Buchanan County bulletin and guardian. (Independence, Iowa) 1866-1869, 1868-04-17
TnE TENURE az OrFlCE.
EDirok.


Impeachment followed direct vi
olation OF the Law regmlati, & the ten
IRE Of Office, by the President. This
violation was unmistakable, mas
much MS the law forbade the remov-
nj of a cabinet officer, while the sen
ate was in session, without the APP
proyal Of that body. The President
not only removed, on attempted ID re
move, Secretary Stanton,b but appoint
cd Secretary in his place ,aa interim,
withost the approval of the Senate.
lie thus distinctly violated law OF
the land, and rendered himself liable
10 impeachment. The violation was
the same, and the penalty must follow
as surely. whether the law violated
may be hereafter decided unconstitu.
,ional or othcawise, but since the De-
mocracy claim rhal Congress had no
right, under the constitution, to pass
euch law,i may be well to consider
the question and discover, il possible,
what is the truth in the matter. This
is by no means a new question. Tho
FIRST congress discussed il and it has
como up for consideration several
times since. On the 10th Of Feb
riary, 1885, Daniel Webster deliver
9 |, in the Unied States Senate, >
speech ofrcmarkaLle power upon this
very subject; and We have been sur-
prised, in reading il, TO find how
thoroughly adapted were his We've to
present circumstances. His remark
able mind seemed 10 grasp all the
conditions and contingencies of the
subject; his analysis is thorough and
logic convincing. He takes precisely
the same view of the subject ~ our
Congress Of to-day, and were he row
alive, could not fail to uphold Ill
that has been dose in connection
with the impeachment Of the Presi.
deaI After lengthy discussion Of
principles involved, in connection
with the constitution, Webster says:
"Sir, I think the whole matter il
Sufficiently plain. Nothing 10 said in
the consultation about the power Of
removal because il is not . separate
and distinct power. 1t y part Of the
power Of appointment naturally 60
ing with it or necessarily resulting
from it.
Again:
III the power Of removal, when not
otherwise regulated by constitution
or law, be part and parcel ofthe pow
er Of appointment. or necessary IN
cident TO it, then whoever holds the
power Of appointment holds also the
power Of removal But it u the
President and the Senate, aud not the
President alone, who holds the pow
or Of appointment and therefore, ac-
cordipg to the true construction Of
the constitutional should be the Presi-
dent and the Senate and no, the Prcsi-
dent alone, who holds the power OF
removal"
And with reference to the proprie-
ty of requiring The President to give
his reasons for the removal Of an off,
Ger, he says:
IL desire only, for the present At
least, that, ~len the President turns
man out OF Office, he shoulc give
his reasons for il 10 the Senate, when
he dominates another perscn to 6ll
the place. Ii they are fair and hon.
est, he need have no fear in stating
them. 1t is not TO invite trial: it is
not to give The removed officer an
opportunity Of defense; it is not to
excite controversy and debate: it is
simply that the Senate, and ultimate
~ the public, ma, know the grounds
ef removal. deem this degree Of
regulation, at least necessary; unless
We are willing to submit all these
officers to power which, as recently
exercised. tends to turn the whole
body Of public officers into partisans,
dependents, favorites, rycophanis,
and man worshirpers."
We thus have the opinion OF the
greatest statesman Of the century so
emi,haticslly and pointed favorable to
the action Of the 10th Congress, that
We can hardly disest ourselves Of the
idea that it was uttered with fore
knowledge Of the great events Of to-
day. This opinion Was delivered
thirty three years ago, and yet the
Democrats Claim that the present
law Of Congress is purely partisan
measure. growing out Of the circum-
stances Of the hourand en- .ctel thro'
party maievolencc that it is an ur-
constitutional Infringement Of the
Power of the President. The great
statesmen Of the past, as well Is the
great minds Of the present. are with
Congress in its INTERPRETATIONS Of thu