New-York tribune., 1868-05-18
PRICE FOUR CENTS.


last when the President issued the order for bis remoyf
Originally appointed hold Office during the pleasure
OF the President for the time being and as has areahy
been shown removable at the viii OF the President ae-
cordng 20 the act Of 1889, there would 10 be no
right TO issue the order for his removal I has however
been nsstedsthat II the proviso which secures to the
ing the term OF the President by whom they may have
@ RStn PBGGte' Mr. had iGT Sne Sao %
dld not appoint him, and then, a. q riyn oihcer;
the act and entitled to hold his office until by and
with the advice and consent OF the Senate successor
shall have been appointed and duly qualified Not so;
for the that the body of the first section can have
no reference to the tenure of an oee expressly excepted
from II by the words except as herein otheryso pro-
vlded," and the provision which follows, hiking
different tenure for the Secretary OF War Can any one
doubt that the law intended TO make and does make
distinction between the tenure of office given 10 the
Secretaries ana that given 10 other civil oiiessi Hon.
then be said that the tenures are the same on tho
same as to any particular SecretaresI
would be r. instead Of the words person holding
any civil Office there had been inserted the words mar
ard fixing the OF all other civil officers except the
Secretaries, and then had proceeded To luncate the
different Secretaries and FIX for them different tenure
from that given to the other enumerated officers Had
the section been thus given would any one think IN case
unable to avail himself OF tie bcneft Of the law
securing to Secretaries certain tenne OF oh.e inat
law in which Secretaries we're not mentioned securing
to marshas and Others different tenure CT object
The object Of exception proyso in statute Is e.
limit take something out OF the body OF the act and u
usually re5orted to for convenience as brer mode Of
declaring the object than to enumerate eveTylDg EN-
braced in the general terms Of the act and chen provide
for the excepted matter The faet tat e erus OF tue
proyiso which fix the enure-ofofce VI Secretaries are
such that particular Secretary for reasons personal &c
himself cannot take advantage OF then does ot operate
to take from the proyiso the office OF Secretary and The
tenure attached TO it, and transfer them 10 te body Of
the section which provides tenure for holding office
from which the office Of Secretary is expressly excepted
But even different construction could he put upon
the law could consent to convict the Chef Mag
istrate OF great people Of high msdemeano ard re
be admitted TO be doubtful statute ana particularly
when the msconstructon was the same pat upon 1t W
the authors Of the law at the time OF ilS passage.
The second article charges that the President in viola
ton OF tho CONSTITUTION ana contrary 10 nc ienn.i
Lorenzo Thomas letter Of authority enpOWtfng im to
act Secretary Of War at interim, there beng 30 VA
cancy in the office of Secretary Of War There nothing
the Tenureof Office act, any other statute prohibit
Ing the issuing of such "a letter. much tess making It
crime or misdeIneanor The most that De sad that
it issued without authority OF law. TAe Sebafe
is required to pass judgment upon each article sspa
rately and each must stand or fall by itself There
is allegation in this article Of any design az
attempt to the letter OF authority, or that any
harm came from it; and any Senator .Iigitt well
hesitate 10 find the President guilty OF hsl misde
meanor for simply issuing such letter. atLoYgh issued
without authority or law. Inc PROOF, b0WGf'i' SHOWS
that the letter was issued by the President m
with the order Tor the removal of MT stanton Rheh hs
has already been shown, was Valld order Ihc Hne%
On then arises whether the President guilty Of
high msdenadnor IN issuing to the Adntahtenelal q
the Army letter authorizing him. in view 0f TIE eonie
secfetary Of Mar 1t has been Insisted that asinuch as
under the act of 1889 the President had no authority &c
ary OF War than officer IN that on some OF me ether EN
eeutiye Departments ana tneh III ease ., g'g ,osnP
his designation OF the AdjutantGeHcral OF ne army u
%hcnt authority If the act Of 1853 repealed The aei of
11g5. this would doubtless he so bat 1t ad Tot repeal
t tnen the President clearly had tho right under that
act which provided for the temporary discharge Of tho
duties Of Secretary OF War IN any vacancy, by any
dIsehafge those duties The law OF 1893, embracing
as it does, all ihe departments. and contain
ing provisions from both the proYons tialniesi
may, however be construed to embrace the whole sub
tect Which it treats and operate as Tepea! u an prior
laws on the same subject IL must however le admiied
that it ia by meaus clear that the act OF i does re-
peal much OF the act Of l95 authorizes tie rsi
dent to provide for the temporary discharge oi to dncs
Office from which an incumbent has been removed
the regular appointment OF successor IL has beer
argued that tic Tenureofoice act Of March . Iss7.
