The New York herald., 1868-05-18

act must De Construed 20 mean o legal appoint
sdvcs ana consent Of the Senate Te Il , term Of the
President BY whom Mr.. stanton was appointed and
Seors the passage q the Tenure ONCE 4
win not do to say that because Mr.. Lincoln was
elected for second term that therefore the term Of
has not expired The fact that Mr.. Lincoln was his
own successor in 1885 did not make the two terms
him, and were he now alive the PRESIDENTIAL term
during which he appointed Mr.. Stanton would long
ceased soon after his second term commenced and
was succeeded by the Vice President, elected for the
same term on whom the ONCE Of President was by
1t has been argued that this is Mr. Lincoln's term
II this be so It was his second term, and not the
II this be Mr. Lincolns and not Mr. Johnson's term,
when win the 'term Of the President" by whom Mr..
since MI Lincoln's death exnres Mr. Lincoln never
appointed them, and il they are to hold during the
term OF the President by whom they were appointed
because according to this theory, Mr.. Johnson, the
President by whom they were appointed, never had
whom the office of President is devolved, and who
Is impeached as President, and whom the Senate
the 70 case az ~ M M%o ns no
that the President 'shal hold hs ONCE during the
term OF four years. does not mean that the person
holding the office shall not die, resign be removed
during that period but to Tx term or limit during
which lie may, but beyond which he cannot hold
mean time manifestiy the term, SO far as he is COP
cerned, has come g. an end The term OF the Presi-
dental oice is four years but the constitution ex-
pressly provides that different persons may fill the
office during that period, and IN popular language it
is called the term Of the person who happens for the
sible for Mr.. Stanton to now serve as Secretary
Of War for the term Of the President by whom he
the second term for which he was elected Both The
Presidential term Of the President who appointed
Mr.. Stanton and the person who made the appoint
ment have passed away, never to return; but the
Presidential office remains, filed however by an.
other person, and not Mr.. Lincoln.
first section OF the Tenure OF Civil Once act OF March
2 1867, as authorizes the Secretary OF War to hold
Ss Sy Se e dans s term the a
case OF Mr. Stanton, by what tenure did he hold the
office on the 2lst Of February last, when the
President issued the order for h'sremoval2
Originally appO nted to hold Office during the
pleasure OF the President for the time being and,
the President according to. the act OF 1884, there
would seem to be no escape rom the conclusion that
the President had the right to issue the order for his
removal. 1t has, however, been insisted that il the
proviso which secures to the Secre aries the right
hold their respective offices during the term Of the
pointed ana for one ' month @ % Thereafter % does op
not embrace Mr.. Stanton, because Mr.. Johnson
Ss did not q appSnt w;%n HIM that then civil oser
of the act and entitled to hold his office until by and
with the aIvce and consent Of the Senate q sue
cessor shall have been appointed and duly qualified
Not so; Tor the reason that the body Of the first
ton can have no reference to the tenure OF office
herein otherwise provided" and the provision which
1o0ws liking different tenure for tue Secretary Of
War. Can any one doubt that the law was intended
TO make and does make, o dis inction between the
tenure Of Office given TO the Secretaries and that
given to other civil oilcerss How, tnen, can it be
said that the tenurcs are the same or the same az to
any particular Secretaries9
The meaning of The section is not different from
what II would be Il ns ead Of the words "every per-
son holding any civil office" there had been inserted
the words marshal, district at6or ley, postmaster,
and 80 on, enumeratng and fixing the tenure Of ali
other civil officers except the Secretaries; and then
had proceeded enumerate the different Secretaries
and fix for them different tenure from that give
TO the 0tner enumerated officers. Had the section
been thus written, would any one think, In case
particular Secretary for some personal reason was
unable TO avail himself Of tie benefit Of the law Sc
curing to Secretaries certain tenure Of Office, that
he would therefore have the gilt to the benefit Of the
3aW In which Scores aries were not mentioned, scur-
ing to marshals and others different tenure OF olceY
The object of an exception or proviso in statute is
TO limit or take something out Of the body Of the
act aud is usually resorted to for convenience as
brefer mode Of declaring the object than to enumer
ate everything embraced in the general terms Of the
act and then provide for the excepted matter. The
ure OF office OF all Secretaries such that partcu
lar Secretary, for reasons personal to himself
from the proviso the once OF Secretary ana the
tenure attached to It, and transfer them to the body
or the section which provides tenure for holding
ofce from which the office Of Secretary is expressly
excepted
The meaning Of this first section viii be still more
principle but wholly disconnected with the one under
Suppose Congress were to-day Nav
the Court an ar' eVers aI Terms o
United States shall be held during the year 1S6s
on the first Monday of June and Novem-
that two terms Of the District Court In each of the
judicial districts In the State Of New York shall be
rst Monday of Of xpr and seBtemSeT on name e
festly 1t would at this time be as impossible
to comply with 50 much Of the provso as
tricts In April, 1858, as 1t now Is for Mr.. Stanton
to serve out the term Of the President by whom
Would that circumstance take the provision for the
New York districts out Of the provis0, and because
ns BODY q s act terms IN ,n are to be
the first Monday Of June and November authorize
the holding Of courts In the New York districts at
for moment think Of giving such construction to
such an act; and yet this is precisely the con-
s'ruction OF an act believed to be analogous in
principle, which must be res0rted to to bring
Mr.. stanton within the body OF the first section Of
the Tenure Of ONCE act. Laying out Of view what
Office act as TO its not interfering with Mr.. John
sons right 70 remove the Secretaries appointed by
bis predecessor, and the unreasonabIeness :s Of
them in office longer than the Secretaries he mad
himself appointed, and fasGen them for life on al
future Presdents unless the Senate consented to the
appointment Of successors, the conclusion seems
f0m the terms OF the Tenure OF ONCE act
ITSELF that the Presidents right to remove Mr. stan
ton, the Secretary OF War appointed by his prede
cessor is not afected by It, and that having the
authority to remove that 0cer under the act OF 1889
he did not violate either the constitution or any
statute IN issuing the order for that purpose. But
even II different construction could be put upon the
aw could never consent to convict the Chief Ma
gstrate OF great people Of high mIsdemeanor and
remove him from Office for msconstructlon OF i
what must be admitted to be doubtful statute, and
when the miscOnstruct0n was the same
rlt ppon Il by the authors Of the law at the time Of
ts PASSAGE.
The second article charges that the President, in
Violation Of the constitution and contrary TO the
Tenure Of once act, and with intent to Violate the
same issued TO Lorenzo Thomas letter OF authority
empowering him 10 act Secretary Of War al en-
ertD,, there being no vacancy In the Office OF Secre
airy of War. There IL nothing in the Tenure OF 0oe
ict or any other statute, prohibiting the issuing OF
'uch letter, much less making IL crime or msde.
neanor. The most that can be said is that II was
ssued without authority OF law. The Senate A. |
equred to pass Judgment upon each article sepa- |
ately, and each must stand or fali bt ITSELF There
no aliegatlon ID this ertcle Of any design or