New-York tribune., 1868-04-23

er aforesaid that is, by temporary appointment ior
that he suspended Mr. Stanton from the office oi SEC
retary Of War the 18th Of Au.yst last mol ,D Dy
under power incident 10 the general and ullimtea
power OF removal which rs he claims. h vested IN ta v,
President Of the United States and that from the s
August last r stanton has not been entitled to The once
OF Secretary for the Department OF War he sspeuou
noy1i then his suspension upon tie PRESIDENT theory,
created vacancy such AS l. claimed by the Pnslnet
under the statute OF 1905 The suspension OF Mr. sloa
put him In such condition that no could not perform m
the duties OF the office" The President claims 40 W
have appointed Gen. Grant Secretary OF War an Wdn
on the 18th OF August last by virtue of the statute m 10
The provlso Of that statute declares that yacahy shan
be supplied la manner atoresa dhat by temporary ~
pontnieut) for longer tern than siX months ~ lo he
Of 1875 were In force and the psenls ac were re-
a valid theory, tho six mouths daring which the 'ahcy
might have been supplied temporarily, expired by na
ton on the 1?th day OF February 1861 and yet on the 2st
day OF February. 1865 the President appointed Lorenzo
Thomas Secretary OF War ad interim to the same vacancy
and this In violation OF tho statute which he pleads ~ s
own defense IL is too clear for argument tnat Mr.
stanton was lawfully suspended. the President a1w
act then the socaed restoration Of Mr. stanton on te
I3h of January waswhoy Illegal But II the siat,e VI
1875 applicable to vacancy created by SUSPENSION OF
removal then the President has violated 1t " ie hp
pontinent OF Gen Thomas Secretary Of War dd WeTn.
Aud II the statute OF l795 is not applicable to VScay any,
Occasoned by removal then the appointment oi % urn:
Thomas Secretary of War I'D intim Is without authority
OF the color Of authority Of law. . 81. .Ht
The fact s however that the statute of repealed
b. the operation cf the statute Of the 2Oh OF February
1853. (5tat. at Large, vol H. p. ESQ., . -.
II Senators win consider the provisions OF the statute
connection with the power OF removal uDutr e
Constitution during session Of the Senate by ana wi.
the advice and consent OF the senate ana the theh recos
nzed power Of removal by the President during recess
OF Senate to be filed by temporary app9lntmen5+ as
was the practice to March 2 iSo Gsy S ednd MD
possibly arise IN the public service I...
The act OF Feb. 90 1868. provides:
.rn%eoi or seias E,eus Department the Gov
sdnipen. a%Sn' II 10, q Che bead thereof Ty @ ~
duties Of t,' red o ,hs be lvfl Tor the rrr,e1. t
other kIecuiye Department OF other ofeer 10 either OF l %
stG Tsy fSe,s s p % ,5s ss respective % . Until
,ppou-d until such absenr OF inability snail cease FGeSd hn
aforesad
than sI months
Provision was thus made By the net OF 1863 for filling
IL is necessary rule Of construction that all previous
making ohor and different provisions Tor inc hi
statutes and for the plain reason mat " Is lnco
sstent with theory OF government tbat thets so9
I've two legal modes IN existence at tie same time Tor
If The view have presented be sound one. It is ap
apparent that the Presidents conduct nds no support
either In the Constitution, in the Act OF 1882 or 10 the
legislation Of l7a5, on which nc ehey relies as uS v
Gd interim. It follows, also, that II the Tenureot0hce
net had not been passed the President woulu nave t
for the removal OF ar stanton nom Office during the ses
Of e Senate in violation o tbe CONSTITUTION ana O
rory ~ War adj Tiern and This whether tho Act Of
the IJth OF February 1895 IN force, whether The
same has been repealed by Tie statute O lS or ahhueu
and rendered obsolete by the Intervening legislation OF
the country His guilt Il thus fully prov cd and esieb-
shed as charged In the FIRST second aud third articles
Of Impeachment exhibited aeaGst him by ne non;s OF
Inents consuonaity OF the Act regulating Tie teh-
ure OF certain civil offices.
