New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-09

il, eTve matters Of policy and administration;
and there i; h one result u me T Teaton This no adds
js the past history Of the Government mas away
the rule and II l. wise one for differences ol otnoY
among it, menbors must impair The enciS ~ FL c
administration It Is nnnce essaTy 70 eXiO vbnSton
discussion and speculation mere presented: OH
retained both ] iprsOn aud Hamilton IN MS Nabct W
tnoSea .sy me ryest matters of policy and admin
fstrafion" aud althou g Jefferson freely criticised hu en-
eay9 de 10 HISTORY however does not tell the
ard tale that Cen Washu gtOn or either OF the secretaries
vs seeking render nugaOry acts Of Congress aehuy
sssed and IN force The duty OF the Executive To carry
ont the had not then become subject OF DEBATE IN
That this startling purpose the part Of Mr. johnson
was the real qOnnd Of the Conferences OF opnloh Dc
tween him and Secretary Stanton, is sufficiently lnd-
Gated by the facts already referred to- and the sun more
gnifcan fact that the report before US GOfs nU IT.
daring is qne equal to this nowhere sels iTn
the subject matter which the theme OF TINS dlher
~nce OF opnon while the surrounding facts and crcun-
stances taken I'm connection with this studed slehce
Whether fine decentralization acts OF Congress should be
faithfully executed according 10 their true intent ana
esy no SGS ~ eoS SSns 10 The world in
solemn communication TO the Senate REQUIRED more
nerve than the writer possessed Mr. stanton, men VIZ
asked 10 resign because he would not be party 10 tu
a scheme And because toreseclng that scheme Womb
pe carried out IN case ne should give MI JohnsOl a
chance TO appoint plant and cOnsenting Secretary TO
of the highest import Mr. Johnson suspeDds him for
misconduct in office" The Secretary had legal right
refuse and the circumstances fully justified his do
!ng We recognize In his refusal no misconduct no fault
lie consulted both lis duty and the best interests OF the
country During the bloody civil war; his eminent tai
ents his patriotism his vigilance, his untiring devotion
20 the cause and his unfinchiug determination put
down the Rebeon had Justly entitled him 10 the graft:
times no and faithful. When many others
seemed to despair his fOrtitude was mistaken. When
defeat and encouragement darkened the land. he
not appalled, but his genius pierced inc gloom ana saw
thze with that spirit which, without fixing upon him
much plausible charge OF misconduct, would cast
Presidents report, not content with stating and relying
the causes which existed anterior to the separator
nd
spred afterward Of is not entitled 10 the
heinz informed by note from Mr. johnson that he had
been suspended Mr. Stanton replied in the following note
Wan DErARTrryT. wAsHISofcS CRY Avg u, 1854
SIR Your note Of tbs date las been received ofh me 'as
United states suspended from once seey Of wsr
sai also dIeg me al once 10 transfer to Gen Ulysses Grsl
s y si'T s book. a5e srd oS public property
%y custody s9a S he Sfs' sp8 avs o he TSte states
without be advice and consent Of the sSSs,e a1d without % GuS 70
pertaining without such sdyee and consent
Gs yrorery IN nv eSs,o a. Secretary But nssmach =. tie
oonTindng the armies Of The United States R been APPOINTED al
40 alternative bat to submit under protest. to superior force
In this note Mr. Stanton relies upon the once
act already referred to- the first section OF which provides
has been appointed by and with the advice and consent
OF the Senate and every person who shall hereafter be
ned to act therein is and shall be- entitled hold such
Office uutl successor shall have been in Ike manner ap
provided Prorided That the Secretaries Of state
Treasury OF Mar Of the Navy Of Secretary and 81 the
eral shall held their offices respectively IOr ahd oung
appointed. and for month thereafter, subject to re
Oyal by aud with the advice and consent OF the senate
We have already quoted as much OF section OF the act
Mr. johnson alleges that when he vetoed the Tenureoi
Office bill, Mr. stanton concurred with him and the rest
of the Cabinet in holding IL TO be unconstitutional and
he charges Mr.. stanton with "ehange % opinion
ton against the effort to suspend hIm He insists
effect that the Secretary ought still TO regard II as yad
and Imperative and declares that II any one OF me- IaD
net officers had then said 70 him that he would avail him
self Of the provisions Of that bill in case II became law
no should have hesated moment 10 his removal
IL Is true that Mr. Stanton thought that bill unconstitu
tiOna and opposed TO its becoming law such was
SINCERELY his view. Of the abest statesmen In the
country entertained the opinion; while Others.
