The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-23

The letter of removal to Mr.. Stanton
was an admission by the President that
Mr.. Stanton was Secretary of War on
the 2lst of February, 1868, but that his
suspension was abrogated by the action
of the Senate, and that then Mr.. Stan
ton, thereby, was restored lawfully to
office. By issuing the order for the re-
moyal of Mr.. Stanton, the President
made an attempt in violation of the
Constitution. This is sufficient to JUS
tify verdict of guilty under the first
article. The right claimed by the Pres
ident to make removals as we'll when
the Senate was in session as during re-
cess, was shown by reference and by the
Constitution to be unauthorized. In the
exercise Of this unauthorized right, the
President, previous to the passage of the
| tenure of office act, had removed hun
dreds of public officers to the detriment
of the public service, and appointed
those who, in the internal revenue ser
vice alone, have caused losses to the
government of not less than twenty-five
million dollars year. For two years
the passage of the tenure of Office bill
has proved Intellectual as complete
remedy, and now the President asserts
his right to violate it altogether and by
his Interpretation of the Constitution
assumes absolute and unqualified power
over all officers in the country.
! The removal of Mr.. Stanton is par
ticular crime of the President for which
conviction is demanded. BY his con-
vicrion the Government will be purified
and restored; by his acquittal the Gov
eminent will be surrendered into the
hands of an usurping and inscriptions
man, who will use all the vast power
he claims for the corruption of every
branch ef the public service and the
final overthrow of the public liberties.
The excuse of the President that he
acted under the advice OF his Cabinet
was cited as not tenable, as he, bad no
right to such advice on anything out
side of their special departments.
The act of 1898 establishing depart
ment Of foreign affairs, which was put
in by the defense, was then considered
and reference made to certain cor
relative documents. The action Of the
Congress of 1879 in passing that bill
developed the fact that that body was
of opinion that the power of removal
was rot in the President absolutely, and
during the session of the Senate it was
vested in that body and the President
concurrently, and the debate then held
and the votes cast indicate that the pow
er of the President to remove during
the vacation Of the Senate was ut best
doubtful power under the Constitu-
! ton.
The practice of the Government rela-
tive to removals subsequent to the pas
sage of the above act was then review
ed, and speech made by Mr.. Johnson
in the Senate in 1861, in which he
claimed that the administration was
powerIess without the concurrent ac-
ton of the Senate, was quoted. Bnt the
act Of 1859 is no security to the Presi-
dent. None of his predecessors, from
Washington to Lincoln, ever ventured
to claim under that act the power to
remove civil officer during the session
of the Senate and appoint a successor,
hence he is held guilty of violation of
the Constitution and the oath Of Office.
The act of February Is, 1895, on which
the President relies for justitica
ton for appointing Mr.. Thomas as War
Secretary, ad interim, was then consid-
cred at length, and it was contended if
that statute was applicable to a vacan-
cy created by suspension or removal,
then the President has violated it by
that appointments; but if that statute is
not applicable to a vacancy 'occasioued
| by o removal, then the appointment is
without authority; but that statute
was repealed by the act of February 20,
1853, which provides tor filling all
vacancies. Under any circumstance it is
apparent, says Mr.. Boutwell,, that the
Presidents conduct finds no support
either in the Constitution in the act OF
1889 or of the legislation of 1895. If the
tenure of Office act had not been passed
the President would have been guilty
J Of high misdemeanor in issuing an or.
der for the removal of Mr.. Stanton dur.
} ing the session of the Senate. He was
} guilty of high misdemeanor in ap.
pointing Thomas as Secretary of Wal
ad interim. His guilt is fully proved
and established as charged in the first
second and third articles of impeach.
ment. The tenare of Office act was
then considered and shown to be in
harmony with the Constitution
aud it's provisions apply to
Mr. Stanton as Secretary of War. This
act merely enacted former practices OF
the Government, aud the chief change
produced by it referred to removals
during the recess of the Senate. The
application of the tenure of office act
To the office of Secretary of War was
enforced at considerable length, and
Mr.. Boutwell, contended that the office
could be only vacated by resignation
or the confirmation by the Senate OF a
nomination by the President, which
would work removal. Quotations
were made from the opening remarks
of the Presidents counsel to enforce
his position that the official term of the
Secretary of War expires one month
after the term of the President by whom
ever, to previous removal by and with
the advice and consent of the Senate.
The arguments ofthe counsel relative
to the intent of the President were
combattcd ut length, the Manager
maintaining that in the wilful viola
ton of the law the President disclosed
Il criminal intent which cannet be quail
flied by any rebuttiDg testimony. He
denied that the President has right
to violate the law TO obtain judicial
determination upon its constitutional
ity as claimed by the counsel, and the
theory that such u course is right is alb
hurrent to every just principle of gov
eminent, and dangerous to the existence
of our institutions.
Articles 4, ), 6, and Z, were then con-
sidered. Article and q are laid under
the act of July 81, 1861, known as the
conspiracy act. An examination of ar
ticles 4 and shows that a substantive
allegation is the same in each article.
The differences being, article changes
the conspiracy with intent by intimi-
dation and threats unlawfully to him
/ Ipr a MI nreyent Sfantnn from bnldiuo