The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-05-22
Argument Of Senator Harlan In
secret Session In Favor Of
The Conviction Of Andrew
Johnson.
An Able Review of the Case.

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:. -,
The following Is the OPINION oeiiSerea %
Senator Harlan in the secret debate on in
ranoh n, N uo,aav last.
:.. ~
10 tae hrst afs.c,e " ~. ~
house OF hep'essh'a.ses $3.50
sohhsou' ifesiden' " ,ne .., o'Aeo' :.
IL eo.'.i'ssioa VI aiSn 1noa ~
once 10 lssu'hS an o,aef' uutins als 7es
sion OF the senate, LOT sne removal OF Eo1'n
stanton, SECRETARY OF ihe Department. 81
az, from sa,a once, feofuafy ~ 1000, ~
VOCATION OF the constitution ana OF ~ &c.
entitled An ae' regulating tne tenure OF
certain civil onces, approved May Z, 1919. I
Inc President 10 Els answer 70 TINS article.
presented 10 Inc Senate March Is, 1869, ad |
ml's that be did remove said stanton from
seld office by suspending him August Il, !
1861, and by making il absolute and per- |
petual, as per order dated February 81. 1863; /
and justiies the act Of removal by asserting
" that the constitution of the 'nited States |
confers on the President the +
power at any and all times Of removing from /
Office all executive officers for causs. To be |
judged of by the President alone, and that
'sthe congress could not derri=e him there.
Off Impeachment Record. r. 23.i
Its proper To ohserra IN The beginning
EFPStNont nnnpF
existing statute-that of lIsa. creating the
Department Of War, or any other. He ad-
mits the act of removal. and claims that i,
was not "a HIGH m;siemeaner in of;ceu al.
lie thateine the constitution conrars on him
the absolute and exclusive rob, Ia rernove
sfi executive officers at discretion. whether
rte Senate be in session or no. ard admit.
ting the existence Of an act of eonpress nro,
hibi,ing it. the sc. of removal was neyerthe.
less legal. because. in his oninion. co,r-eas
had no right. under the constitution. To pro.
hibit, to regulate, or in any wav 10 interfere
Win the ayarc;ea nc III. E,aar,;w. tsnat;o,,
This is the Issue Joined under the first arti.
Gle, which brings us necessarily to an exam,
nation Of the provisions of the constitution
which are supposed TO clothe the President
with this exclusive authority TO make reno
walls from Office.
The constitution does not anywhere, il
terms, confer on the President the anthorit,
to make removals; nor does it anywhere con
fer on him this right by necessary inpiics
ton. l. does confer on him the quaife:
right to make appointments.
1he second clause of the second section o
Article ~ of the constitution provides thai
he shall nominate, and by md with the adj
vice and consent of the Senate, shall sn,
point ambassadors, other public minister
and all other officers Of the United States
whose appointments mot herein otherwise
provided for, and which shall be estabshed
by law. /" Il also provides that scongres,
may BY Law vest the appointment Of such in.
ferior officers as they think proper in the
President alone. in the courts OF law. or Ia
the heads OF departments = And the last
clause of this SECTION provides that f:tbe
President shall have power 10 I'll! up all va.
caacjes that may happen during the reees, of
the Senate, by granting commissions which
shalt expire at the end OF their next se..
sion.p
1t is therefore clear thu, ~. pr.s,aon, !,
clothed by direct grant of ,ba co,s,;,,,;o,
with the absolute. nnrestrained and ayci,,.
sive right to make anro;u. mants n frI vocan.
cies tampararilv which b.nnan a.
the recess of tho ssne,a az a.;.t IL .ls
fed right to maka ,aru.nsa, - ~ qaa..,
during the session as ,hs san,, aPp h., ha :
no. clothed with the authority Inv d;r.ct gran,
70 make removals either "a tho raca.. a. d,,-
ing the sessions If tbe senate
Nor does the President appear to bs vested
wi,h the eye,ns;va ar,h,r;,s - 49, 49,,
yeis by anx nscassarv r,l;.as;a Aa ~ !, ,enu
necessary construction n any o,bsr cis,. aa -
the constitution.
/. is som asimes argued that the riek. to re
move is necessary incident or ooneoai,ans
Of the right 70 anno,n, Bnt mia is ha,s;,s
the very question p1 q, issua Is !,
.te.eene y, fue pohel 20 apfoih. II 30. shY
= :. - Jay Hoi she ae' o. appointment De
qsssince anu ssfsars,e from the act OF removal!
-, 'asy must necessarily SO togethe r
3. sss mass necessary De performed by
we SANE parry g parhes-if they are neees-
L. ;s.a:.,..',o - =. esna o'her, " WIZ not
'nas wv itesiIeni haYing Inc
$500 Ahu aosoin.s ahahofity 10 masa
r,ng shs ,aoas. ai go III
moral. a,,;n :. sne SENATE may Ssasa re-
cIothad onIv .;,h s ehcs As ne IS
snnointmsnt, dnrna ~, aaa,.sss Isshs 20 make
remove during tha sasa;ea 'se,r ~, ne fsshs 70
mn.t he onai;Saa - ~ =. .he senate
To assert # eo,,,r., .ns ms, sane '.m,,ations.
enrdity OF inss,ny IL, ~ ;no s5iss me an
!. :. sl.e p..u.lpis. mat the implied power
,hs 49, ;nsh sne Greet grant; or, to Apply
that The ras.a,pI aSs.es, u would ns 70 asseri
f.oa nav ~ 80, hsh, 'rosa another sur
..h.s he rora pr.o' 20 the a.Fecf solar ray
ors.,s- mar r. - ~ lying rfoJactRs IS
as,i.sd - :, o,:e., IL. 'aiee iroA which II
!, ssanes.o ~ e lar, tnefetore, as
;.,a;da,t - ~ -. !. . :. = Iesesni - an
al. u,,s, ~ ,s.s y :, lne ITO
poss.ssed he III p.ss;a.. "n - authQtaJ
Ger d derived from :, o remove an ON
s.ro;,t sna ~" ~le grant OF authority to
~ !. II the power TO appoint during
:. sessions of the Senate is qualified depend
ing on tho advice and consent Of the Sen
ate, i, must follow that the authority TO re-
move during the sessions is in like manner.
qualified and dc pendent on the adrics and,
enr.snt ,f the Sena..
RI. If The mower NJ srra,n,rsr, .n3,t.
power Of rem oval are separate functions. i,
would have been possible for the trainers Of