New-York tribune., 1868-04-10
NEw-YORK, FRIDAY, APRIL 10. 1865.

be the hands and Of the President and accordingly
eoun,enanced; directly and explicitly, BY the legislation
OF Congress in the organization OF the Departments and
IN the act which constitutes the Department OF war
That act provides Senators will remember IN so many
mat e Secretary OF War 20 G'enSge SaSn
as shall he assigned to him by the President and that ne
TO DO under the Presidents Instructions ana dree ,S
other Secretaries the Postmaster General and the AttOr
me fSdent w in the r. SS se Of Ss great
| duties; TO take care that the laws faithfully
do not these suggestons or views show why this class Of
officers excepted OF the Tenureof Office acti They
be the immediate confidential asstns of the President
for whom he was TO be resDonsbe and In whom he was
expected 10 the greatest honor trust and con-
dcnce therefore it that this act has connected the
sdent by whom they appointed IL SAYS in fact
that as 10 the Secretaries who were appointed py
office during the term Of their President but that to
Secretaries who in Office and who were not appointed
say and leaves them they stand. I submit
Senators, that that is the natural and - having
fssafq ss necessary s"0 Of the renureo
Office act that 1t was not the intention Of Congress TO
compel the President to continue in office Secretary not
appointed by himself Fortunately, however, we have
not only those means OF interpreting this law which
the evident object and purpose Of the act but we
decisive evidence OF what intended and understood
passed In order TO. make this apparent, and its
Just Weight more evident en- aS% me n 70 % ate THas b very
call to their mndsthe history Of provso The bill, az
altogether; It made no attempt indeed IT rejected al
attempts 10 prcscrbe the teDure-oofee for them 80
the bill went to the House Of IL was
footing o. Other eS officers appointed WITH sde ADVICE
Sass '0s't T. his body I 'e This body disagreed 70 the
aInendn ent. Thereupon Committee Of Conference
BRS or 81 Of
on the part No. o. the g0a hSa the m0n ar " nnSrs ana
came agreement 10 alter the House bill by striking
Secretaries out Of the body Of the b and inserting
n
consideration OF this Court When this report made
Committee appointed by that body to explain what
,i; done OF agreed TO De done so thnt the House
the matter. Now, / wish to read to the Senate
the explanation "a given by the Hon MT
of the House when he made the Conference report 10 the
House After reading the report, Mr.. Schenok said:
propose demand the previous question agreeing to
dopg Will explain 10 the House the condition OF the
bill and the decision OF the Committee OF Conference
upon IT, IL will be reeoccted that tho BILL IL passed
me Senate, provide that the concurrence Of the
ccpt in the ease Of heads OF departments The House
amended the bill OF the senate 40 as TO extend this
qnhemen 10 The heads OF departments as wen as to other
officers. The Committee OF Conference has agreed that
,hs senate sbal accept the amendment OF the House
but, inasmuch as thIs would compel the PRESIDENT 10
keep around him heads OF departments until the end Of
his term and who would hold to the next term,
compromise was made by which further amendment IL
added % this portion Of the BILL that the term OF Office
VI heads Of departments shall expire with the term OF tho
departments month longer In which, in OF death
the whole effect OF the proposition reported by the Com
mse OF Conference H. in fact acceptance by the
t0bs put 10 Mr Schonck and he went on 10 say:
rsrt,rn.efeee that say tn. terms Of oae, o the Ssees
IsSsH sSo 5So,s them I'D sa mouth snsi IN ease Of tsaiS
dhr .ee,iel'. ahlil other, eis Be substituted for them
tenn OF service Of the President who appoints them and
this body when the report OF the Committee Of Confer
e %a' made T5s, M William, made Ss. an IN .S SS
stnoe the that made by Mr. sehenck |
III he House Iheeuponn considerable % debate sprung
piRon Of Mr.. schenek was accepted by the House as
%ISS ANA r Ts tye en @eang and eeei Of the BIZ
Inlhs body however considerable debate sprung up
strength to undertake read this debate but think the
While OF IL may be fairly summed mp Ia this statement:
sln r Dootej that was the intention OF those who
fayGed this bill keep In office AIR. stanton and
sehsor from Ohio MIR shcrmanl one of the members OF
the conference CoDInttee-by this statement:
e. - 1i,Issa ., % os9.t. Of he ssa.G fro. & y,
tue sl1As sr,ie IA, not le,sd si,h vie. 70 person
% he NsIy oI ss sstIs,.ry of sgass" '
Then conysrtatIon arose between the honorable sena-
tor from Ohio and the honorable Senetor from WISCONSIN,
and the honorable Senator from Ohio continued thus
It the S.als h. 10 es puFo 'hored BY s vote twice TO
w .ls5 q It & RS,Sa dee & sSI &,gg :" .aD iss r. %
pusut Pe,sut The sboss that himself an argues tnl
siy War tls Ea H. Sa1 or tSs secretary Of s,.ie and
'ap@'si VA. ~, ~ Of those Gsasnsn .,s .'hs 10 APso 70
h si. service. longer needed certainly
senator soai TO any sId would
read this Senators not as expressing the opinion OF
an individual senator concerning the meaning OF law
that under discussion. d that Is about to pass into
Committee Of Conferenee appointed by this body to see
IL could agree with the House Of Representatives
ioong at language OF this bill looking its purpose
looking at the circumstances under which II was passed
looking the meaning then attached to II by each of the
bodies who asseDted 90 IT, is possible 10 hold that Mr.
act Igui Inn hat : u
tons of this article The first Senators will remem
the article was was violation OF the Tenureo Office act
II is perfectly clear that that Ia not true The Tenureof
removal, appointment, and emoument that may
have been exercised contrary 10 the provisions
in the first place no has been proved They set
out the order OF removal II Mr. stanton had obeyed
Mr.. stanton did not obey It, there removal
70 that quite clear that looking at this sixth section
ttatue, and therefore OF violation by the
moval II must not only be- removal, but il must be
And therefore, you hold the order be effect . re-
moral unless Mr. stantons case was within this act and
unfss this act gave Mr. stanton tenure OF Office his
removal would not have heen contrary to the provisions
of the act But this article as Senator'S will perceive ON
the removal OF Mr. Stanton a violation OF the Ten
tiya has not by ts articles attempted in other words TO
cred mistake into crime have been arguing 10 You
eler idea OF what its construction ought TO |
r,erent IDEA ABOUT it. but tsinf they viii in an
dor admit them that there Is question Of construction
heI and question 10 what the meaning OF tins law
wai question whether IL was Applicable 10 Mr. stan.
tone case. very honest and solid question, which any
man may entertain, and therefore repeat, 10 IN import
observe that the houorabc House of Representa-
tiv,s has not by this article endeored 20 charge the
President with Ag misdcmeanCr because he had failed
IA constituting that Law. Tho House charges him with
Intentionally miacOnstruing H. 50 that ia order 10 MAIN
the substance Of this article without which II was
mo- designed by the House of Representatives. to stand
aD could stand; II necessary FOR the Managers 10
shH that the President wilfuly misconstrued |
this bn That having reason 10 believe, and actually