The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-05

Ing in GOOD faith under the Tenure Of 02es
act, and desiring the Senate TO do the same.
So the President Of the United 6tates ~
! determination to assert u al eesasos ~
tremendous power Of removal O. wy - X.
Ger, without the consent Of the 1enase. ~
mt deem II ssmaterial or necessary tna4 -
Sensse should know that he ha4 euspond.
"a IN. Stanton indefinitely aoaSnss Ne pro-
,;.;ons 81 the Tenure Of Oiico sct, wfA fell
l;ntent q all hazards to remove him, and thak
INA solemn deliberations Of the 6en1ts, xAsch
lthe President Of the United States was then
calling upon them TO make IN . matsf Of the
fhirhest governmental concern. vefe osly 70
| be Of uas 10 case they suited his purposes;
THAT it was not smAterial or necessary" for
tho Senate to know thasits high decision -
| futile and useless; that the President -
PLAYING fast and loose with this branch OF the
Governmeut-a sort Of sheads win, tails
Won loose, Qame-which was never before
exercised save by thimble-rigEers ana snarP
ers.
rHE pREsIpENrss own WORDS HIS coNpKAsA'
/ If 4ndrev Johnson never committen any
| ..h.. nff.n.e-if ve knes nothing OF him
ssss from this avowal, Ne should Aave full
n;ctnre Of his mind and heart, painted 10 col
prs Of living light, 90 that no man will ever
mistske his mental aud moral hnesmenu
hereafter. !.
| Instead Of open and frank dealings, -
becomes the head offs great government 70
every relation of life, and especially need
full from the highest executive ofheef OF the
government TO be highest legislative branch
thereof instead Of . manly, strai9htaorwaro
bearing, claiming openly and distinctly the
rights which be believed pertained 10 bis
high Office, and yielding to the other branch
es, fairly and justly. those which eelong TO
them, We find him upon his own written con.
fession, keeping back his clsims of power,
concealing bis motives, covering he purpo-
SEES, attempting by indirection and suhferfu9e
to do that o. the ruler Of crest natiOn which,
liz it be done q all, should have heen done
boldly, in the face of day and upon this POI
sition be must stand before the Senste and
the country ifthey believe his answer. which
/ do not, that be had at that time these in
tents and purposes in his mind. and they are
not the subterfuge and evasion and after
thought which criminal brought to bay,
makes to escape the consequences Of his acts.
Senators he asked you for time in which
to make his answer. You gave him ten days
aud this Il the answer he makes II he could
do this 10 ten days, what should We have had
| il you had given him forty? Yon show him
mercy in not extending the time for answer.
| AID INTERIM THOMAS APPOINTMENT.
| Passing from further considerations Of the
LEGALITY ofthe action of the respondent in
| removing Mr.. Stanton from Office in tAe
manner and form and with the intent An pur-
pose With uhich it has been done, let MS nov
examine the appointment Of Breyet Major
Gen. Lorenzo Thomas of the United States
army as Secretary Of War ad Interim.
| | assume that it is not denied in any quar-,
ter, that this ad interim appointment 70 this
office is the mere creature OF lay, and II JUS.
tilted at all, is TO be so under some act of Con
gress. Indeed, the respondent 10 bis answer,
says that in the appointment OF Gen. Grant
od interim, be acted under the act Of Febru
airy 18th, 1895, and subject TO its Limitations
| By the act of August I, 1885,, creating the
! Department Of War LIST Statutes at Large,
page 49}, Sin case of any vacancy" no pros
vision is made for any appointment Of an act
| ing or ad interim Secretary. ln that case,
the records and papers are TO be turned over
| for safe keeping to the custody of the Chief
Clerk. This apparent omission to provide for
an executive emergency was attempted to be
rem edied by Congress BY the act OF My 9th,
1892 lst Statutes, 28l) which provides that
lin case Of the death absence from the seat
of Government, or sickness Of the Secretary
| of State, Secretary of the Treasury, or Of the
Secretary Of the War Department, or of any
officer Of either OF the said Departments
whose appointment is not in the head thereof,
whereby they can not perform the duties of
their respective Offices, it shall be lawful for
the President of the United States. in case
he shall think il necessary, to authorize any
person or persons at his DISCRETION, TO per
form The duties of the said respective Offices
until successor be appointed, or until such
absence or inability by sickness shall cease.
1t will be observed that this act provides for
vacancies by death, absence, or sickness only,
whereby the head Of Q Department or any Of
fcer 10 it cannot perform his duty, but max es
no provision for vacancy by removal.
Two difficulties we're found ih that provis-
ion Of law; first, that it provides only for GER
tain enumerated vacancies; and also, it au-
thorizes the President to make IN acting APP
pointment of any person for any length oil
time. To meet these difficulties, the act of
February 18TH 1896, was passed, list Stat at
Large, Al. J which provides ''i1 case of va
cancy, whereby the Secretaries Or any officer
in any of the Departments cannon perform the
duties Of hi, office. the Presidentmay appoint
any person to perform the duties for period
| not exceeding six months"
Thus the law stood as to acting appoints
| menis in all of the Departments, Except the
Navy and Interior, which had mo provision
for any person to act in place df the Secre-
tary), until the 10Th Of February. 1868. when,
by the second section of an act approved at
that date 18th Stat, 646l. is was provided
that no person acting or assuming to act as q
civil, military, or naval officer shall have any
money paid to him as salary ia any Office
which is not authorized by some previously
| existing law. The state Of the Iaw upon this
subject at that point of time 10 thus: IN cs, !.
tof daath Oh .oLu -
cancy whereby Secretary or other nf7;c.- ~
the State, War, or Treasury Depart, ,snt cn,id
not pefnrm the dnties of the OBJ .nv ,,sr.
son could be authorized BY tie Pre,idsnt -
perform those duties for the snace AZ az
months. " ~
For the Departments of the Interior and
the Navy, provision mad been made for the
appointment OF Al Assistant SECRETARY, but no
provision IN case ofvacancy in Bis Office, and
q restriction put upon any officers acting r.a,r
not authorized by law, from receivj,.s .ny
salary whatever. my
To meet those commissions ,ba
case OF resignation of any ,,,;oar as ~ Foo.
ut.ve Department, and .,so r. meet VIA, rs.
founded to be daft ), q s,io.;rc he Prss;.
eaa for ,he .ly person to those high OH
s.r.oa -, see six months, whether such
If Ia = any acquaintance with the duties
al i department or not, an act Was pass
ehruary 20, 1868 (l2 Stat p 6561. which
provides "tha, in case Of the death, resigna-
ton, absence from the seat Of Goverpment.
or sickness Of the head Of an Executive De-
partment of the Government, or of any Off
Ger of either Of the said Departments whose
appointment is not in the head thereof.
whereby they can not perform the duties Of
their respect,re offices it shall be lawful for the
President OF the United States, in case he
shall think it necessary, to authorize the bead
Of any other Executive Department or other
officers in either Of said departments, whose
appointment is vested IN the President At his
discretion to perform the duties Of the said
respective Offices until successor be appoints
ed, or until such absence or inability shall
cease. - Therefore, in case Of the death,
resignation, sickness, or absence of . head Of
an Executive Department, whereby the IN
cunbent could not perform the duties Of bis
Office, the President might authorize the head
Of another Executive Department TO perform
the duties Of the vacant office, and in case Of
1 q