Tor this and for succeeding vpnerations
Leaving the discussion of the provisions Of
the Copsfitufion Mr. boutwell, rrocoadad ,o