The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-06-19

being no Limitation In ,hs tenure OF tie oHRee.
except the pleasure Of the President for thc
time being. Mr.. Stanton MAS, thsrefUrs, prop.
ery holding ofhse By appointment Of Mr.. In-
coin 70 his second term st his death. He con.
noS upS;r % nsu ;Tss and
non OF Mr.. Johnsou, and. by his adoption and
continuance IN Ofiice, and wss 80 holding n the
passage OF the tenure-of-ofiice act.
Butt is said that II he is to bs REGARDED n
the appointee OF Mr.. Lincoln In his second
term. he 10 stlll not embraced In the terms OF
this cot, ~ that term closed with the death OF
MT. Lincoln, and that since that event ho has
been holding In the term OF Nr. Johnson. Il
therefore becomes necessary 70 determine What
was the "term" Of President Lincoln. Was Il
On absolute period Of four years, or was Il thai
period for which he was elected, OF the period
be held and occupied his officef Was the tern
Of his Office subject,in the language Of the oouu'
sci for the President, to . conditional limits-
toni" The term Of the Presidential office. By
the constitutional IL four years, and that Without
regard to tho contingency OF holding or period
Of actual service. II describes the period foI
which tho Office lasts, and is without Limitation
The tenure Of bis Office Is subject to the contin-
genciea OF death, resignation, or removal; but
that relates to the condition OF actual holding
or period Of service, and Ia no way Affects the
term or period for which As was elected. Now.
the language Of the proviso 10. "shsll hold for
the term of the President by whom appointed"
Mr.. Stanton waa appointed by Mr.. Lincoln.
whose term Of Office was absolutely four years,
under tho Constitution. The statute adopts the
same word term, and this makes the period OF
holding identical with the period Of the presi-
Dental Office. and docs not subject Il to the con.
tlngencies OF the tenure Of bis ofice or the Pc
riod OF his service. -I -
pass the question whether Mr.. johnson Is
or not serving out his own or the term OF Mr..
Lincoln % unimportsnt In the viev taken OF the
question. Their terms Of Office, - period OF
time, we're identical, and whether he is ssrving
ident, npon whom devolve the duties OF tho Of
fee Of President, by death. can have no In
tluence upon the general fact OF what was Mr..
Stanton's term Of Office. In either case his
term would be the same.
But II, As IL contended by counsel for the
President and those who adopt his views, the
proviso failed ~ provide tenure for Mr.. Stan.
ton, he being conceded to be In the body Of the
section. then as to him the words. " except as
feet, and leave his tenure unaffected, and tho
Same as that provided In the body OF the SEQ.
ton for tho description OF persous mentioned.
conclude, therefore. that the act did not fail
L
OF It's object, namely, to regulate the tenure OF
Office OF {" every person holding any civil ofiicc
to which he has been appointed by and with the
sds'oe anu consent OF Ine senate. ,,.i yum.
ctAhWns caSo Whs NO. .eAceP'eu GUY W ns !.
s'onsi us' nue P.os'sS ayes iss. !. !. a ~. !.
!enu,e VI onoe' oss nuo nv', tnen I." ~
that u ~ rcsuia.u as 10 pro.ucu, ~ 'ne U0uy n
tue sec!'Sh ior e.sry person no'uns ".! ~. ~.
once, @c.' ana 'nA' n' 'em''A' o's"'
'%,a'Uh VI tl's .,;, nV'; .,., ao,h,s,i 4, ,ho
,.t S,a a., IN M. u st.n,on,. case and that the
"G. aSs I't ~ snsUs hrs s.,u, IN. oscs nm The OF
T.SU.,, W S.., n .,,.nnt ~, ,Ia nsrt NJ
~. pn. .;dnns whi.s re- ,nirbt Ss,i hs,;s,s bc
III y e,sss y, ..Ia s,hs s,s.mnt IA not
..s.s.s "a ,h.t ~ .o"id ha nm sbuss of nov.
