The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-06-05
ton Of these claims, but constant protest
by all parties In their turn, against them.
An IN thu sr,nnoaoi .a.o i,iar hu iLc

tlOn Oi tneeo claims, nut constant prote'
by all partirs In their turn, against them.
As to the supposed recognition by th
laws themselves. anda practice under them
selves, and practice under them, u nee
only bo said that the whole course OF legi.
Intion, comprised In moro than twenty stat
utes, has until 1863 authorized the Presider
to mako removals; and hence they furnis
no evidence Of his powers, independent
ofthe law. hut the contrary. IL needs n
argument to show that what the laws hav
authorized they may forbid. No law ca
become 80 old that the legislative powe
cannot change It; and even as to Legislative
construction Il 10 the same. A later Con
gress has Just as much power in That rc
spect AZ an earlier.
The scts Of 1902, l7s5, and 1863. relat
ing to adj interim appointments. which hav
always been acquiesccd In without question
from any source, are decisive utterances, o
far a. legislative action can possibly bo %
Of the power pf the law TO regulate the *
ercise Of powers and duties expressly con
ferred by the Constitution upon the Prcsi
dent and Senate. Our own stntutes an,
those Of all States having written constitu
tions are full OF similar or analogous instan
ces.
Cun Il be said, then, that where the let
ter Of the Constitution Is silent upon anoth
or branch of tho mIne subject tho law ha'
no power to speak, aud that behind thai
veil Of silence sleeps kingly prerogaiiv'
of the President?
Tho net Of 1863, provided for a na,iona
currency. expressly declared that the Comp
troller tho Currency should hold his Of
flee Tor FIVE years, and should not be re
moved without the advice and consent o
the Senate. ltwas passed by votes irrcspect
i've 0fparty cssceiving, among others, thai
of the honorable Senator oil Wisconsin who
sits farherest from me. MIR. Doolittle,.
without any objection from any source tc
this feature oft. The law and praiice o.
the Government were thus changed and In
that instance restored to the letter and true
spirit Of the Constitution, with the c0ilcuE'
rence orall parties, full five years before
this case arose. And, as have said, SUBJ
stantially, and, indeed, identically, tho same
principal was, with the official approval ol
the respondent himself, applied to military
and naval officers by The act ofJuly l3, 1866
relating to the Army. prohibiting their re.
moyal without the sentence Of a court.mnr'
iial, which power had been exercised dur
ing The war under the authority Of law, and
not under claim Of prerogativc. (Act o
July " 1862
Tho judicial decisions and opinions
touching this subject support the came
view.
Marbury W.. Madison,i Cnnch, Is as un
derstand Il. expressly IN point; and In th'
late case of MIR. Guthrie. III How,) tho
only Judge whose jurisdiction made II prop
or for him 10 speak, upheld tho Same doc
trine.
For these rrnsons. and many others that
the time docs not premit me to suite, ] con-
clrnled thu tlfo act OF March 2, 1867, !:
perfectly constitutional. .
Does ihanot apply to tho case OF Mr.,
Stanton, and fdrlil his removal at the will
Of The PySden,2 u..
Il Is COZ sied.il,at tho lcn,ling clause ol
the srctioii Woes include him, but II Is claim
ed that he Is taken oiit ofit iy a proviso
which not only effccts that, but which also
excludes him from the proviso itself or fail'
to mention him ut all In constructing stat
u'o il Is always necessary to look at the
whole scope Of the law in all its sections
and Mt the stnto Of fact existing at the time
Of its passage, in order to make proper
application or the law, and tosearch through
the language Of the act for the design to
which il wns devoted. t
These facts ure that Mr.. S,Rnirn MAS the
Secretary Of War, subject to rrnpval from
Office under tho actof 1889 at the pleasure
Of the respondent. On tha, state off facts the
proviso said that. "the Secretary ofWnr,"
&c = shall hold their Offices, respectfully
for aud during the term Of the President hy
whom there iilny have been appointed, '&c.
Now, rs Mr.. Stanton was then Secretary oi
War, lie must be The person included in tha,
description. That Sccrctnry is with the
otllcis)by name the very subject Of which
the Iroviso speaks. And It will l,o noticed
that the language as to the appointment is
in the past tcnse,' may have l,cen appoint.
ed are the words. That the proviso 'leclar.
ci something touching the tenure of Mr.
Stanton cannot truly bc denied. Hut ifii
did not declare anything as to him, then
confessedly, the leadng and sweeping open.
ing clause embraces him, for then ms to him
Il Is not ''olherwise provided" Having as.
certained, then, that the proviso speaks Of
Mr.Sianton, we find that 1t says thnt he shall
hold his office, &c, for a described period.
These words. il will be seen. apply only To
the future, and import, iflanguage has any
meaning. that he shall, after the passage Of
the net continue and remain In Office by
force Of the law. The respondents co,in-
sel insist, however, that the real meaning
of this language is (ifnrpllcntle TO lim) tlni
he shall not hold the Office at ull.
u, us we have shown, when the act pass.
ed ho was the Secretary Of War named In
aud affected by the proyiso. the question Is
was he on the 2ls, day Of February, 1868,
holding Office in the same wny and under
the same tenure that he was at the passage
of tho net. which said he should hold and
not that he should not. II Is not disputed
that no was. Was lie then ut the passage
Of tho act holding his office "dnring tho
term Of the President hy whom lie was ap.
pointe,l?" Tie was appointed by President
Lincoln. Then was March 2, 1867, the
time Of the passage OF Tie act, during tho
term Of M. Lincoln, who was. ." FIR ms re.
ln,es to Mr.. Stanton, the President named
in the proviso3
The Constitution says the President
'tshnll hold his office during tho term OF four
yenrs," and tIla, the Vice President shnll be
"clioscn for the same term II creatcsnnd
permits no olher term or period whatever,
hut provides only in case Of death, &C., for
the devolution oi 'tlutics" or ''Oftice," not
the term. upon the Vice President
Mr.. Lincoln began n regular term on
March 4, 1864 and died in April of that
year, when The otiire ,IevOlved or the ro'
spondent. Now, tho respondent hecnms
thereby invested with constitutional
.term" Of his own as President, he must 'e
in for iour years from April IS, 1865, which
is no, pretended by any one. Hence he
must take the Office for tho unexpircd icrlrl
Of Mr.: Lincoln, his predecessor. Il was the
Office md not tho term, which arc distinct
things. that MI. Lincoln held when he died
The Office did not die with him, but suryiy'
oil In oil It's current intensity and force to lih
successor. the respondent, n,ens,lred BY pro