The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-14
servings or in The conclusion Of the majority respect


tins important Question, j. IS enough for the present
purpose say that when tho Tenure OF Office bill passed
the senate tne opinion OF decided majority OF this body
was against placing any resrctlon upon the power OF
the President TO remove OF hrs Cao,net Tho
reason for tnis distinction between heads OF depart
mens-the constitutional advisers or Tho President
commonly called his Cabinet and other executive OH.
cerss obvious. From necessity their relations 10 hin
are personal well confidential they meet him ia
council as a part Of mis- administration his executive
family fairminded man, tnink, would deny 10
the pre- dent the right u remove the head OF y
when those relai ions OF dence add IN.
limacy interrupted. when this subject was under
discussion several Senator's expies-ei tue same idea
strongest terms in fact The senate Tor tong time
insisted upon leaving the power OF the President
his Cabinet officers absolute and unrestricted.
TIE House would not agreo 10 lhas ana the subject
went 10 a committee OF conference, ana ~ Williams
o. Oregon, OF the conerees WHO avreed TO the report
on the part OF the senate, ssui fcurua'y 20 80.
~ will add that | have IRON the BEGINNING OF
this controversy regarded this a. quite an I'M
material matter. Notwithstanding the tact that
tho two houses have been very tenacious 10 tho
respective positions they have taken for have
doubt that any Cabinet minister VINO has particle OF
self-respect-aDd hardly suppose that any man
would occupy so responsible Office without having
that feengwouid desire ~ remain IN the Cabinet after
the President has sgnded 70 him that hs was
no longer needed. AS matter OF course
the effect OF this provision will amount to
very little one way or the other; for prsum that
whenever the President proper to rid himself Of an
offensive or dsagreeablo Cabinet minister be viii oDiy
have TO signify that DESIRE and the munster Will retire
and new Apo ntment be made MIR. howard suid:-I
have no doubt tina; the practical Interpretation Of tho bill
will be such as the honorable enaor from Oregon has
suggested, and shall vote Tor hs aincndmen Mt with
treat deal OF pleasure, and hope the Senate will
ii It," MIR. sherman, the olner cOnierec, said:-"I
agreed 10 the report OF the conference committee with
good deal Of reluctance he Sci ate had
by deliberate votes declared its purpose make
the duration OF the Cab officers fixed by any lime
but that they should hold offices pleasure or
the President and that the orl ina design In the
creation Of their Offices But the purpose OF this
bill is so very important. establishes so saiutary re-
FORM that thought 1t ought not 10 be endangered
by dispute on collateral question. The
House conferees, and the House by two soes
very tenacious upon the subject, and there
seemed to be probability Inc bill woul be lost upon
question that collateral and unlmporant take It
Cabinet minister will attempt TO hold 70 his Office
after his chief desires his removal can scarcely
ceive think that no gentleman, no man with
any sense Of honor would hold position as Cabinet
officer after his chief desired his removal and
therefore the slightest intimdton on the part
sgnation OF Cabinet officer For this reason
! do not wish to jeopardize the bill by an 'mpor-
tant and collateral question: Again, IN the SAM de-
of these gentlemen referring to tue Caains OF AIR.
Johnson were so wanting in manhood, in honor, as TO
iien. OF the United States that his services were
longer needed certainly, as nator, would consent
to his removal at any time and so would we all
These we're the arguments added 10 this BODY by the
members OF the conference committee. who yielded n
the part OF the Senate, and ny such arguments alone
the senate was induced to give ITS own opnon upon
this subject Within The oning OF tnese able gentle
Cabinet officer becomes incapable Of dischargng
properly the duties OF his Office whom a want
OF confidence exists between him and his SUPERIOR
ahen their amicabie relations interrupted
and the officer can no longer as an
Executive against his expressed wish. To illustrate how
the public interest may suffer BY an in eruption Of that
confidential relation which the constitution and the me-
cessity OF ,the require will call attention to the
following facts, without ut thus time expressing any
opinion way the other upon the propriety Of the
action Of the Secretary OF War in withholding from tho
President mporan. despatch in relation to the riot
at NeY Orleans. The President received one fol-
iows:-[Here follows the telegram Of Andrew ) Heron,
of m
bling OF the Convention and the commencement OF the
riot with the reply Of the President that he military
would be expected to sustain no. to obtruc or inter.
