The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-13

WOfds remain IN the bill, because they are o
such nature as to imply thai he had not th'
| power before IL was granted him by the law.
| II gentlemen WI uld consent 10 make gen
| eral law, declaring the proper mode of remOv
al, / think we should acquire greater degree
| OF unaumity, which, on this occasion, mus;
be better than carrying the question against q
! large majority.
The call for the question being now. very
general, it was put, shall the words TO he re-
movable by the President be struck ont?
IL was determined in the negative-thert
| pelhS yeas 20, nays 81.
! ne question OF striking out in the Senate
was declued m tie negative by the casting
vote OF the Vice President
The fact that this power of removal was
confer. ed upon President Washington at a
| time when tie Federal party (wh,se policy
! II was 10 strengthen The executive depart
ment) was in power by the casting vote OF the
| Vice President, shows how jealously our Ia
| theirs guarded the ii, hts OF the Ieope. And
the TACT that the Democratic party OF to-day
| are claiming tor Andrew johnson autocratic
powers, shows how far that party has fallen
from its ca Iy pretensions as guardians OF Re
publican liberty against the encrOachments
OF executive power.
AS have shown. the First Congress In the
exercise oI its legislative power, conferred up
On George " ashineton the authority 10 re
move certain civil officers. In March last the
Ihirty-Ninth Congress, in the exercise OF the
same constitutional prerogatiye, limited the
power oil Andrew johnson over removals by
the passage OF the bill known as the civil
tenure bill. The first section reads:
That every person holding any civil ofice
to which be has been appointed by and with
the advice and consent of the Senate, and every
person who shall hereafter be appointed to any
Office, and shall become duly qualified to act
therein, is, and shall be, entitled 10 hold such
off1ce until successor shall have been in like
manner appointed and duly qualified, except
as herein otherwise provided: Prouided, That
the secretaries of State, of the Treasury of
War, OF the Navy, and of the Inferior, the
POSTMASTER General, and the Attorney Gene
raj, shall hold their offices respectively for and
during the term of the President by whom
they were appointed, and for one month there
AFTER, subJectt TO removal by and with the adj
vice and consent of the Senate.
And the sixth section proyides-
That every removal, appointment, or en-
ployment made, had, or exercised contrary 10
the provisions of this act. and the making
signing, sealing, couutersigning, or issuing OF
aay commission or letter ofauthority fot or in
respect TO any such appointment or employ
ment, shal, be deemed, and are hereby declar-
ed to be, high misdeIneanors, and upon trial
and conviction thereof every person guilty
thereof shall be punished by a fine not exceed
ing $4,000. r
1t is contended by gentlemen on the other
side OF the House that the removal OF Seere-
tdry Stanton is not prohibite by section six,
as he was appointed by Mr.. lincoln and not
by Mr. johnson, and consequently that his
tei m OF office expired one mouth after the
death OF Mr.. Lincoln. They maintain that
the term OF MIR. Lincoln terminated with
ms death. The gentleman from Pennsylva-
mia lMr. Woodward says:
The term became Mr.. Johuson's term for its
unfinished srod and SO much as the right of
possession of the White House. the right to
the salary, or any of the perquisites or iuDc-
tons o the office. It would be as reasonable
to call Mr.. Johnson's possession of thee Mr.,
Llncoins possession, or Mr. Johnson's admin
iStration Mr.. Lincoln's administration, as to
call Mr.. Johnson's term of Uffice Mr. Lincoln's
term. Neither IN popular language nor in con-
stltutlonal phrase can such misnomer be
found. 1t would be as absurd as to confoupd
their names or the identity of their persons.
The Constitution, article two, section one,
speaking ol the President says:
He shall hold his office during the term of
four years.
