The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-04

section reported By Mr.. Beuton h 1884, 80
passed to second feadiue il ~ 49, |
After much discussion, The bill pe1sd yas
Senate, 81 yeas and 10 nAysSen aarnSes s. ~
thirds vote. Thus Il vonid see9 ~ we
ablest men OF that day, q boin RSssslee. psx-
,;.s srh.c,;had Is 4he popsb q Cdn61e0 ~
limit and control u Prsai6 ~ H. ~ fenoy.
ii from Office. I.
mower ID Congress uiIl - foun1 y 49, =! /
February 25. 1865. providina Tor . ee
currency and the ofkee Of csmptJoijses
ute q large. vol. II, p. ooo. Ms contIoss
4ssh she spYesne1sss - -. sesne = 49,
officer. ena.ting that be shapl be appointed
% the noninsaica % ne Secretary q NE
Treasury, 81 and with the advics and con.
sens 81 ths eensse; md shall hold his odiesl
for The term OF Ave years, unless sooner re-
moved b. the President, By and With the Cd
yice and consent ofthe Senate. This vas
mechanically re.enacted June 8, 1854, with
the addition that s.he shall Be removed upon
reasons d b eomsmspicsted u tho 9 male. /"
Wheta vsrS Shxiih1t ge4slebeh nhs1s in
both houses. Who now 90 denounce the pow
er of Congress to regulate the appointment
and fsmqyal pt oikeers By tht Pfesidsns =
unconditional?
Il will be observed that The Constitution
makes no difference between officers Of the
army and navy and officers of the civil ser
vice, % far @ their appointments and cnm-
mission, removals and disnisssls, are con-
cerned. Their commissions hare ever run.
ssto hold office during he pleasure Of the Pres
ideat; y yet Congress By the act of ! 7th July,
1862, Statutes At Large, volume IL, page
596,l enacted that the President OF the
United States be and hereby il authorized
and feqsested to sdsssiss and isckargs tfon;
the miiimg services, either q the army, my,
marine corps, OF volunteer force. m me oh'-
ted States service, any officer for any cause
which, in his judgement, either renders snch
( Officer. unauiishls for, or vhose dismission
wSuM proasete lAs public service. +"
WI ,waa n N feelefyto aulhofizsthe PRS.
id4nEso : 20 y kehsashs ConsaisstioaAl
power TO dismiss military officer at pleasure?
and his powers, Whatever they are, as - not
doubted, are the same Is in q civil Office.
The snsver "a this suggestion may pc thAs
this oct vas simply ons Of supeserossfionf
only auehorisink him I'd do What be wS IN (
powered already to do, and therefore not
specially pertinent 10 this discussion.
But on the 18th of July, 1856, Co1gress en-
acted shat M off Ger In the military or nav
al service shall. in time Of peace be dismissed
from service except upon. and ~ pursaanee
Of, the sentence OF q eourt-maftiai to that ef-
feet What becomes, then, of the respon>
dess,a objection that congrsss can not regu-
late his power of removal from Office? In the
snow. storm of his vetnes why did no Make
light down on this provisions 1t concludes
thegwhols question here At issue. /, is APP
proved; approval signed Andrew johnson.
rHE CIVIL TENURE BILL AND Na. STANTON.
1t will not be claimed. however. If the Ten
ure of Office act is constitutional land the
question shall not argue, EXCEPT az has been
done incidentally for reasons hereafter 10 be
stated that he could remove Mr.. Stanton
provided the Office Of Secretary of War comes
within its provisions, and nne claim made
here before you, by The answer, is that the
Office is excepted by The terms Of the Law.
OF course shall not argna to the Senate.
composed mostly of thuse who passed the bill,
what their wishes and intentions were. Upon
that point / can not aid them. but the con-
strucIion OF the act furnishes few suRges-
tons. First let MS determine the exact stat
US of Mr.. Stanton at the moment OF its pas :
sage The ans ser Admlts Mr.. Stanton was
appointed and commissioned, and duly quail
ifis d, As Secretary OF War under Mr. L,ncoln,
in pursuance OF the act of 1883. In the alb
senee Of any other legisla,ion Or action of the
President. be legally held his office during
the t-rm oil his natural life. This consider
alton ia an answer 10 every suggestion as TO
the Secretary holding over ffom one PresI-
den.ial term to another.
On thu I'd Of March. 81, theItenure OF Office
act provided, in substance, that all civil Off
GERS duty qualified TO net bJ appointment,
with the advice and consent Of the Seuate,
shall be entitled TO hold sudh Office until q
successor shall have been mi Ike manner ap-
pointed ana duly qualified, Except as herein
otherwise provided, to WI f'Provided thst
the Secretaries shall hold their Office during
the term Of the President by whom they may
have been appointed. and for one mouth
thereafter, subjec, to removal BY and with the
ad vice aud conseat of the Senate