fere WITH she courts."I
Mr. Stanton bis testimony before the Impeachment
Committee stated that the dcspa CHI he recsved from
General Baird, copy Of which was furnished 10 Tho
PRESIDENT, was in these words
HEADQUARTERS. DnpARrxrxr or LOUISIANA,
NEW ORLEANS, La, July 2e. lS56
Hon. p. M STANTON Secretary Of War Washington.
convention has been called with tho sanction Of Gov.
pose break arreatIng The delegates have syoa
no orders on the nnse but have warned hs parties thai
ssrctions ina, the Please nstruct
INC - '''' = Brevet Major General colan,sndns
The despatch Of the President to Mr. voornees was
shown General Baird He admitted iis authenticity,
but declined To act because II addressed TO him.
II the proper confidence had existed between The Pre-i
dent and the Secretary of War Mr. stanton Ger.
tainiy would have known the policy OF the Executive
win reference TO affair." and would have com.
municaied TO Mr.. johnson ths despatch OF General
Baird which OF Itself necessi ated instructions from
the President All attempts directly or indirectly, by
ntimaon or assertion, to make IL appear that those
words .'a once intsrpolated into that oes
by tho knowledge at tine instance OF the President
ara without a shadow OF foundation Mr. stanton's
testimony should be conclusive Independent OF ihai bv
the record Of the War Office and by The original despatch
n will appear that those words were lned n To-
II il a unjust aud oundsd mppallon soignt 10 DO
cast upon The President In this the undeTsg
has no reisfrnce the report OF tho maoaty, who
.xamuation are well satisfied him ELF that hose
words were ia tue despatch as recorded !. the War
Office aud as furnished TO the President. but whc'her
csn,a,nyd ., not IL is wholly imna cria far as Nj.
Stan,on was concerned. All such despltches require
imnsesaie reply. iquos from his testimony also tho
following
or New Orleans, Oh lhe 2sh o. july 1861 A. rccoi.o.
nat depsch eansG ss ns om intellect Sn -. "se ".
i kp q - ' Rsens % The asspcS Of ~ july
by es secd, s& wa. nsn SHS Gese a sa
dcspeteh on sunday forenoon; | examined i casefaAy
the question presEl:fd I'D not tslt
md give any instruction different ef action
dcspatch. q. i stated that tnis received a
twenty minutes past ten ocock r. NJ Was That tho houv
reeepon in the telegraph oce saturday ngnt rece we'd
pa p% %as Tho Several
with an the other dispatches End somnun eatlons on
umc suppose may have been ten or bteen days after
Win nese - H. W. Y,s i'm, u IKE ren, ~ Ia M
patchY L. know nothing about this p ndence AMI
know nothing about any correspondence except tins
despatch
ceved this despatch Sunday forenoon Examined 1t
carefully aud considered the question. considered
what question: Nothing less than whether Tho federal
forces should aid and support convention claiming
power TO change tho constitution OF Louisiana
or should suffer ITS delegates to be
rested by the city authorities
NAV tul assembagc. He swears he examined and
sidercd that question, and decided upon his own
sponsibiy, without anv consultation with tho presi-
dent That fact alone eu0ug 10 have sundorcd his
relations tho Pr sdcnt. There is NJ ncn.brr o. tins
body, my opinion, lost 10 his self respect
If placed in Mr. Johuson's position ut that time iuid
not have removed him because no did consult
him before making that decision. O, hts silence not
answering the despatch he approved Bards lie
had right to DO without taking the instructions OF
Tho President who alone asked for or could give
them Had the President seon that despatch wto Gun
doubt he would have directed the Secretary OF Wa 10
ordsr General Baird TO sus ain ITO ocecdngs OF tho
courts and 10 hinder them by preventing the
ton OF 10 al process and General Bart wuui have
FOR allowing bloody riot TO rage Ia ns disrici
ot express orders from the Pre-ident7 tan any
man suppose that N Stanton ut riy ignorant Of
Presidents policy not to know ma by sustaining
By military force convention sssem6 NJ 60 revolu.