New-York tribune., 1868-05-06

| nose was 70 Violate mar very law and 10 prevent
The Secretary OF War from Rcs@ng @ ' forthwth resume
the functions Of his Office N case e here Shont
the question: as II II was an open question: II Is not an
open question. 1t s settled eloseG te5od ints
gent man. who has had access 70 & yOur useS anu
| Il is useless, and worse rh .n"h so,, uIsSp oo,g
waste uRS tRs Gafn aet valid is eonstiiuti0nali
Senators ought to conaeT % of The e9 States
b oJ ~ sssed fe act Will abide by it, Congress acted on
the resfnseey m n S The %&Xxth Congress not
upi1dfnl trust of its obligations, aud not incapable OF
! Gdeinr and considering the grants ana limitations
Of ths 5,af authorized To do SO bv Inc Consttu-
T6 and because, secondly, IL deemed that its enact
mrn was necessary and that the language OF the Con
sttBtion itself TO the public welfare aud the public In
t CONGRESS sent the obedience to the requirements
of Le Contribution, TO the President Iof ms approval
The President in the Of his power under the
Canstitut0n considered and returned IL 20 the House IN
which II rignated, with hrs objections. when he had
done this claim that all his power over the question
the House with his objections He suggested thai was
unconstitutional; Congress reconsdered ~ III oDe9lSSe
TO the Constitution and by twO.tmrds vote OF both
Houses, under the Oblgauons OF Their oatAs re re,
enacted the bH INTO q law, Hhu, III 'ho
words Of the Constitution, 1t thereby became q
law law 10 the President Of the Uhited states a1dlt
VIII forever remain law nntM ~ u Is ~ so "t
making power or reversed by the Courts AND now Wilt Wt
took place. These gehtt&i1S9 ems come D.lotG & tnf @ law
unconstitutional. They ask tho senate, IN 9ther
words, TO change their record. They ask to nave
this Journal read mere ai1ef tue T[ddnHss ssotes
tile Court The people OF the United StEIes ,iSo
charged with high crimes and msdeneau0gs IN lhs thaI
m disregard of the Constitution IN disregard of Their
net 10 regulate the tenure of certain civil
onices,' TO the hurt and injury OF the American
RfSbRe RSb cranes 3BG % and n lsdSmtanSs G t ii once,
Wen gentlemen have had lessons here on charity
that this would be stretch Of that necessity which re-
qures you TO give your coat, &c never mew before
lie money In Your purse hut Il seems that you are to
make voluntary surrender Of your sood name OF your
character and OF your conscience M order 70 acoOno-
date this accused cupit, and 10 say alter au at u IS
the President Of the United states who ipcdched
but that il is the Senate which ia sitting IN Judgment
upon HIM that impeached; aud at yOu VIII accQmmO-
date tIs uni0ftuiatc man ny naEl cOhtssCu Deoie
the gods and before that violate our own oath;
that violated the Constitution Of our country; that
we did enact into law despite the Presidents veto to The
contrary certain act passed March 2 1861 Vel, when
comes 20 that il Is not fO me TO say what becomes O
the senate ILis ls an attempt 10 S!3Det ~ az ~
fbe rights of a whole people and to the dis
honor and shame and disgrace of human nature Itself
And vet the question made here that the law uncon
and there IS no escape for him II was needfu 10 make
the issue, but having made IT. it Is enough that the
constitutional there end IT, 10 has decided i
three tunes It decided when first asscd the law II
veto, and it decided II again, as IT was Us d9ty
To- do 6n rs wh st y reSTaav S m se % ess the senate
that lie lad violated At and dehed the provisions OF the
law II was The duty OF The senate 10 afySS ec IT. ol dhT
airy apology to any man il tms hie nor 10 any ett ol
men, did that occasion. NIlat. rs the
President of the United States deliberately to violate he
law disregard the solemn action OF the senate 70 treat
with contempt the notice served upon him by the Senate
ia accordance "lth that laNi ana 10 nc 'nSh
70 come into ther own thanner ana III
suit them and delanuy challenge them IN
regard to this law. 10 this challenge the Senate made
answer was its duty Sir the thing that You have
OF the county This, Senator's, Is my 10 that
challenge Ot hate tie prosecution OF this mpeaeh-
Who have thought it worth wlnle to notice my
own Official conduct touching this matter Of i'm
d fV1faTr ENllv La la
and endeavored 10 keep others bcck from rushing mady
INTO this conflict between the people aud the President
The Senate also acting in the spt, gave hin this
notice that he might retrace bis steps and thereby
Se institutions OF the country nom the peril OF this great
! NOck. But no; IL ueedful that lie
should illustrate tho Pagan rule Whom The
God mean to destroy, they inst make mad and 80 be
went on and here We are to-day trying this issue re-
turn the question OF the validity Of this law, upon the
supple statement THAI by the text OF The Constitution as
have already stated g. 1t is provided that an appoint
mens not otherwise provided for N the Constitution,
| OF, the senate. It necessarily results, as Mr.
