Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-30

n
to the collec ion Of revenue Here was q tenure,
0ds 0oee st act tS rsn0Ia Oy one Of the greatest
cur to Congress then that it had not the power
to regulate the appointment to and removal
from Offices Further acts of Congress relative
TO appointments to Office were quoted.
On the 18th of July, 1856, Congress enacted
tSat no person in the military or naval service
should be dismissed, unless by sentence of
court-martial. Here was a distinct right Of
Congress to regulate appointments to ONCE,
as he had signed the bill Why did he not
think Of this in the snow storm Of his vetoes In
March, 1867, the tenure -of-aot was passed
ny congress. Under whose administration
was Mr.. Stanton serving when the bullet
of Booth made the proximate cause of this trial I
Was not Mr.. Stanton now serving out under
the term of Mr.. Lincoln 7 Was not the
spondent serving out the unexpired term of
Mr.. Lincoln II this was not the case, and if
The respondent proved it was not, then, under
that very tenure-of- Office act, he was guilty of
high misdemeanor, and all the House had TO
do was to report another article Of impeach-
ment.
If the respondent betrayed the great party
which had tlected him, and wanted to restore
rebels to power, than was il not Mr.. Stanton's
duty to r. main at his post, to continue to re-
man at it now in defence Of the Constitution
jority Of the American people The act of the
respondent in suspendIng Mr.. Stanton
last August was ostensibly under the
IHIe Se1ieTea ,nn, % sma Umce eo,a act h, and d, ne
make a tool of the Senate, and does he not ad-
nit afterwards that he he acted under that act
SO far as it suited him. II Andrew johnson
had committed no other act this was sufficient
to place his character in letters of living light
before the country, to show his moral turpi-
tude. Instead of coming out boldly and doing
what he had TO do in the face OF day and openly
he resorts to all kinds Of supterfuges.
Mr.. b. then referred the act Of 1868, allowing
the Executive to temporarily Designate the
head OF a Department in case of sickness, death
resignation rsiY y,,pu bS
also referred to other acts, bearing ON the same
subject. But in all these acts, from 17S9 down,
there had been no provision allowing the Ex-
ecutive exclusive control over removals, and
tLis is sufficient evidence of the legislative
construction of the Constitution, that it did not
allow the Executive the absolute power Of re-
moval. The appointment Of General Grant as
Secretary ad tnteum was legal.
1t being conceded that the apr ointment of
Thomas was in direct violation Of the tenure
oSn.on 1ss from Ssing wss 40 Apdrew rev
crimes and misdemeanors. We (the Managers)
claim that any question of the constit tutionality
Of the tenure-of office law is totally irrrllevent
during the course of this trIal. His right TO
judge Of the constitutionalty Of any law ceases
the moment his objections to it are sent TO Con-
gress, considered, and the bill passed over his
veto. Then be is as rgidly bound by IL as any
one. 1t may be said that he can resist at his
peril, SO he can, and the peril is impeachment
In reference to any decision of the Supreme
Court, that court has never but on three occa-
slons given decisions in reference 10 acts Of
Congress affecting the general welfare impugn-
ing their constItutionality. The three cases
Were then quoted. But he feared turning to
the Chief Justice) that he was treadIng on dan
gerous ground. He asked Senators would thew
allow any question Of the constitutionality of
this law to enter into the trial Of an Executive
officer who wllfully violated in advance of any
decision by any court 1t may be contended
that he suspended Mr.. Stanton to test the con-
sututonality of this law, bu- we will show that
this is a subterfuge. For one year he made no
- a. a a wv 40 1u ral
the General OF tbs Army his purpose to violate
il. He attempted TO reduce the commander Of
this Department from his allegiance to the laws
HOUSE OF RRPREsKNTATIvEs.-U the
call OF States for bills and JOINT resolutions
for reference only, the following were intro.
dueed and referred to the Committees desig-
mated, viz:
By Mr.. Eliot Mass BILL relating to engi-
neers at the United States Naval Academy.
Naval Affairs.
BY Mr.. ChsrchilI IN. Y.)-Bin to amend the
acts relating TO the election of President and
Vice President of the United States and desig
mating the officer who shall act in case of the
death or other inability of the President or Vice
President. Referred to committee on Judiciary
The bill provides that In case Of the death,
resignation or inability OF the President or Vice
President Of the United States to perform the
duties OF their Office such duty shall devolye
upon the President Of the Senate pro tenn; and
then the Speaker of the House Of Representa-
tives; and il there be no Speaker of the House.
then the Chief ustice of the United States shall
Tor the time being, act as President until the
disability shall be removed. The bill further
provides that in case Of a vacancy occurring in
the office Of President elected by the people
IL months prior to the time for another election
the Secretary OF State shall notify the Cover
nors OF the several States Of the fact and an
election shall be held for President and Vice.
PRESIDENT in the ensuing November, and the
term Of the President then elected shall COM
mence from the 4th day Of March next ensuing;
provided, that at least 60 days notice Of such
special election shall be given.1
MIR. Churchill also introduced bill 10 amend
the pension laws. Referred to COMMITTEES on
Invalid Pensions.
Mr.. Haight IN. J.) presented iolnt resolutions
OF the If gislature of New Jersey, withdrawing
the assent Of that State from the I4th amend
ment to the Constitution of the United States
Mr Eldridge wis demanded the reading Of
the joint resolution
made on the Republican side, which were sew
orally overruled by the Speaker
MIR. Boutwell, made the point Of order that
the resolution was not respectful in tone, as it
charged the House with usurpation; and he oh.
Jected TO the reception of the document
The Speaker decided the point OF order not
Well taken, as under the rule all papers pre.
sented in the morning hour on Monday had TO
be referred. Gentlemen could after wards call
IL up and dispose Of II as they saw proper
Mr. Washburne (lll) gave notice that at the
expiration OF the morning hour he would move
10 suspend the rules for the purpose Of sending
tne resolution back whence il came
Inc hour OF half past twelve having arrived
w hole and accompanied the Managers TO the
bar of the Senate - "