pass now 10 the Tcnure-of Office act. preface what
say by calling TO your attention that portion Oh
ny ny th a as was sbe The opinion that
tho President had no right 10 make any Inquiry Whehct
nm act OF Congress is or is constitutional That
having no night TO make such Inquiry lie could not plead
that ne had inquired aud reached the CONCLUSION that
tbe aet inoured about was unconstitutional You will
ala haar I'M m
take notice OF any agnmsit or suggestion that
law wiIniy viola'SH ia @ Dy anv no. m dis
regarded law and In the nature 81 The case can pe
no excuse or defense tat tuc law ID Hs oPou or in
the opinion OF Others, not IN conformity with the
In This Connection. desire to call your attention to
suggestions mnde by the President and by the President
IsG7 aud 6y the Presidents counsel IN his opening aTgu-
ment~that II Congress were. by legislation to abolish a
department OF the Government or 10 declare mat o
President should not be COmmaDdern Chief OF the army
or the navy that II would be the duty of the Proi-
dent 10 disregard such legislation. These are extreme
cases, and not within the range OF possibility.
an oath TO support the Constitution Of the United
OF argument. that they would vantoly di.regara ,h.
obligations Of their oath aud enact I, tle form Gt law
such Is Of the Of legislation ard such Il not ne
regulating the tenure OF certain civil Offices passed
by constitutional majority In each of the Two Houses
sentative who gave il his support did 30 IN belief that
ts provisions IN harmony with the provisions 0i Tue
ana conducting the oyernnen, within the Constitution;
and in reference to measures passed by Congress under
President 10 suggest the course that, ia his opinion,
he would be justified In pursuing u Congress were
tOn and naugurato revolution In the Government IL
asserted by the counsel Tor the President that ne tooX
advice as the cOnsuOnality OF the Tenure oil once
act and being Of opinion that II was uEcOusiut0n or
much Of at least rs attempted to deprive HIM 81 the
power Of removing the members Of the Cabinet no ielt u
To be his duty disregard its provisions; aud the ques-
ton is put with feeling aud emphasis whether t1e
President Is TO be impeacbcd, convicted, and re-
moved from Office for mere difference OF opin.
ion. True. the President is not 70 DO removed for
telf with opinion that the law was unconstitutional,
with the expression OF such an opinion privately
or officially to Congress, exception could have been
taken 10 his conduct But he has attempted 10 aet IN
accordance with that opinion and IN nat acton ne Has
this action that he 10 be arragned nnd Is 10 De CON
yiced But Is not necessary Tor qs 70 resi- upon ns
the law as constitutional and govern himself hceorg
the law is In truth in harmony with the Constitution. and
that It's provisions Apply to Mr. Stanton as secretary Tor
The cnureof Office uet makes no change the powers
OF tho President and the Senate during the session OF inc
f5e Presden and continuation by The senate of sue
This was an admitted constitutional power rom
the very organization Of the Government while the rght
now claimed by the Presdant 10 remove civil oihcer
during session Of the Senate, without the advice ana
consent the Senate asserted by any Of his
by any practice This rule applied 10 heads or depart
lnents well other civil officers Indeed, It may be
said ALL that the tenure by which members OF
the cabinet have held their places eorresponds IN every
particular the tenure by which other civil officers have
have held theirs II Is undoubtedly true that. IN puc-
tce members Of tho cabinet have been accustomed to
tender their designations upon suggestion from the Pre-
sdent that such would be acceptable TO him. But
this psactce has changed their legal relations TO
the President to the country. There was never q
moment OF time, snce the adoption OF the Consttu.
tOn law the opinion OF the SenaeIrecognlzed
the night OF the President 10 remove Cabinet officer dur
ing session OF the Senate, without the consent OF the
Senate gwen through the confirmation OF successor
Hence In this particular the TenureOO Office act merely
enacted and gave form 10 practice existing from the
foundation Of the GoyenmeD-a practice In entire har-
mOny with provisions OF the Constitution upon that
subject The chief change produced by the Tenure-of
ONCE had reference removals during the recess OF
the Senate Previous the 2d Of March, 1867, has
been already shown the practice OF the President