Neoslel stu ",aI o aeia@rh PVwet 70 m "a - ~
Ihe appointing power uhcs OihetWsc PROVIDED 10y aN
have shown TO the Senate thai e removing power has
| to this House' except in oOedepee 10 The express
tist The act of l7s9 authorized removals ana
the act Of 1925 authorized temporary appoint.
! ments add further, that I have signed tie fact
this provision OF the Constitution tAa the President
shall have power 10 M up all vacancies that happen
during the Of the senate, ny issuing commissions
which shah expire with the end Of the neat session.
! which by necessary iuiphcatOn means, ana means
nothing else that he shan not create vacancies without
authority Of law during the session OF the Senate and
! shall not fl them at his pleasure without the con
| sent Of the Senate l have but one word
! further TO add in support of the constilu-
uonallty Of this law, ana that Is the express
giant In the Constitution ITSELF that the Congress shall
have power 10 pass al laws necessary and proper III
termeung that word proper n TIE words Of Judge Mar
land as meaning adapted TO the execution OF an the
powers granted by tins constitution TO ne United states
/ or TO any department. OF 10 any 0mcer theieOI,-
think that grant q power plain enough clear enough
That the power OF removal and appOhtmsnt. SUBJECT 70
law, ef course, conferred upon The President do
TO- feUi 10 f6e anfSofy Of &c Mr. Webst@r i'm ToIuIoe
/ 4, page l99 on which he recognizes the same prin
ffor the Congress of the United states TO regulate
tlis very question by law. add that the Congfess
OF the United states from first Congress this hOu
has approved The same thing by It's legislation That s
al mere Is OF ihs Question me law tae ~ : Nana
| undcs the solemn obligations Of IT, oath.
Something lad been said here, Senators,
! about the continued practice OF eight years
that has been said and we said by the learned
gel for the President have shown that the act OF 1882
by the Interpretation and construction Of one one
really, by direct operation separate the removing from
have shown that the Constitution coDfers that power
on the Senate Then there Is no practice OF 80 years ad
verse TO his IenlreOfOnce act 50 that need say no
word further on that subject but leave IL there All the
acts from 1889 TO 1867 bear witness 10 thing and That
rs thdt congress mas ia power under the Constitution by
law TO confer upon the President the power OF temporary
permanent removal, 10 withhold that power That
kWtcisey WHAT congress mas uole, ana stahu upon
Il here representative OF the people, prosecuting for
here, this day, upon my conscience and what little
reputation may have in this world that the whole leg
satOn Of the country from 1889 TO 1861 altogether bears
one testimony 10 the power O Congress to rcg-
late by law the removal and appointment OF all Of
hcers within the general limitations Of the Constitution
AID the supervising power OF the Senate. But the act Of
1872 MI Webster stated conferred upon the President
OF the United states the power OF removal and therefore
separated llat power from the power OF appointment,
OF which t a necessary incident The Act OF 1895,
the other hand gave him power TO make certain tempo
lhiy appointments limited, However, TO six months
/ for any one vacancy, thereby showing that
! it power under the Constitution and beyond
/ tile limitation aud restriction OF law. The act
4 a,d "A him