The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-05-25

therefore the offce-tenure act applies to Mr..
Stanton. Mr.. Fessenden brushes away this
fallacy so effectuA,ly that we cannot resist
the temptation to quote more fully from him,
on thst point. He said:
'sThe statute establishing the Department
Of War, distinctly recognized the President's
power to remove the principal officer of that
department at pleasure, down to the passage
of the act regulating the tenure of certain
civil Offices, which became law March .,
1867. Although that act did not receive my
vote originally, did vote to override the
Presidents veto, because | was not then,
and am not now, convinced of its uneonsti-
nationality, although did doubt its expedi-
ency, and feared that it would be productive
of more evil than good. This 10 not the oc-
casion, however, to criticize the act itself.
The proper inquiry is, whether the President
in removing, or attempting to remove Mr..
Stanton from the office of Secretary Of War,
violated its provisions; or, in other words,
whether, if the President had legal right to
remove Mr.. Stanton before the passage of
that act, as think he clearly had, he was
deprived of that right by the terms of the
act ITSELF The answer TO this question must
depend upon the legal construction of the
first section, which reads as follows, VIZ;
"Be IL enacted, &C., That every person holding
any civil Office, to which he has been appointed
by the advice and consent OF the Senate. and any
person who shall hereafter DC appoih,ea. 70 any
.uen once anu s J he snt;ted 10 hod sneb Of
sos unt;l = successor shall have been in like man
ner appointed and duly qualified, ercept as herein
osAerseise proUided: Provided, That the secreta-
ries Of Safe, OF the treasury, OF war Of the Navy
ana 2. the an'eL. IN, shaH ha1s 49, naa
sne To- snd a,r;ns ,ha tenn Of the prss;-
Sen, Inv whom thew may have been appointed,
and for one month thereafter, subjec. to removal
by and with the advice and consent Of the Senate "
Il" In considering how far these provisions
apply to the case of Mr. Stanton, the state
Of existing facts must be carefully borne in
mind.
r"Mr. Stanton was appointed by President
Lincoln during his first term, which ex.
pred on the 4th of March, A. ID. 1865. BY
the terms of his commission he was to hold
"during the pleasure of the President Tor the
time being" President Lincoln took the
oath of office, and commenced his second
term on the same 4th day of March, and
expired on the l4th day of the succeeding
April. Mr.. johnson took the oath of Office
as President on the day succeeding the death
of President Lincoln. Mr.. Stanton was moi
resppointed Secretary OF War by either, pu'
continued to hold under his originai com
mission, not having been removed. now,
under these circumstances, did the act OF
March 2,-lS67, affect ham
"a preliminary question as TO the eharac
ter under which Mr.. johnson administered
the office OF President IS worthy OF consider
alton, and may have material bearing.
"The fifth clause of section l, article II
of the Constitution provides as follows, viz
I'm case OF the removal OF the President
from office, or OF his death, resignation, oil
inability TO discharge the powers and duties
of the said office the same shall devolve up
on the wee President Nhs
shall devolye upon the VICE President! The
papers and the duties OF the oihee simply, OF
the office itself? Some hight Is thrown up
the question by the remainder of the clause
making provision for the death, &c, OF boil
the President and Vice President, enabling
Congress to provide by law for such a con
tingeney, and to declare what officer shall
act as President" and that "such Offices
shall act accordingly"-a very striking
change of phrsseology. The question has
however, in two previous instances received
political construction. In the case of Mr.
TYLER, and again in that of Mr.. Fillmore, th,
Vice President took the oath as Presiden,
assumed the name and designation, and wa.
recognized az constitutionally President o
the United States. with the universal assen
and consent Of the nation. Each was full,
recognized and Acknowledged to be Presi
dent as fully and completely. and to all in
tents, as if elected TO that office.
Mr.. johnson then became President
Did he have term ofofice? Was he mere
" the tenant or holder of the term of anoth
err and that other his predecessor, Presiden,
Lincoln? Did Mr.. Iincoln's term continu,
after his death. as has been argued ? II i
quite manifest that two persons cannot b,
said to have one and the same term of tn,
Presidency at the same time. If it was Mr.
Lincoln's term, il was not Mr. johnson g
If it was Mr. Johnson's it was not Mr.. Lin
coins. If Mr.. Johnson had no term, wher
do the Secretaries appointed by him go on
of office, under the act of March 2, 1867
When does the one month after ''the expira
ton of the term of the President by whom
| they have been appointed expire? A Presi
| dent without term of office would, under on
| system, be a singular anomaly, and yet Il
| such result does this argument lead.
am unable to give my assent to such prop
| ositon.
If Mr.. stanton was legally entitled to hol'
| the ofhce Secretary OF War on the list o
February, 1865, IS averred In the hrst art
Gle, he must have been so entitled by virtu
OF ms original appoint by PRESIDENT Ian
coin, Tor he hao received no other appoln,