The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-10
NEW YORK HERALD FRIDAY, APRIL TO- 18sa-T.ap1E SHEET

ton OF the Tenure OF Once act Mr.. Stanton is not
should believe that the President thought the law
unconstitutional and had right IN some way TO con-
to to- assert the true nefpFstaon Of ibis law He
test the question ire ami
the reason is that he has done and such and such
things. Well, we all know that there is at common
law doctrine called rules Of est0ppel founded I'M
doubleday on good reasons, although they were called
IN the time Of Lord Coke and have been down 70 the
present day. odious, because they shut out the nvt
Nevertheless there circumstances hen sPrGper
that the truth should be shut out What arr; the,
right is tavoved wen ON matter of fact, the prt-
vate right accrues, and when one OF the arteS 30
good !" he oWed either ns as IN
But did any one ever hear OF estoppe IN matter OF
lawf Did any one ever hear that p.arty had put
himself Into such condition that When he came
into court Of justice upon claim of private right
he could not ask judge TO construe an estoppe and
insist such constructions Did anybody ever hear,
least Of ALL that affect ed by reason OF an
estoppel under any system OF Jurisprudence that ever
prevailed in the civilized world, That the President
moved from office, not by reason Of the truth
OF his case but because he ia estopped from appeal
Is matter of fact here They have themselves put
| In Mr.. Stant0ns commission, which shows the date
and that is the whole matter Of fact involved. The
rest of the construction OF the Tenure Of Office act,
and the application OF 1t to the which they have
thus made for themselves, and also the construction
OF the constitution OF the United States the abstract
question whether that has lodged the power of re-
(, moval with the President, with the Senate,
or with both parties respectfully submit, there
fore, in reply to this ground which is
who comes to assert not a private right but
great public right connded to his office by the
peophe In which anybody Is estopped the people
could do or say could put this great public right into
that extraordinary position. What has he donef
to work this estOppel as they call itP Why in the
first place, he sent message 10 the Senate, the
had suspended Mr. Stanton by certain ORDER copy
OF which ne gave; that he had appointed General
/ by certain other Order q copy OF which he
gave He then entered into a discussion. in
1 which he showed the existence of this question
whether Mr.. Stanton was In the Tenure of ONCE bill,
and the existence of the other question whether this
was or was not constitutional law. There he in
voked the action of the Senate. There was nothing
mlsrepresented, there was nothing concealed which
ne was bound to state. 1t is complained by the
that their action should be such as to restore Mr..
stanton practically to the position Of the Office or
a TO- f% have ns been 0d R0S s
MhanaseTs and Which they g insist
should have held out to the Senate something which
| might have been rejected. They say he made case
lor their action In which he was too deerentla to
the Senate, both by reason of this conduct of his
ana also OF other conduct. Too deferential Sena-
position or conduct in this instance. Suppose
party who has private right in question submits to
the same tribunal, in the same proceeding these
questl0ns:-Flrst deny the cOnstitutiOnality under
which the right Is claimed against me; second, l
assert that the Interpretation Of that law will not
affect this case; third, insist that even il it is
within the law have made a case within the law.
Is there any inconsistency in thata Is 1t not done
justice? suppose the President had summed up his
message In this way:-
To TEL insist the first place. that this law is
ton within respectfully submit in the third
place. whether 1t be constitutional law and Mr. Stanton
max
such that you will ask receive him back
He has questioned whether the law was constitu-
GRANDDAUGHTER Mr.. Stanton was within it-and then
he submits that he had reason to believe and did be-
heve, that they thought the law unconstitutional.
and that he had no reason to believe that they |
thought Mr.. stanton was within 1t. He submitted |
to their consideration the facts that he acted upon
1t seems the President has only been anxious
to avoid, but has taken means to avoid, collision
Win the senate and that he has actually in some
the commission in which charges have been made |
by the President, and w it'll his sanction to the
mova and suspension Of collectors, &C., and said il
had doubtless been done under this law But when |
an emergency arose. as In the case OF Mr.. Stanton,
when he must either act or abandon the power that
he holds, II was insisted upon that he must 'run
amuck" against the law and take every possible
opportunity to give 1t blow. On questions of ad-
ministrave duty merely the President felt bound to
obey II. When this emergency arose. however, so
that this department of the government could not be
carried on, he must meet it. He did not fear en-
barrassment or difficulty In the public service because
do with this subject. They made subject to the
conditions prescribed by law, one OF which that
the Senate must consent to removal. Not only the
law OF Congress, but the constitution was law of
the land. The changes In the Treasury Department |
also had nothing to do with the subject of removal
whenever 1t was vested All officers held subject to the
power Of removal vested somewhere. He saw nothing |
on this subject OF estoppel growing out of the action
OF the President either in the message to the Senate
OF December IL or IN the charges In the commits |
sion, or In the sending to the Senate notices OF
pension OF different officers that has any bearing |
upon the construction Of the Tenure OF Office act
Affecting the Of Mr. Stanton. The law |
might be constitutional, the President might |
have acted and might have been bound to |
act under 1t; still If Mr. stanton was not within It |
the case remains as IL originally and the case
not being within that law the first article entire.
ly without foundation.
AT this point Mr.. CURTIS pleaded fatigue, and on |
motion Of Senator JOHNSON the adjourned until
twelve O'Clock tomorrow, and at fifty minutes past
three O'Clock the Senate went into executive session
and soon after adjourned 81
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49, rzss--.~s - ~ NJ
MISCELLANEOUS WASHINGTON NEWS.