And the same section further declares
IN case of the removal of the President from
office, or his death, resignation. or inability to
discharge the powers aud duties OF said Cfiice
the same shall devove on the Vice President
The term for which Mr.. Lincoln was elect
ed commenced March 4, 1869 The death of
Mr.. Lincoln did not affect the term Tor which
he was elected. That is hxed by the Consti-
tuition. Upon his death the powers and du-
ties Of said Office devolved upon the Vice
PRESIDENT tSlr. Johnsonl Tor the unexpired
term OF Mr.. Lincoln. II, as the genten an
contends, this is Mr.. Johnson's term, it does
nes-expire on the 4th day OF NJ ,rcb, 1850. tor
Tue CONSTITUTION IN express terms provides
that the presidential term shall be four ears,
-rf1I pfsW1 = T.
with popular language and constitutional
phrase" 1he term of Senator IS fixed at
ten years. The powers and duties OF their
offices do not devolve on any officer in eiior
TO them in case OF death or resignation: but
successor is chosen or how long?
For term? No; but to FIJI the unexpired
term of his precedessor. The language Of the
proviso is the Secretary OF stare &c. shal:
hold their respective Offices" Does this Ian
euage imply that the act is retroactive in its
operation? bfas,
At The expiration of one month after Pres
ident Lincolns second Inauguration or death
Mr. Stanton was lawfully holding, and con-
tinued lawfully TO hold, the office of Secre-
tary OF War. The fixing of limited term
OF this office, by the tenure of.ofice act, ID
in no way affected such Holding. 1t could
Lot and did not attempt to do so. 1t only
aimed to act upon the future. BY the pro-
viso the power of the President to remove
q Cabinet officer without the advice and con-
sent OF the Senate was absolutely taken
away during the term.
Ii, as the gentlemen contend, the present
Secretary OF War is not included in the pro-
viso, then he is person holding a civil office.
as mentioned in the body of the section.
and removable only as therein provided. The
section IN terms includes every one holding
civil office by appointment, with the advice
and consent OF the Senate, at the time of
the passage of the act, March 2, 1867. Mr.
Stanton SO held the civil office of Secretary
of War on that day. This section makes no
exceptions, save by inclusion in its proviso.
Ii the case Of Mr.. Stanton is not included
in the prCviso it is contained and provided
for by the body of the section, and he is not
removable save by the advice and consent OF
the Senate.
Let us see how Mr.. johnson himself con-
stlued the act. In returning it to the Senate,
with his objections, March ?, 1867, he says:
In effect the bill provides that the President
shall not remove from their places any of the
civil officers whose terms OF service are not
limited by law without the advice and consent
of the Senate.
Section two OF the act provides that If an
officer during the recess OF the Senate be gull
ty of crime or misconduct in office, or fr. m
any cause becomes disqualified from perform
iuS It's uttlcS, III SUCH case, anu no OIner, the
President may suspend such officer, and des-
ignate some suitable person to perform tenn
porarily the duties OF such Office until the
next meeting oil the Senate, and until the case
shall be acted upon by the Senate; that it
shall be the duty OF The President within
twenty days after the first day .f such next
meeting OF the cenlte to report TO the Senate
such suspension, with the evidence and rea-
sons for his action in the case, and the name
OF the person so designated to perform the
duties Of said office.
During the recess of the Senate Mr. John
son suspended Mr.. Stantvn and designated
General Grant to perform the duties OF the
Office I'D iattrim. Within twenty days after
the meeting OF the Senate he sent ia his rea-
sons for the suspension. all in exact accord
ance W tn the requirements OF this law tnd
under the authority oil no other law. as there
i. no other law authorizing such temporary
appointment OF a civil officer. The Senate
disapproved OF the removal of Mr.. Stanton
and reinstated him. when Mr.. johnson at
tempts to remove him again, in defiance o
law. Under these circumstances how can it
be claimed that Mr.. johnson understood the
law differently from ConTess?
But, sir, it is urged that something more
than an unconstitutional act of the President
must be shown in order to justit, his impeach-
| ment. All men are liah.e to err IN opinion,
and an unauthorized official act ma, be the
result simply OF an lonest error of judgment,
and as such furnishes no good ground Tor dis
| missai from Cttice. To justify removal by i'm
| peachment there must be shown an evil Tur-
| pose, a wiiiul disposition to disregard lhe
| laws a cherished intent to violate the Con
| stitution, to usurp unlawful power, 10 disturb