Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-09

htssf Isiiu sisoh from The PIes dent raj he de-
sired IL. He (Mr. O. dad not quote this as TIE
ol iaIon OF an Individual Senator. bnf as the
an,hcrized declATstion OF a membor of the con
ference oumitiee; and he submite ed 10 this ) n
ate wbeibsr, IN the face of al these statements, !,
as 70 the mfsnrnr Of this proyiso, a. stated m
both Housss Of Congress, how az could he held
that Mr.. Stanton came within The provisions OF
ihe act. Even IL this act vas spplicabie 20 Tie
case OF Hr. Stanton, his rmoval as AZ was
en- et.d would NOT have brcn v yi0lanon Of the
act In order 10 maintain the substance OF his
article, ~ h. necessary for the House of Repre-
:. ntailves 20 show that the Pressdent wiitfusiy
~ ~ aeohssrned h. The substance o: the charge
Is lhs : knowing Mr.. Stantons case 20 be within
the aeI the President wf1fui1y ignored the
lsca ana Nioiated IL But what is the proof of
the eeiegsuonf There II a great mass OF Jldi-
cat woik done by the Executive Department,
Nbica mOst n times consfrue the law. IL was
tee GUY OF me President TO examine this tenure
oi-onlce law IN us various applfcatiens, and
the President an the pursuance OF that exam-
lhalloh, became convinced that the case Of Mr.
S'snton sl ald NOT come within the law, aud in
tbfe opinion be was strengthened by me le~al
advice which the Constitution furnrsb.d n,r
He would ask how it wss possible Tor this Saa
aie TO convict the President OF high crimes and
misdemeanors for constituting a law as those
who made IL construed 10. He thought IN. non
orable Managers would find it extremely dsrf,-
cult 10 construct out of the broken fragments
OF this article anything that would convict tAa
President. Although the proviso does no,
confer upon the President the power 20 remove
the Secretaries. u clearly does It by Implication
t-Autt Cuuf-OI-ONiCf law GI tf~r. tLeF -
nothing 10 prevent the President from remoN-
ing an officer during the session OF the Senate.
There Is nothing in the Constitution 20 prohibit
1t The Constitution provides how vacancies
may he fiiled, but there is nothing sad about
how they may be made. In the great debates
OF l9s9 n was generally construed that the Con
sutniion lodged the power Of removal in ths
President, and from % down 20 'e2 the whole
legislation OF the country was passed on ths,
assumption that the President had thsT power
OF removal, and the Senate had no control over
p matter hQi I ha aaaS hat.
lty was there whether the Senate was in
session or not. This power belng conced-
"a TO the President IN 1883 as either inherent %
hlm under the Consultation, or as a grant by
the Iegis stature. The question now ls, what
has the Senate got 10 do with the removal OF
Mr.. Strntoni The power OF the President 20
. remove his Cabinet Offices never having bsapL
questioned. The list OF those absolute re-
moyals by the Presidents We're not many, bat
~ had been found necessary 10 issue an order
OF removals before this. He would ask 20 have
their attention 10 a striking case of recent oc-
currence. ON the eve of the rebellion, the Sec
retary OF War then in Office was dlsloyal, his
Chief Clerk was disloyal, and the President
said TO him be must have Possession of that
office. Mr.. Floyd either had too much sense
or too much politeness, or too much something
else 10 make any objection, and immediately
surrendered the Office, and Mr.. Holt was puI
IN his place. The Constitution requires the
President 10 take care that the laws are faith
tuily executed, and TO protect and defend the
Constitution Of the United States He supposed
every man would agree that when the Pr,.si-
dent was doing his best TO have the In ws ex-
eouted, and 10 uphold the Constitution, that
although he might make mistakes, he was not
guilty OF high crimes and misdemeanors In
pursuance as he thought of his duty. and for
reasons which will hereafter appear. the Pres
ldent had sIgnlned TO Mr.. Stanton his desire
that he should resign Mr. Stanton acting diff
ferently from the manner in which snch init
nations had always been met and different
from the manner in which most people thought
be would have acted, refused TO do 20, and the
President thereupon suspended him from Of
fee. The Senate refused TO concur in such
suspension, and the President cast about TO ex-
anime whether Mr.. Stanton came under the
