Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-10
The .Journal Rises to AN Expla-


The sUOurnaI Kisses 10 an Expla-
The Journal is laboring under the inn
preston that "there seems to be an unac-
countable lack of knowledge with refer
ence to the power of the President to make
a case to test the constitutionality of the
Tenure-of-Ofice Law" Lest this ''unac-
co1ntable lack of knowledge lead to bad
It finds it necessary to impress upon the
public what it pretends to believe to bea fact,
that ssthe President was fatally bent upon
mischief - but we give the Journals words:
aBut.the heart of the President was IA
tallv bent upon mischief, and he refused to
avail himself of this legal and peaceful
remedy. He seems to have adopted as his
rule of conduct the novel maxim in juris-
prudence-AH ld,cs Of Congress shall be deem
ed uncons 'ituti0ndI and u0td, until decided by
the Courts of last resort to be Constitutional
Under this unique rule of construction. he
NAV break every law in the statute book
without guilt. Instead of being the Exec
utive, he becomes the immovable impedi-
ment in the way of the execution of any
law whatever, except at his own sovereign
case of non-execution or mal-execution in
the tedious Courts, before His Excellency
will deign to EXECUTE the law" Tr
This same Journal on the 2lst of Decem-
ber last, talked as follows touching the
President and this Tenure of Office bill:
"MR. STANToN's CAsE.-We are not
troubled, like many of our contemporaries,
to ascertain whether the allegations made
by the President concerning Stanton's re-
moval, are true or untrue. SO far as this
affects the matter of the Secretary's REIN
statement, we do not care what the history
of the case may be. The tenure of office bill,
as applied to the Constitutional advisers of
the President of the United States, If not ita-
constitutional, is practically absurd. The idea
thai the Executive is to be held responsible fer
,ohat is done by each Department and get is
pererless to determine ioho shall be the head of
any particular Department, is too ridiculous
for discussion. This Tenure of Office bill, as
applied to Cabinet Ministers, makes stoeeptng
change in our system of Government. Ii
amounts to this, that the confidential advis-
ers and the sole agents through whom the
President is expected to perform his public
duties, may each and all be banded tOgeth-
er to defeat every measure which the EX-
ecutive wishes carried out. Nay, more:
the losoest Cabinet officer may treat the Presi-
dent of the United States, in has oion house,
10Th insolence and contempt, and get the Com
nsander in Chief is p0,oerless to guard against
any insult that his subordinates may heap
upon him. If President Jackson had
not had the power to change his Secreta-
ries of the Treasury, could he ever have
carried out his financial policy? Should
President Lincoln haYe been restrained
from removing Simon Cameron? Or
should General Grant, if elected President,
be deprived of the power of determining at
all times who shall, be his Secretary of
War? johnson, like euery other President,
has the poDer and should haze the po,oer. to
make change in his Cabinet soheneuer he sees
fit. Much as zoe admire Stanton, zoe do not
care sohether Johnson had cause for renaoui',g
him or not. 1t is enough to kno,o that he is re-
moved"
Was the Journal then, or is it now, aff1ict-
ed with ian. unaccountable lack of knowl-
edge" on this subjecte