The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-10

stance OF this rst article is that the order for the
violation Of the constitution Of the United states
These are the allegations which IL Is necessary
for the honorable Hanagers 70 make out s.i IN
70 question involved here which enters
deeply, as. e. ! .., have already intimated into
two Others, and to that question desire in the first
instance to invite the attention Of the court. That
question Is whether Mr. stanton's case comes under
the Tenure OF ONCE act 1t does not II the true
construction and effect Of the Tenure OF once act,
when applied to the facts in this case include 1t,
when they come to examine this and the other arti.
Giles, that deep, indefaceabe and material wound
has been attempted to be inflicted on the constitu.
ton. l must ask your attention, therefore, to the
question OF the consideration and application OF the
first section OF the Tenure Of Office act 1t Is as Sem
careful attention, and no doubt will receive 1t.
Allow me, In the first place, to read it,
That amy person holding civil office to which he has
Senate and every who shall hereafter be appointed
20
qualified, except az herein otherwise provided.
Then comes what Is otherwise provided
Provided that the Secretaries OF State Of the Treasury OF
r the 81 as So Post Ms
lively for and during the Of the President by whom they
to removal by and with the advice and consent Of the
Here is a section part Of which applies to all
civil officers, as well to those then in office as to
those who should thereafter be appointed; and the
'every such officer s' THAT is, II he is now in oce)
and shall be'' THAT il, If he shall be hereafter APP
pointed to otcel entitled to hold such ofiice until
another Is appointed and qualified in his place."
That is the body Of the section but out of that body
Of the section II is explicitly declared that there is
whom something Is otherwise providedwthat is, a
different rule Is to be made for them. Now, the
senate viii perceive that in the body OF the section
every officer, as well those then holding Office as
those hereafter to be appointed, Is included. The
LANGUAGE is, Livery person holding any civil
by and with the advice and consent of the Senate,
and every person who shall be hereafter appointed,
present.; 1t sweeps over all who are in 9ticei 1t in
cudes them all by its terms, as well as those VITO
may hereafter be appointed; but when you come to
the provso the first noticeable thing is that that
language is not used. 1t is not that every Secretary
OF state or OF the Treasury, or OF War; &c Is to hold
ms oce d aXes rule ior the future only ana the
within that rule is u question whether he comes
within the general description contained In the pro-
viso. There is no express declaration as in this
body of the section that he is and hereafter shall be
him within the body 'e Of tie proviso, except
the description; and the question is whether
the proyiso contains applies TO and includes this
State the Secretary of the Treasury, &C.. shall hold
their offices respectively for and during the term of the
President by whom they may have been appointed
and one month thereafter" &c. The first inquiry
which arises on this language is this as to what is
meant by 'for and during the term Of the President
Stanton appears, by the commission which has been
put in in the case by the honorable Managers, to
have been appointed during the first term Of Presi
dent Lincoln, in January, 1862. Is this part of the
language "during the term OF the President by whom
Stantons caseq That depends whether person ex
pounding this law udicay has any right to add to it
"and any other term for which he may afterwards be
elected" BY what authority short of the legislative
power can these words be added to the
statute "during the term the President ~
Does 1t mean any other term or terms for
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fully submit that no such judicial Interpretation
be put upon the text. At the time when this order
was issued for the removal Of Mr.. Stanton was he
holding the Office during the term OF the President
by whom he was appOinted2 The honorable Mana
gers say yes BECAUSE rs they say, Mr.. johnson Is
merely serving out the residue OF Mr.. Lncolns
But Is that under the provisions of the cOnstiu-
ton OF the United statess ! pray you to allow me
cable to this question. The first Is the first section
OF the second article of the constitution, which SAYS
"rhe executive power shall be vested in President
OF the United States of America He shall hold his
oflce during the term OF four years, and together
with the Vice President chosen for the same term
be elected as follows" There Is a declaration that
the President and Vice President each respectively
to hold his office for the term Of four years; but
that does not stand alone. Here qualification 81
that statement-"In case Of the removal of the Pres
dent from ONCE, or OF his death, resignation ina
bity to discharge the powers and duties Of the said
Office, the shall devove the Vice President
so that although the President, like the Vice Presi-
dent IL elected for the term Of four years, and each
is elected for the term the President not to
hold his oiicc absolutely during the four years. The
limit Of four years Is not an absolute limit There Is
conditional limit, as the lawyers term 1t, imposed
and when, according TO the second passage, which
have read, the President dies Is removed then his
term OF four years for which he elected, and dur
ing which he was 10 hold Office. provided he should
so long liye terminates, and the Office devolves on
the Vice President. For what period Of timer For
the remainder OF the term for which the Vice Presi-
dent was elected. There Is no more prOpriety under
TINS provision OF the constitution OF the United States
IN calling the time during which Mr.. Johnson holds
the ONCE OF President as it was devoved on
HIM, a part Of Mr.. Lnc0n's term than there would be
succeeds to another sovereign by death holds
part OF his predecessors term. The term assigned
by the constitution was conditional assignment. 1t
was to last four years. II not sooner ended; but IL
sooner ended by death, then the office to devove
the Vice President and the term Of the Vice Presi
dent to hold Office then began. I submit then, that
on this language II Is equally apparent that Mr. Stan
toms case cannot be considered as within this act.
This law, however, as Senator'S very well know, had
purpose; there was practical object in view, and
however clear 1t may seem that the language or the
law, when applied to Mr.. Stanton will exclude that
can he disclosed, and that purpose plainly required
a different interpretation that different interpreta-
purpose that was in view is one which requires this
Interpretation to which ] have been drawing
your attention, then 1t greatly strengthens the
the act ITSELF but the practical object which the legs
lation had In view OF using that language, requires
this Interpretation Now, there can be no dispute
concerning what that purpose was as suppose here
IL peculiar class OF officers singled from all others
and brought within this purpose. Why Is its II is
prcipa officers In the several executive departments
may be called upon by the President for advice re-
spccting-that is the language OF the constitution
respecting therseveral duties-not, as read the con-
stitution that the President may call upon the Sec
rotary OF War for advice concerning questions arising
in the department OF War, but that he may call upon
him for advice concerning questions which are q
part OF the duty OF the President and which
touch his duties well as questions
that belong TO the Department OF War
Allow me to see II that Is not true Interpretation.
The language OF the constitution Is that the President
may require the opinion In writing OF the principal
officer Of each Of the executive departments on any
subject relating TO the duties Of their respective
Offices. As read 1t, II is reating to the duties OF
the Office OF these principal officers or relating to the
duties Of the President himself" At all events such
was the practical Interpretation put upon the const
tuition from the beginning; and every gentleman
who listens to me, and who IL familiar at all with
the political history OF the country knows that from
early period OF the country, in the administration
Of General Washington his secretaries were called
upon for their advice concerning matters not within
their respective departments and so the practice
has continued from that time to this. This Is what
.Ats.a tnhA MI