The New York herald., 1868-04-28
YORK HERALD TUESDAY 2s 1861 QUADRUPIE SHEET

T. and It would hardly lie in his mouth after that to
deny ITS validity. unless he confessed himself guilty
OF iaw-breaking by issuing such commissions Lei
US here look at Andrew J0hnsons accepting the oat
On the I'd Of March, 1857 he returned to the Senate
ne ienure OF once bill where 1t had originated and
with q more than
pass nnally Among these was the allegation Of its
n E 1t passed BY vote Of IS yeas
passed by more than two-thirds majority, and
when the vote was announced, the Speaker, as
in the language Of the constuon no.s shas twothires
OF each house having voted for 1t, notwithstanding
the objections Of the President, It has become laws
moment waiting to take the oath Of once as Presi-
dent Of the United States, that he would obey the
executed" Having been sworn on the holy evan
gels 70 oney the constitution, and being about to de-
part ne turns to the person administering the oath
anu says stop, have further oath. do solemnly
swear that win not allow the act entitled sAn Act
Regulating the Tenure Of Certain Civil Onces just
executed; but l will prevent It's execution
~ Rov VrsSe sSec.sd 9t my own constitutional power"
what would the congress sS w9ui1 %aS nave 9een
scene equaed only by the unparalleled action Of this
same oicia when sworn into ONCE that fatal 9th
Abraham Lincoln Certainly he would not have
been permitted to be inaugurated Vice President
or President. @ Yet such in effect has been his con-
Duct J! not under oath, at least with less excuse,
since the fatal day which inflicted him upon the
people Of the United States Can the President hope
proved or confessed by him, as has been done? Can
ne expect suficlent number Of his triers to pro-
same triers having passed upon its T validity upon
70 p yeas to nays. Those who voted in the alnrma-
Chandler, ,cOnness, cragin, Edmunds, Toga'
Foster rrelinghuysen, Crimes, Harris, Hendsr-
Poland, Ramsey, Sherman, sprague, Sum Sumner % Van
Wnkle wade, Wiley, Williams, Wilson, Yates-2e
subsequently the House Of Representatives passed
the Dill with amendments, which the Senate disa-
greed to, and the bill was afterwards referred to
committee OF conference Of the two houses, whose
ayers and was adopted by q vote Of % yeas to 10
nays. Those who voted In the affirmative were
Messrs. Anthony, Brown, Chandler, Conness, Fogg
Morrill,, Ramsey, Ross, Sherman, Stewart. Summer,
Trumbull, Wade, Williams, Wilson and Yates
bill in the Senate, and after all the arguments
against Its validity were spread before that
body 1t passed BY vote Of 80 yeas to u nays
Messrs. Anthony, CatteI, Chandler, Conness, Cragn
Edmunds, Fessenden Fogg, Foster, Fowler, FreIing-
wood, Lane, Morgan, Morrill,, Nye, Poland, Pomeroy,
Ramsey; Ross, Sherman, Sprague Stewart, Sumner,
um6a Idu Van wInsle ink Wade Wiley Williams WI
tue OF the constitution he had the right to remove
heads Of departments. and cites large number Of
cases where his predecessor had done so. IL must
be observed that all those cases before the pas
sage OF the Tenure OF Onlce act, March 2 1857. VIII
ne W ay d an sGs
OF the same act after law has been passed expressly
prohibiting the same9 It is not the suspension or
removal Of Mr. stanton that is complained OF,
but the manner of the suspension If the President
thought he had good reasons for suspendng or re-
moving Mr.. Stanton, and had done SO, sending those
reasons to the Senate and then obeyed the decision
OF the Senate In their finding, there would have been
no complaints but instead OF that he suspends him
then enters into arrangement, or attempts TO do
SO, In which he thought he had succeeded prevent
Senate And when the Senate ordered him to restore
Mr.. Stanton he makes second removal by virtue Of
what he calls the power vested in him by the Con-
stituion. The action OF the Senate on the message
of the President, communicated his reasons for the
suspension of E. NJ. Stanton, Secretary Of War,
under the act entitled an act 70 regulate the tenure
OF certain civil offices, was as follows -
In EXECUTIVE SESSION.
SENATE OF THE UNITED STATES, Jan. 10, ls6s.i
BY %
e DO o 9,
And the same was duly certified to the President,
in the face Of which he, with an impudence and
senate, again removed Edwin NJ. Stanton and ap-
pointed Lorenzo Thomas Secretary ad interim In his
the usurper by the following resoIution:-
In EXECUTIVE SESSION,
w SENATE a. s OF THE r. United sIArls Feb q lsssS
mansaon q the President stating that had Ed
Xasn o. the army 70 act E as ssersaryy os War s
Resolved Sy hs Senate of the United States That under the
sns s"s he Of Sna the
ohsr oce perform the iss Of tina. ONCE u% "
Yet he Continued him I'm office. And now this on.
spring OF assassination turns upon the Senate who
have IN, TINS ree1Red him IN constitutional III manner
vengeance OF the lawf Wretched man, standing at
bay, surrounded by Gordon OF living men, each with
the axe or an executioner upifted for hts just pun
ishment. Every Senator now trying him, except
such had already adopted his policy voted for this
same resolution pronouncing his solemn doom. Will
thein for hia acuuiffQl
OF its unconstitutionalitys I know that Senators
would venture TO do any necessary act " endorsed by
opinion; but neither for the sake Of the
President nor OF any one else would one of them
eq eveasng oboa How % long and dars
would be the track or infamy which must mark
his name and that Of his posterity! Nothing Is there
fore more certain than that IL requires gift Of
prophecy to predict the fate Of this unhappy victim
j have now discussed but one of the numerous art
cles, all OF which believe to be fully sustained, and
few OF The almost innumerable offences charged to
this wayward, unhappy ofiicial. have alluded to
two or three others which could have wished to
have had time to present and discuss, not for the
sake OF punishment but for the benent OF the
country. One OF these was an article charging
power Of the nation and attempting still his
usurpations. With regard to usurpation, one
ge word M sxpa my meaning civil
territory 10 constitute many States and nations.
broke out, and embraced more than ten millions of
called the Confederate States OF America. They rose
TO the dignity Of an independent belllgerent, and
were so acknowledged by all civilized nations, as
well as by ourselves. After expensive and bloody
strife VIC conquered them, and they submitted to
our arms. by the law OF nations, well understood
and undisputed the c0nquerors In this unjust war
had the right TO deal with the vanquished az them
might seem good, subject only to the laws Of
They had right to cOnscate their prop
erty to the extent OF indemnifying themselves and
their citizens; to annex them to the victorious nation
and pass Just such laws for their government as they
might think proper. This doctrine IL AZ old
as Grotius and az fresh as the Dorr rebellion.
Neither the President nor the judiciary had
any right TO interfere, to dictate any terms or
to aid In reconstruction, further than they d.
bs r ren"sc % se nt
States. Whoever, besides Congress-, undertakes TO
create new states or 10 rebuild old ones and fix the
condition of their citizenship and union usurps
powers which do not belong TO him and Is dangerous
or not DANGEROUS according TO tbe eXteDE Qf bis
power and his pretensions. Andrew Johnson did
surp the legislative power Qf the nation by building
new States and reconsructing ~ far az In him lay
this empire. lie directed the defunct States TO come
and of hrpa inn int hat