~ :" .s..a,a h;r, S,on, HI h;ch ofBce nm
n.o,'oa. sn .,,oht A' ''''
NV. M 80, S.,,, ,,,,,, h.,,.,. thai hs
S.t IVY t' 49, !. 80 .i..r snJ thst ,hs
,'nt,;s .oIs.' ;,,s,;ssd mi Jsmanjsi ;ts eyer
pp,.o, ~. In .ef,.ad III sssant IN The tsnure.
os'of,ss % act' CT ,ts,inu in hi, MESSAGE. among bis
reasons eIpressed for refusal go to do, that It's
PROVISIONS deprived him Of control over his
cabinet,
Us had ,usnended Mr.. Stanton under its pro-
v;sions-so stated 10 the Secretary of the Treas.
urv. A reouired Inv ,ts provisions, lie had
commun,cated his reasons for This suspension
sgreeahle m the terms of the ACT 10 the Senate.
M bad been advised of the action of the Sen
atc unon that suspension. and of the acauies-
csnca of Cen Grant in i'm determination of the
cs.e ana nal vitncssed tbe return of Mr.. Stan.
tom to bis of;cc and n, duties In accordance
With tbs imnerstive nroy yisons of this act. With
these not. and this knowledge upon the record,
II Ia difficult TO believe that the President was
anting In that measure of GOOD faith and In the
nrasascs anil undsr Tho nressure Of A publio
rrscos.;tv ~L,ch wopld ;us,jfv the defiance of A
isv NJ cyen doub,fuI import: that in this at
tsm,,, to nut ss,ds a bigh officer of the gov.
srnrsrt ritLont cha,oe M misconduc, In Office
III .na. III. nn.no.a hod hecn ovcrruied bv
81. s.ns,. 4, !nhm,t,sJ ,berc r. annarrnt
i.s. ~ d.s;,a 20 oon.nI, ,be ,nhlc ;nierr,ts and
S.;s.n,ii.' -, ~ uo,,o ~. iaw. Than m cYecu,e
u,aI!niuly 10 eaeou.e 'ne ,s"S, ,t,;s LII" a;,sr who
ms own purposes upon . Puono on'e' viz
nau incurIed ms persons, a'sPiess .. & M
u easy 10 adopt the opio,on 'ns. Tug ons.Ses
anu PROOF ih support ol ,neso may PoPeJ w
regarded rs slight or unimpor'aht'
The President may not arbitrarily and with
out cause depose n high public officer with i'm
alton. Wantonly to do II would constitute the
essence Of arbitrary and unbridled rower. and
tend 10 establish that irresponsible license over
the lavs fatal to renubloan royernment, the
6rst annearapce of which demand 10 be rebuk.
NJ ami rs.;siaJ Tho officers And the Office be-
jonr and are amenable 10 the law; they are its
scrsants and mot the "satraps', Of the Presi.
Jsnt' The r;rbt Of removal h not an arbitrary
right In any rsspeo, and subject to removal
hi.".is az psor;J"n, cou,J have no r;rht 10
n,,nsy ."s ,,'o a',s,r..,nant o. ruic sSainst
S;m' mhnh hs souIs aDniw 70 those in his nov.
er % T%s puSiie ,ntertsi' and that alone. must
;nstify The action,
Ths prs.;Jsnt dsc,ares In bis ansvcr that 10
eorlv a. Suru,t Last he had determined TO cause
Mr. Stonton "to surrender his Office of 8, ,cre-
-. ~ S,ho n.nsrsmsnt M war To that end
an ,ha ,o,h nj ,hs .sms month be suspended
NJ ~ s,on' h;s of;ce ..nov m bjs nnsvcr claim
~ n' nSnn ne S a1sr,'.s ~ = no1cr beS,rc nm.
he. . ~ ~ md oe,ssinIy nsvcr beS,re prscticed
or ss.srtsd bv snv Of bis predecessors, namely
the nowsr ~ ,m,nsnd from Office indefinitely,
AMI A. bis nlsasure. mot until meeting Of the
Senate. Ua, ,ncideuI 10 fhe r,oht of removals"
and having 20 suspended, kept that officer out
of his Office and out Of the public service for |
many months, and long after Congress aud the |
Senate hsd convened, aud for. reasons stated In
his uessaae to the Senate, Wholly inadequate,
unsatisfactory, and unjustihable 10 the Jndg-
ment OF that body, and which, u not triring,