The New York herald., 1868-01-08
SECRETARY STANTON.

The House, ~ nfteen minutes past four adjourned
SECRETARY STANTON.
Report of Senator Howard ON the Removal
Of MIR. Stanton from tho War Once.
From the Evening Telegram Of ycsterday.l
WASHINGTON, Jan. Z, 1868.
Last night Senator Howard, OF Michigan. completed
tho report he has been engaged in preparing respecting
tho case OF the removal OF Secretary Stanton The
report extremely long, covering ninotyave pages Of
manuscript. The following is . synopsis Of its prin
cipal points,
After relating the fact OF Stanons suspension and tho
appointment OF Grant as Secretary ad interim, and
quoting some portion or the Tenure Of Office act. the
report continues
Your Committee do not stop to discuss the constitu
tionality of the Tenure of Office act. Mr. Johnson not
withstandng his opposition and his former
OF the measure, chiefly the ground OF want OF
constitutional warrant has by his proceeding now under
consideration. recognized its binding force He has
adopted 1t rule OF his conduct by actually using and
employing power created and existing only By the act
sclfthe power OF suspension; and IT only remains for
to give views OF the suicency OF tho evidence
and reasons on which be relies to Justify his action
careful perusa Of his report to the Senate shows
that bis first or general reason for the suspension OF Mr.
stanton was that no refused to resign when requested
and stated in his reply TO the request that public
sderatons, &c. constrained him not to resign before
tho next meeting OF Congress-
| Here follows the Presidents note to Mr. stantonl
As nothing alleged against Mr. Stanton to dis
qualify him from holding his position, the style OF
overbearing. He had tho Same right to his
place under Law Mr.. johnson had to his.
The Secrearys reply 10 here quoted, aud thereupon
the report goes on 10 the President suspended him
from Office The order Of suspension made, putting
Mr.. Stanton out and putting General Grant into the
Office before the writing OF the letter OF the 12th Mr.
Johnson in his report characerizes the note OF Mr..
Stanton q defiance and something moro. 1t no
defiance. asserted plainly thai public considerations
alone induced him to remain.
The TACT was made public oy Nj, johnson % S that Mr.
General In reference TO the reconstruction and
whole country had seen tina. II these opinions had been
carried out as Mr. Johnson proposed they should be
the reconsrueton OF the Southern States would DO
| fsated.
Congress assembled In July these acts
by further legislation; but Mr. Johnson used ali his
1uence TO render them abortve. His whole course OF
conduct was IN open and violent antagonis to the will
Of the nation Mr. Stanton on the other hand favored
the faithful execution Of thsse acts and he had good
reason 10 believe shat " he resigned his post Mr. John
would appoint some person in accordance with him
self In his plans Of obstruction and resistance 10 the will
Of Congress. Il was undoubtedly tho aim Of Mr. John
| thwart the intended effect Of these statutes
Mr. Stanton strongly and manully opposed tho Pres-
donps policy, and 10 resist the accomplishment OF IL
asserted thai public considerations Influenced him to
remain a his post and those statutes efectuaiy
On this subject tue report Of the Prssden, con-
tains this singular cogency these
considerations may have had upon Mr. stanton, what
right no havo had to entertain such consdera.
tens whatever proprety there might be In the express
sion OF them TO Others. one thing is cortan, II
official misconduct to say the least Of It, to parade them
before his superior officer"
Is this soY Has IL come to pass in the United States
that because public officer refuses TO resign his place
demaud OF the Executive and refuses because, in
hrs opinion the public interests require IT, he becomes
guily OF official misconduct and worthy Of being de-
graded from hIs oce If So then the President for
the time being dressed little brief authority Is tho
nna and lnfable judge Of what the public interest
quires Congress and It's laws arc nothing; and how.
wsnton and wicked he may be. IL becomes official
misconduct TO differ with him opinion and make
known to him the difference. II would secm so from
the position here taken but We cannot counienance
step towards tyranny, but itself the essence OF
tyranny.
that what he claims Is that no Is the responsible
head Of the Administrations; and when the opinions OF
the head a department rreconclablv opposed
OF the President in grave matters Of policy and
ADMINISTRATION there 10 but one result that can help the
difficulty and that is In the severance OF tho relation
This he adds the past history Of tno government has
always been the rule; and Is wise one for differ
snces ot opnion among its members must impair the
efficiency OF any adm nistraton.
