The New York herald., 1868-04-28

oirlcer guilty Of acts which require his removal Of
suspension, he may be suspended until the next
after the meeting Of the Senate the reasons for such
suspension shall reported to that body; and If the
suspension or removal the oficer shall be con.
stdered removed from his ONCE; but If the Senate
nc oe Tea as oI s9ch
the functions Of his office, and the person appointed
utes his the @ Ssy Of to asaag ss7
sSspssSsa EDWIN Stanton Sc Secretary ss!Deo! 3!
cs screS Ms Of %sr sn& aa sPRsnsa
On the 18th day OF December 1851, the Senate being
then IN session he reported according to the require
the Senate, which duly took the into consdera-
tion Before the Senate had concluded It's examna-
ton OF the question OF the sucency Of such
| he attempted to enter into arrangements by which
he might obstruct the due execution Of the law and
summing the functions Of his Office as Secretary OF
War; according TO the provisions OF the act even II
the Senate n should decide in his favor And In further
1885, he appointed one Lorenzo Thomas by letter OF
authority or commission, Secretary of War ad IN
although the same was then in session, and ordered
him (the said Thomas) to take possession OF the De-
Ing thereto and discharge the duties thereo We
charge that In defiance OF frequent warnings, he has
since repeatedly attempted to carry those orders into
executing the laws appertaining to the Department
Of War, and from dlschargng the dues Of the ONCE
the respondent has contended that Mr. Stanton's
case s not within the provisions Of the act "reguat-
@ e me on y III It a
that act His argument in demonstrating that posi-.
tion was not, think, quite equal TO his sagacty in
cuon WAS lie conaed pi st prGse te
proviso which embraced the Secretary Of War did
pointed by the President in whose term the acts
charged as misdemeanors were perpetrated; and in
office mentioned during which he was entitled to
hold meant the time during which the President who
apsntsa ts, M him actually dd hold whether M dead or
and under whose commission lie was holding indef.
niteIy being dead his term Of office referred 70 had
expired and that Mr.. Johnson not holding durin~
q R $sPfpdi ePs: sas ossasS
psoa rai Gs9aq aaS he S %as iss5ssT
used to designate the time or each, The
e sxsae S ~ ss Ss Tesea
IN President Of the United states OF America. He
shall hold his ofce during the term OF four years,
same term, be elected as follows" &C. Then it pro-
vides that 'in case Of removal from oice, of his
ties OF said oce the same shall dev6lve on the vice
President and Congress may by law provide for the
% the s' saa or naS e
what officer shall then act as President and such
ofacer shall act accordingly until the dis
eected" The learned Counsel Contends s that
the Vice President, who accidentally accedes TO
Presidential term of his own, and that, unless Mr..
stanton was appointed by him, ne is not within the
was appointed by Mr. Lincoln in 1857 for an mi Indefinite
period OF time and was still serving his appointce,
by and with the advice and consent OF the Senate.
held valid commission by virtue OF Mr. Lincoln's
appointment, he was acting for three years during
hundreds OF thousands OF men, without any COM
mission at all. TO permit this to be done without
mesnor in itself. But il he held a valid Commission.
whose commission was itf Not Andrew Johnsons :.
Then in whose term was he serving, for he must
have been In somebody's termf Even IL II was In
Johnson's term, he would hold for four years
unless sooner removed for there Is no term
spoken OF in the constitution Of shorter period for
Presidential term than four years. But It makes no
difference In the operation OF the law whether he was
in Mr.. Iincolns term Lincoln had been elected and
reelected, the second term to commence in 1885, and
the constitution expressly declared that that term
should be four years. by virtue OF his previous CON-
mission and the uniform custom OF the country Mr.
Stanton continued to hold during the term OF Mr.
pretend that from the 4th Of March, 1885, new Presi-
dental term did not commences For Ii will be seen
marks the time Of the Presidential exis,ence' sUne
so that 1t may divide the different periods OF office
by a. wei vel. recognized . rule. Instead Of saying
his DEATH the constitution says n case OF the reno
val OF the President from oce or OF his death resig
lies Of the said ONCE the same shall devove on the
Vice President What Is to devolve on the vice
PresidentY Not the Presidential commission held by
his predecessor but the 'duties'' which were incum
bent on him. II he were to take MIR. Lincoln's tern,
he would serve for four years. for term il the only
Limitation to that Office defined In the constitution IA
have said before But the learned counsel has con-
tended that the word 'teyynr OF the Presidential
ONCE means the death OF the President. Then IL
would have been better expressed by saying that the
President shall hold his office during the term between
two assasslnatons and then the assassination OF the
President would mark the period OF the operation of
this law. IT. then. Mr. Johnson was serving out one OF
Mr.. Linc0ln's TERMS there seems to be no argument
against including Mr.. stanton within the meaning of
the law. He included by the President in his
notice OF removal, In his reasons therefor given to
the Senate, and IN his notification to the Secretary of
the Treasury; and 1t Is too late when he Is caIipht
violating the very law under which he professes To
act TO turn round and deny that that law afects the
case. The gentleman treats lightly the question OF
estoppel, and yet really nothing Is more powerful
Tor II is an argument by the party himself against
himself and although not peadable In the same way
In OF record. But there is a still more concn
sive answer. The first section provides that every
person holding civil office who has been appointed
with the advice and consent Of the Senate and
every person that hereafter shall be appointed
10 any such Office, shall be entitled hold such
once until successor shall have been In like man.
nr appointed and duly qualified. except as herein
otnerwise provided. Then comes the proviso which
inc deiendants counsel say does not embrace Mr.
stanton because he was not appointed by the pre-.
not embraced in the proviso, then he was nowhere
specially provided for, and was consequently EN-
braced IN tne first clause OF the first secon which
declares that every person holding any civil ofIke
not otherwise provided for comes within tho nro.
visions OF THIS act The respondent, In violation of
this law, apponte1 General Thomas 10 ofilce where
by, according 70 the express terms OF the act he was
guilty OF q high msdcmeanor. But whatever NAV
have been his views with regard TO the Tenure az
ONCE act he knew it was law, and 80 recorded
upon the statutes. dsclaim all necessity in n TRIAL
or impeachment TO pr0re the wicked or uniawni it,
tention OF the respondent, and 1t is uuwse even TO