Buchanan County bulletin and guardian. (Independence, Iowa) 1866-1869, 1868-03-27
~. AIIIsOy ~, .crc.,;cr

test against the second section?
II Mr.. ALLISON. II is true, believe,
approving the bill, the President sent
soma arguments by way Of protest again
the second section Of the act Of 1867; bt
Mr.. Chairman, the President without 81
objection or apology, placed his signature
another act having the Same force and effec
10 which have just called the attention
the coin mittce.
| These two acts approved by Presidei
johnson nust have been regarded BY him .
constitutional Otherwise 10 their appov'
he violated his oath, which requires him |
preserve. protect, and defend the Constit,
tion. His defenders now claim for him a
Interpretation Of that instrument which woal
not onl, remove the Secretary Of War, VIII
is obnoxious to him, but il would ALSO Civ
the President authority at his win and pleas
ure TO re move the General Of the Army with
out the advice and consent Of the Senate, a.
required BY law just referred 10. And hay,
we not good reason 70 apprehena thss, mas
much a. the President has failed TO subsl'
die the General Of the Army = rssist bin
in the accomplishment Of his owu purposes
this officer will be the next victim Of presi-
DENTAL hate and maIevolence aud ever
other officer Of the Army in turn may bt
thus removed by the President who refuses
TO obey bis despotic WILL until the Army
shall be placed under his absolute control
Il may be answered that the President can
not Gil up these vacancies without the con.
sent OF the Senate. But be has 50 underta-
ken TO fiji pretended vacancy in tire War
Office, and may be not send to the Senate
such persons for confirmation as would not
be confirmed BY that body, when the officer
highest ia rank in the Army, With the War
Department under his control, would have
necessarily the command Of the forces Of the
United States. And here / might ask for
the motive influencing the President to send
to the Senate the names Of high officers for
promotion by brevct? This claim Of power
for the President could be urged With more
plsusibility than can be urged for the rsmo-
val Of merely civil officers, for by express
language ofthe Constitution the President
is made Commander.in-Chief Of the Army
and Navy ofthe United States and II he is
to assume powsrs BY implication he could
very easily say that such removals were nee.
essary for the efficiency Of the Army.
Indeed this p, wss il claimed for him IN.
der the clauses making him Commandes-
and-Chief Of the Army and Navy. The
clause authorizing Congress to make rules
for the government and regulation Of tbs
land and naval forces Is no stronger in its
grant OF power to Copcress than the clauses
giving Congress authority 20 lay aud collect
taxes. TO borrow. money, TO regulate com.
merce, etc, because, under the last clause
of the eighth section Of the first article, Con.
gress uiay make al laws which shall be
necessary and proper for carrying into ex>
ecution the specified powers. 1t is clear
that our assent to the assumptions Of the
President claimed for him and BY him, as
authorized by the Constitution, constitutes
. virtual abandonment Of the most import
ant legislative functions long exercised BY
Congress and heretofore unchalleneed by
any Executive. Therefore, Mr. Speaker, il
is not simply because the President has ass
.sumed to control the War Office absolutely,
without asking the advice and consent Of
the Senate as required by the the Consiitu>
ton, but it is because . failure now to exer>
else that power would be to surrender TO the
President the absolute and unlimited con>
troll, not only OF the army Of civil officers Of
the Government but its Army and il Navy,
without restraint or limitation Of Nv.
It seems to me that the tsnufe-of-ofice
act does nothing moro than rsafirm the
terms Of the Constitution as declared By its
provisions, unless il be TO provide by law
for the length of the term Of ofiico OF heads
of Departments which before the passa ge Of
that act was indefnate. The act provides
that heads of Departments shall hold their
Office respectively for and during the term
of the President by whom they mar have
been appointed, and for one month there's
after. subject to removal by and with the
consent of the Senate, and also 10 correct
an abuse which had grown up IN the prac-
tice ofthe Government Of absolute removals
during the recess Of the Senate. To claim
that Secretary Stanton does not come under
the provisisas Of this act ito asesst that be
has not been Secretary of War since the
passage of.that act which, believe, is not
contended for BY any one but The Presi-
dent is estopped from asserting now in
defense that Secretary Stanton Is not within
its provisions, for in Asgust1ast he was sus>
pended from Office BY ths President, and
the reasons for such ssspsssioas wefs given
to the Senate within the tims required by
the provisions Of the act
The Senate, having carefully considered
these reasons, decided almost unanimously
that they were not sufficient. After this
decision the Secretary resumed his Office
under the Law without ob3ectioa fkom the
President. and coniinpsa 70 exeeeiw its d~-
ties for more than 4 month AID itvilla be
observed that by the very term Of the order
which pretended to remove hin ffpn of6cs
he notified the Secretary Of wAs that
g You are hereby removed from Office -
Secretary Of the Department Of War, and
your functions as such will terminate upon
the receipt of this communication''-
Thus removing him in spsa defiance Of .
Law which the President hsd observed from
its final passage up to thas time, end in de-
6ancs of the Senate, whose will AID iudg.
ment he had himself invoked under ths
law. :.
The President bs the Constitution is es>
pecislly enjoined 10 take care that the
laws be faithfully executed, and he is there
fore not only bound = is every other citi.
zen of the Republic to observe the laws
that may be passed from time to time, but
has the higher duty imposed upon him Of
seeing TO il that every citizen obeys the
laws; and If be can set at defiance this Law
be may with equal propriety disregard amy
kw that may bs found upon the statute
books, aud sst up in defense thas he regards
the law a. unconstitutional. TIE very ma
ture Of the executive ofice rsquiees him to
obey the law, Is il is Involved in the execn~
tive authority conferred upon, him By the
Constitution, and IS such executive officer
be Is bound to execute the lsws, whatever
may be his individual opinion ssa citizen
with reference to their c0nssitnti0nalisy, and
. failure on his part 70 execale any lAw not
declared unconstitutional by the Supreme
Court OF the United States IS to violate his
cath Of Office, which compels him TO take
care that the laws be faithfully executed.
When laws are duly made and promulga-
ted they only remain TO be executed. No
discretion is submitted to the executive otfi>
Ger. Il is nos for him to deliberate aaA de-
eide upon the wisdom, expsadsncy, OF cou-
stitutionality Of the law that power he has
exhausted when be returns : bill with his
objections TO the House in which il origins
ted What has been once declared 10 be
lav under all the sautsous f4ms Of dslihse.
alton prescribed hy the Constitutions oaghl
to receive prompt obedience, and failsre
70 obey in the President should b regarded
as high misicmeanor in office.
The violation of the teutlre> ocofIioe act is
made criminal ohense BY the proyisions d
the sixth section in specific tertis. and de>
clafed to be high nisdsmeanor. and pun.
ishabls with 6ne and imprisonmeut
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