The Portland daily press., 1868-05-28


fully accord with 2. in believing that "the
Republican party never appeared better than
in the Transaction" of attempting the i'm
peacbment of the President. But while he
seeks to vndicate the seven dissentients from
censure leaving all he says to stand, and re
Numbering that they find their reward, CRATE
iul or unSrateful, in the plaudits of every man
mat cordially hates the beneficial re-eslaoiish-
ment of a broken Union on the basis OF liberty
canal RIGHTS and inst laws, wish to vindi
cate the sound reasons the earnest patriotism,
and the judicial candor of the thlrty-tive Sen
ators. whose action the great Republican par
ty have Just endorsed as right
More than he admits | claim, that the whole
proceeding against the President, so candid
on the side of the people, so partisan OH tie
side of the defence, is a noble protest in the
interest of constitutional republican govern
ment, and OF the popular element in the state
represented 10 the national legislature, against
the encroachments of arbitrary executive pow
er; that it is the old cause for which Ppm
spoke and Sydney wrote, and Hampton died;
that it is the same question which shed such
lustre upon the names OF Webster, Clay and
Sprague leading the controversy in the SEN
ate, never so honored, in the interest OF law
and pure administration against the aSsump
tiDns of popular, strong-wiled President, and
which if he were true to all his antecedents
should have attracted the voice and vote of
our Senator
1t is a proceeding which, failing as it has,
for lack of a single vote, perhaps seduced by
bribery, has all the moral force of q sue
cess, and is a much needed reclamation of a
perverted constitution, n notice to old abuses
that their sufferance has ceased, warning to
all tyrdnts and usurpers, whether coming to
power by the grace of God "a popular electlon,o
an inScrutlbe Providence, that they are amen
able TO the people and the law, and new in
dication of the strength, tleXiblity, response
blliiy aud permanence OF Republican gov
eminent
| am the more pleased TO debate this ques-
ton with II, for the reason that he contesses
opinions that harmonic SO little with those
upon which Mr.. Fessenden was led to the de-
plorable conclusion which separated him from
the views of the bulk of his political friends.
For instance, u says: "The civil tenure bill
was a step in the right direction" Mr.. f. says:
that bill did not receive my vote originally,
L doubted its expediency and feared it wonld
be productive Of more evil than good"
q says: Congress is competent to abolish GER
tam offices, and may thus indirectly get rid OF
the incumbents, bit tearing the offices ui3t0ach-
ed can 6y no act Of legislation Udcdte COM
mission and renao0e an officer. Nobody ever
dreamed that such power could be exercised by
the two houses of Congress, Except " L
am glad he excepted me, for | did dream that
Congress some years ago passed an act declar-
ing that certain offices, (al l believe except
judicial offices) then held during the pleasure
OF the President should terminate in four
years,-that such a law still stands on the
statute book, and that an act of legislation
could, and did vacate hundreds of commits
sions and removed hundreds of officers. And
dIeG1'ed that Mr. Fessenden said in his late
speech that the operation of the tenure-ol-ot-
ice act was TO fix the term of two classes
OF civil officers, heads of department ts aud all
other evil officers. If Congress may say that the
ia n n certain nffica Gbal ON tlla first
of June, does not that remove the officer on
that day most effectually?
n declines to discuss the power under the
constitution in the President alone to remove,
but says: "the settled practice of the govern
ment for three quarters of century has left
to the Executive power of removal absolute
ly unlimited" The settled practice of the
government, if it could vary the express terms
OF the constitution, sanctions no such removal
as that OF Stanton made during the session Of
the Senate. Senator Harlow says at is
equally well settled by precedent that the
President cannot make removals except in
pursuance of law during the session of the
Senate. The construction has been so uni
form as TO render it impossible for the learn
ed counsel of the President during this pro-
tracted trial to produce even one well anthem
treated case to the contrary" SO the settled
practice does not cover the case.
The legal definition of an appointment,
where it is the mode of inducing Il man for
ouS HISt titiie iHto Juice, Is I'LL wen enough III
Is necessary to have all done by the appoint
ing power, President and Senate, that each
may do, but nothing more. Such general def
nitions have no applicability to the peculiar
cases of Stanton, Weles and Seward that had
never happened before, and could never hap
pen again. Was Mr.. Seward Secretary of
State after March 2, 1867? A law had been
passed, which Mr.. Fessenden admits fixed the
tenure of his office at some term. 1t could
not react. 1t fixed its term Immediately, or
one month after the expiration Of Johnson's
presidency. If he was Secretary, how was his
authority to be shown? Could it be otherwise
than by the appointment of johnson? But
he has no commission from johnson. True,
but holding commission from Lincoln, good
up to the time of the tenure of office law, the
mere request of johnson to continue in office
appoints him for the legal term then establish
ed by law. If Seward has not been virtually
appointed by Johnson he has not been Secre-
tary of State since March 2 1867, for the 4th
section of the act premises shat nothing in
this act contained shall be construed to extend
the term of any office the duration of which is
fixed by law"
But if Stanton's case is not in the proviso,
1t is swept into the general provisions of the
first section, and being person holding a civ
had right to h61d Till successor $50 WASTE was ne
manner appointed. If the exception to the
general operation Of this clause does not en-
brace his case, the clause itself defines the
tenure OF his office, and his removal was I'M
lawful. Still further, such defence is not and
never has been open TO Mr.. johnson. He I'M
derstood that Stanton was legally in office
serving an uneXpred term, not liable to be re-
moved at his pleasure alone, and so he sus-
pended him under the tenure of office act and
so notified the Secretary of the Treasury and
the Senate. Y