tenure OF office law. and whether that law was
valid and constitutional, and therefore binding
on him. The President is the trustee of the
people, 10 defend the Cons titutloD and the laws
made under them, but IL his conscience shows
him that his acts under IL wrong, would any of
you blame him for not being guided by il, or
would You not yourself decline TO do so. He
(Mr. c. did not wish 10 be misunderstood on
this point The President had no power to as
sume judicial jurisdiction over the laws OF
Congress. nor dad the President think OF as
suming such power. 1t was his duty when a
law was passed bY the Constitution over his
veto TO execute ~. that rs where hSs functions
in con nectiUn with II are only ministerial, but
where law Affects him, and 50 closely a this
law, IL rs his right and duty to make has own
Interpretation OF IL Suppose a law ives passed
iorbldding the President TO make treaty with
Eusland, n would be plain iufraction OF the
Constitution, and the burden duty of the Presi-
3 dent would be 10 resist such a law. Ii may he
SAID thIs is very plain case, but where does the
Senate get this power TO coutrol the tenure-of-
office. Ii may be claimed under the Constitution
/ by implication, Out, after The President has
/ taken advice upon IL from his legal advisers,
and Il satisfied that il conflicts with his rights
I and his duties under the Constitution. he has
right 10 seek judicial Interpretation of it, and
| this rs All he designed in the present case and
TINS position he does assume and hold in the
lace Of the civilized world. When a conlempo-
raneous exposition has been made Of a law and
when it has been followed by a long period OF
1 Nhga aG eg..,l l.~..
question its validity ana application.
Mr.. 4. then read from the debates Of 1879 on
TIE tenure-oi-office bill, and the proposed
amendment OF Mr.. Benson, coniering the power
OF removal on the President L and giving as hi.
reason that a. would there appear that the
power was conf rred by the legislature. The
and was passed. MIR. O. then read from pages
ise and i5O of Life Of John Adams, by his
grandson an reference to this point, and also
quoted IRON Storys Commentaries
On comparing the decision made in 15s9
with the test II appears that il was intended 10
enter into all the kings OF the Government,
ara 10 nx system for the future and the men
VINO participated IN II must be conceded 10 have
been particularly we'll fitted for their task To
Hollow maxim from Lord Coke. practice il
the best Interpretation of the law. Now what
followed. Down TO 1862 every President and
every Congress acted on the construction made
IN %. The people had considered and knew
ali about AZ, and so iar were the people from ex-
pressing every disapprobation of II, that IL is
Well known that the parties Of the country, che
ana all retired under the system Of removal.
Al this point Gas p. m the Court on mo-
non OF Senator Edmonds, took a recess Of fif-
teen minutes.
HOUSE OF REPREsENTATIvEs-The House
was called 20 order at - O'Clock.
Prayer was offered by the Chaplain, Rev. Dr.
Boynton.
The Speaker laid before the House a commu-
nlcation from the Secretary of War enclosing
Gen Warren's report of the survey of the
upper Missouri river and lts tributaries
Referred 10 Committee on Commerce
Mr.. Chanler (N.N.) offered a resolution de-
caring that IN the opinion Of the House. IN A.
the duty of the Government of the United
States to take pl ompt measures 10 reconcile the
olmcultIes now existing in the South American
States; tnat a commission should be appointed
oy the L nlted States to visit Brazil. Uraguay
and Paraguay, for that purpose, and request
ing the President TO inform the House what
steps have been taken, If any, toward a recon-
struction OF those powers. Referred 20 Com
mlttee on Foreign Affairs.
Mr.. Archer (Md.l presented the petit on Of
sundry citizens of Maryland for the repeal of
lhe TAX on petroleum. Referred to Ways and
Means Committee.
Mr.. Kerr (Md.) asked consent of the House 10
have IL Understood that the contested election
case from the 18th Ohio District fDelano VS.
Morgan) shall not be taken up for Oonsidera-
non until May 7th. He said his reason for ask
ing TINS was that the testimony was very yo-
luminous and would occupy much Of the time
OF the minority in making up their report He
had private business winch demanded mis- i'm
a a a -.