The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1868-04-30

! stanton thereby was restored lawful
ly to office. BY issuing an order fot
the removal of Mr.. Stanton, tn,
President made an attempt in viola
ton Of the Constitution. This Il
sufficient to justify verdict ofguilt,
under the FIRST article. The righ
claimed by the President TO make
removals as we'll when the Senate /,
Ia session as during a recess, wa,
shown by reference to the Constitu,
ton to be unauthorized. IN the ex-
erelse OF this unauthorized right, the
President, previous to the passage o.
the Tenure of Office act, had remoy-
ed hundreds Of public officers to the
detriment Of the public service, aud
appointed those who, in Tho internal
revenue service alone, have cause
losses to the Government of not les,
than twenty-five million dollars q
year for two years, The passage oi
the Tenure Of Office bill has proved
Intellectual as complete remedy, aud
now the President asserts his inter
pretations Of the Constitution aud as.
sumes absolute aud unqualified pow
er over all Offices in tho country
The removal of MIR. Stanton Is the
particular crime Of the President foi
which conviction Is demanded. b;
his conviction tho Government will
be purified aud restored, hut by his
aoquittal the Government will bt
surrendered into the hands of usurp
ing, unscrupulous men, who will use
all the vast power he claims for the
corruption of every branch Of public
service and fual overthrow of public
liberty. The excuse of the President
that ho acted under the advice of his
Cabinet was cited as not tonable, as
he has no right to such advice OF
anything outside Of their special de
partmcuts. The act Of 1889 estab
fishing the department of Foreign
Affairs, which was put in by the de.
fence was then considered and refer
ence made to certain correlative doc
umouts. The action Of the Congress
OF 1889 in passing that bill developed
the fact that body was of the opinion
that the power Of removal was not
vested in the President ut that time,
aud during the session of the Senate
Il was vested in that body and the
Presid mt concurred, and the debate
then held and votes cast, indicate
that the power of the President to
remove during the vacation of the
Senate was at best doubtful power
under the Constitution. The prac-
tice of the Government relative to
removals subsequent to the passage
OF the above act was then received,
and a speech was made by Mr.. John.
son in the Senate in 1861, which
claimed that the administration was
powerlc s without the concurrent nc
ton of the Senate was quoted, but
the act Of 1889 is no security to the
President. None Of his predecessors
from Washington TO Lincoln, ever
ventured to claim under that act the
power to remove civil officer during
the session of the Senate, or the an.
polntmeut of successor. Hence he
is held guilty of n violation Of the
Constitution aud his oath Of Office.
The act of FEBRUARY 18th 1895, on
which the President relies for justif
cation for appointing General Thom
as Secretary of War, al interim, was
then considered at length, and it was
contended it that statute was appli.
cable to vacancy created by sus.
pension or removal, then The Presi.
dent has violated it by that appoint
ment, but, if that statute is not APP
plicable to vacancy occ ccasioned by
removal, then the appointment is
without the auth ority Of the law, but
that statute was repealed by the act
Of FEBRUARY Goth, 1868, which pro-
vides for filing all vacancies under
any circumstances.
1t is apparent, says Mr.. Boutwell,,
that the Presidents conduct will fDd
no support, either in the Constitution
Iu the act of 1889. or of the legisla.
ion of 1895, If the Tenure of Office
lct had DOT been passed tbs President t
would have been guilty of high mis-
lemeanor in issuing the order for the
'eInoval of Mr.. Stanton during the
ession of the Senate He was guilty
If high crime aud misdemeanor 10 |
appointing General Thomas as Secre-
AIRY Of War dd interim, his guilt is
uIly proved and established as charg. |
d in the first, second and third arti. |
les of impeachment. The Tenure of
)Glice act was then considered and |
hown to be in harmony with the
Constitution, aud its provisions apply
o Mr., Stanton as Secretary of War.
his act merely enacted former prac.
ices of the Government, and the
hief change produced by it referred
removals during o recess of the
euate.
The applicability of the Tenure of
'lhce act to the Office Of Secretary of
Far was enforced at considerable
myth, and Mr.. Boutwell, contended
lat the Office could only be vacated
= resignation or confirmation by the
onate Of a nomination by the Presi. {
mt, which would work "A removal.
uotations were made from the open. q
2 remarks of the Presidents coun. =
| to enforce his position that tbs q
icial term Of the Secretary of War s
pires after the term Of the Presi.
mt by whom he was appointed, sub o
ct, however, 60 previous removal by s
d with the advice aud consent Of @
o Senate. Thearguments ofthe couu. I
for the President relative to the in 8,
ut Of tho President, we're combatted I
length, the Manager main aiming that
oy were in willful violation of law. e
lie President disclosed criminal in Il
IT which cannot bo qualified by any Il
1utting testimony, He denied the 9,
esident had the right 70 violate the o,
|