equaly able have held the contrary doctrine, among
whom was Mr. Webster. The controversy is almost as
old as the Government sui a9es ioo% ta9 ~ e%se
posed he is TO carry his notions So far as to treat
thirds vote Of each house Of Congress- Mr. johnson has
not dared do this for his very order suspendng r stan
from office, provided by this same law Is reeog-
milton of its validity. Such proceeding can take place
only under that act Mr. Jefferson, member Of Pres
ldent Washngons Cabinet thought the hrs Dank OF ne
United States unconstitutional; yet during hs admins
traton Of eight years he never sought 10 disturb H.
charter for the and yet in Sl6 he yielded
his opinion. and approved the United states Bank charter
If public officer must, because he has deemed it
uncoISttutiona act Of Congress as void ana
totally disregard IT, II Is easy to see the confusion la
would be the consequence. There would be rs many
jcct the whms OF these Inultitudnous Judges ana
Is 10 the principle that, when M has passed through all
the forms required by the Constitution the statute Is 70
DC obey until In proper case at law or IN equity as
tncty Involving It's validity, ~ mas Deen Meu ey We
court OF resort TO be unconstitutional MT stanton
was actuated by this motive The Tenure-ofOmce bill
having been passed the Presidents Veto he ike
faithful OFFICER obedient the law, treated II as the will
OF the nation, cOnstitutionay expressed 1t was 70 nm
law not only guaranteeing his once pnt III We" OF lhe
purposes OF Mr. Johnson, imposing soem.
%
that the Cabinet discussions OF the TenuIeofOnce Dill
ructon acts were passed March 49, and July 49, respect
vey; 60 that Mr.. JohnsOn's purposes could not have
named measure as ofterSaId. In June they received
shape aud clear direction from the 0pmOns OF INC Az
commencement The bitter and defiant tone OF the Veo
Of the act Of July 10 tended s more strongly 10 display
r JohlSoS opP0s,Un anu a oitv and ,mnort
10 the whole country and In our opinion tuy JUS
titled Mr. Stanton in laying aside all Difference toward
the President suggested by ordinary relations ana occur
renees. .,.,, ,.... -. l., to-.
OF his scheme OF executive reconstruction and endeayors
make it out that he had changed his ground and OPP
posed the "pOcy" OF Mr. johnson. He says "A Leading
feature that plan that II should be carried out by
the Executive authority, for so far as have been m
net doubted his authority 10 act OF proposed 10 call an
extra session OF Congress 10 do the work Inc rst basi
transacted after became President this uDfn
REORGANIZATION was nrodueed which had been prepared
for Mr. Lincoln by Mr. Stanton his Secretary OF War IL
was approved and, at the earliest moment pIaSaceDe,
Of North Carolina and afterwaTd became the basis OF
action in turn for the other States In order 70 sustain
this allegation Mr. johnson cites part OF the testimony
given by Mr. stanton before the Impeachment Committee
Of the ouse Of Representatives That part as follows
QuesiiOn "Did any OF the Cabinet express doubt
tho power the Executive branch OF the Govern
TO reorganize State Governments which had been
rehekOu, without the aid OF COnRCssi AnseT. None
whatever had entertained no doubt OF the author
sly the President 20 take measures for the organization
Of the Rebel States the plan specified in the prOclama
ton in the Of North CaroLna." u@peachmon Ftp
4OiJ The President in his report adds There is
haI no act of my administration for which have been
more denounced than ths IL not originated by me-
Thus far and upon this vital policy there was per