That this startling purpose on tho part of Mr. Johnson
was tho real ground of the difference OF opnionn De
tween himself and Secretary Stanton Is sufficiently ind
Gated BY the facts already referred to- and s
significant fact that the report before US does not
undertake 70 safe what the real difference Of opinion
could not be party TO such scheme, AID because,
foreseeng that scheme would be carried out in case he
snould give Mr.. Johnson a chance 70 appoint plant
c0nsentng Secretary 70 m the vacancy, he refused
resign and stood upon reason OF the highest import
| Mr. johnson suspended him for misconduct in office.
The Secretary had legal right TO refuse and the cir
cumstances fully justified his so doing We recognize
In ma refusal no misconduct no faut: but ON the con-
trary opinOn that 10 dong he consulted both his
duty and the best interests o the country.
Here follows Mr. stanton's letter to the President
dated August H. 1867 upon learning OF his
In this noto Mr. stanton relies upon the Tenure OF
Office act already referred TO. Mr. Johnson alleges that
when he vetoed the Tenure or ONCE bill Mr.. Stanton
concurred with him. tho rest OF the Cabinet holding IL
10 be uncon tutona and he now charges Mr Stanton
With change Of opinion psra.,ns Q, bad i.th IN ,nyok
nn He insists in eject that the Secretary ought still
regard invalid and imperative. and declares that
any oncIof his Cabinet officers had then said him that
he would avail himself OF the provisions OF that bill In
IL became law he should not have hssitated moment
Il is ,rue Sir Stanton thought that bill unconsttu
tions and was opposed 10 is becoming law. Such
was sincerely his view. some Of the acles, statesmen
| In the country have entertained the same opinion,
whis others equally able have held the contrary G.
tnno But does II follow that because public onicsr
has entertained such an opinion q proposed
he is to carry his notions far to treat void
when formally enacted Into law by two-thrds vote
house OF CongressS ur. johnson has not dared
70 do this for his very order suspendiug Mr. Stanton
from oce, provided BY this same Law, Is recogni.
tion OF It's validity Such proceeding can only take
Mr Stanton was actuaed BY this motive the Tenure
Of oice bill having been passed over the Presidents
treated IL the will OF tho nation consttutonaliy ex
pressed II was TO him law not only guaranteeing his
| posing solemn duty to remain al his post.
Mr. johnson next alleges that Mr. stanton was In favor
of his scheme OF executive rsconsrncton, and endeav
ored TO mako out that he had changed his ground and
opposed that "poiicyn Of Mr. johnson. In order 10
sustain this allegation Mr. Johnson citcs part OF the
testimony given by Mr. Stanton before the Inpesch-
| ment Committee OF the House Of Representatives.
Hero follow extracts from the published mpeach-
mont testimony gvsn by Mr. Stanton concerning recon.
| slructiop.1
Tho report continues IL manifest from this tha,
Mr. Stanton was not the responsible originator Of the
plan which was adopted. That Ar. johnson, acting
probably under the advice Of the secretary or State
| IRON whose Office II emanated, was the responsible
author and designer Ia equally manifest That Mr.
sono m he frou
the suffrage Is equally evident though he finally gave
his assent 70 the instrument produced by Mr. John
son. II was understood then that the plan was TEN.
porary and PROVISIONAL subject to the future action and
i control of Congress-
[fisre follows telegraph OF July, 1895. to Governor
Sharkey, Of Mississippi
M johnson claims 70 be RESPONSIBLE for The ccndue,