sDnO5Og o the DobsS '%TPrTg T. r 81 eSSS
misappreheusion. The eighth section of the Tenureef
Office recognizes that authority by making 10 the duy
notify the Secretary Of the Treasury thereof aud II any
OF the secretaries were 70 die or resign tomorrow,
Of the Departments to temporarily perform INC duties Of
questioned THIS would not DC inc apponimem oi
an officer while the Senate was IN session without
its consent, but simply directing person already IN
cecdng six months, the duties Of another Office not
then hled IL is the issuing of letter Of authority
IN respect 70 a removal, appolntiheh OF eHl.ymehl
contrary 10 the provisions of the Tenureo Cihce act
removal OF Mr. Stanton has already been shown
not have been contrary 10 the provisions 81 this
forbidden by the sixth section thereto. Admitting,
pTessy authorizing the President to Ges raie o
Adiutant-Genera OF the Army temporarily 10 die.
charge the duties of the Office Of Secretary o Var made
vacant by removal. till successor whose domination
proposed the next day could be confirmed does
Follow that he WAS guilty Of high mlsGo'neanor IN
making such temporary designation when there Do
law making it penal ofense prohibiting H. Prior To
1863 as Mr. Lincon's message shows, there no law
authorizing tSse temporary designations IN aEy other
the three Departments OF state, Treasury and war
and yet President Lincoln himself on the 22d % septen
ber is62 prior any law authorizing IT, ssued ia. fol-
lowing letter Of authority appointing Postmast'rGen
hereby appoint John skinner nov Acting r Assistant
Postmaster Gsaer, to be AclnY Pos,ssss Sse's a% ~ >"
TosifSgoa sept e. 1867 AsKArAm LrScorN
To provide for temporary disabilities vacancies
the Navy Department, and for which law at tie time
existed President Jackson. during hs administration
ptaS TeSfes Sc" Of the Navy al i1 sa aa GS.
designations in the Navy Department were made BY
and Others and these appointments we've made Indis-
crmnatey during the sessions OF the senate ~ w"l as
the massage by the Senate, before the Impeachment
articles we're found by the Honso Of Representatives,.
oi f,4 so 30 ne pGs, tted sa, Tia, soder e cou
Ion and AVS the United power
Secrss War erddesiGuae any other oer 1o" Ne d'sA
as II senators sitting as Court on the trial Of The Pres
dent for high crimes or msdeneanors woud feel bound
and hastily passed before adjournment OF tie day
the Orderst Stanton and Thomas were Issued Let HIM
who would be governed by such considerations ~ passing
the guilt or Innocence VI the accused arc n9' ~ me
law and the facts they have been developed on the
no honest man could 1t is known however ia, ihe res
coupled the things, the removal OF ihs see'e
together, that those VINO believed either without
thortty were compelled TO vote for the resolution
Ny understanding at the time was that the act ef 1855
repealed that OF l7g5 authorizing the designation 81
Secretary OF War cd interim IL the place OF s.sreay
President I'd not TO remove e Secretary Of War
ipg thar tie facts charged against the President m the
second article in respect contrary 10 any provision
S se and are not forbidden by any statute
that IL is .5 matter Of zds great S dS96' whether
auth