New-York tribune., 1868-04-11


that the President Of the United states says In his an
swer that he suspended Mr. Stanton under the Consttu
ton indefinitely, and at his pleasure" propose now
be objected TO, 10 show that that Is false under
hsown hand; and have letter 10 that effect which, II
there is no objection, will read. viii read the sigma
ture, which was identified by c. T. Creecy.
EXECUTIVE MaSsros Avs. "a 1867.
sB In compliance eighth section of the Act o. Congress Of
sl, Ss Jo & are sii1 Rss, uaisd ta on e s E
stanton s, T sss ssssq, o % posd SnSs % % act 4. ssy
cd % s & ns s S S5s 'eSs4 seeS.,sy Ss rrsssa
This letter was read to show under the hand OF the
President thst when says in his answer that ne mas
removed Nh Stanton, by virtue of the IenureoiOhiee
read the eighth section OF that ACT; Ihas Wnenen1 d
consent OF the Senate, designate, author
ize employ any person 10 per- perl9Ih tha secrs ne
tary of the treasury thereof and shall be the duty OF
the Secretary of the Treasury hereupon to
in his Department The Senate Will perceive that this
section has nothing to do with tne Suspension oi an e
but the puport OF Tire section Is tnat ~ eas1 si %
President without the advice and consent OF te oeau,
shall under any he oee he Is TO
make report OF that designation to the secretary Vi @ @
accounting officers The section applies in terms to and
includes all II applies to ana lncudes 'e Iess
ton or any cause of vacancy, whether temporary or
permanent, whether occurring by reason OF s4spehso
says the Secretary Of the Treasury give you hotice
that have designated Gen Thomas TO perform the % an
sion by force Of that letter to the which that
vacancy occurred and therefore hseaa @ Cl
faIsehood il has no reference whatever to the matter
Mr.. BUTLER-Wil You read the second sectlOb' ii you
please the first clause of the second section.
Mr.. CURTIS, reading" That when an officer ap,
States Courts shall during the recess OF the Senate be
shown by evidence satisfactory TO the President 6c me
President states in his answer that he did not act under
Mr.. BUTIER-That is not reading the section.
ny. CUkIls-I am aware that II is not reading the
section. II is very long section.
Mr.. BUTLER-The first clause Of the section is all /
want
other occasion designated init to suspend the officer
The section applies 10 all occasions, whether temporary
what that cause may he II for any reason there is a va
csncy he IS authorized TO designate person to supply
sSssiSs SSe nsc TH s eighth section and the letter
reference TO the subject Of the authority upon which he
removed suspended Mr. Stanton now ask the atten'
as began before by stating what the substaRce OF this
article hope the Senate will be able 10 see how every
IN the case, and that shall be enabled TO state what We
propose to offer by Of proof IN respect TO each OF
that the delivery Of the letter of authority 70 Gen
Thomas was without the authority oil the oSS; Jaw;
act; that intentional violation OF The COnsutu
ton OF lhe United states ana tnse & ue , ~ 81 yi
late both that act and the Constitution OF the United
states That is the substance Of the second article Now
the senate will at once perceive that il the suspension Of
Mr. stanton not violation Of the act ~ aeE
or TO IL In other terms if the case OF MI stanton
not within the act then his suspension his removal
he has been actually removed, is removal winch ara
actually take place, and would not be violation OF ihe
act because If his not within the act at all which
does not apply 20 SS x % " ss@iGn @ y M ISEtsS Stanton on
continued 10 hold under the commission which
he received nom President Lincoln and has continued to
Tenurecf-ofce act that Mr.. johnson removed or In
tended TO remove Mr. stanton and therefore the sehae
win perceive that IL s necessary 10 come BACK again 10
recuT under this article because II will be found neees
the inquiry whether Mr. stanions case was within ne
Tenure ofOce secondly whether 10 was 50 clearly
the President as q high mlsdeeanortlsth he considered
IL not including that case But suppose the case or
inquiry whether the delivery OF this letter OF a
th0uty TO Gen. Thomas was violation OF inc act.
shall necessarily ask your careful attention 10 the
general subject matter Of this act aud 70 e particular
provisions contained In IT, Senators VIII IelaembeF nn
I'm many particulars from the bill as II was Originally IN
ono the subject Of removal the other the subject OF
pointments to Office. IL seems that practice had grown
mated to the Senate Office and when the Senate
either did not act upon ms nomination or rejected IT, it
considered competent for the President after the ad
joument Of the Senate, by temporary commission, to
appoint that same person to the same olhce Ihat was
deemed by large majority OF Senators to be an abuse OF
pOwernOt an intentional abuse IL was practice that
had prevailed under The Government TO very consider
able extent II was not limited 70 recent years ~ mao Dee
supported by the opinions OF Dut sun
10 WAS esteemed by Senators 10 he departure
from the spirit OF the Consnon ana IN deIosaloh OF
the lust powers OF the Senate in reference 10 the nomina
o9 OF f S: aw rEf S TIE & and Os second Of
the act relate exclusively 10 removals from Office and to
whereas the other sections which shall particularly
ask your attention relate exclusively to tst oher sno
Senate had refused 20 concur in the nomination OF lhe
person appointed This law provides that The President
Shall have power to III all vacancies which may happen
during Of the Senate by reason oi deatn 9i Ies
nation II will be remarked that TINS does not lheinae an
casest does not include the case OF the expiration OF
commissions but IT includes simply death ana IeslgnO %
during the Of the Senate Why this wass don't
lrrnu
In point OF fact t does not cover all cases mat may abe
even belonging 10 this general class 10 whSl the %
wa TO refer II provides that the President shall
have power TO I'LL all vacancies which may happen during
theuecess Of the Senate by reason OF deah OF & ed %
the session thereafter and II no sppontlnent by
aud with the advice and consent OF the senate Hn pe
made TO such Office during such next session. then such
Office shall remain IN abeyRnee, without any salay ess
OF enoIumens attached thereto, until the same shall be
fled by appointment by and with the advice and con,
OF the Senate and during such time al powers anu
other ocer as may by law such powers and du
Ties In case OF vacancy In such ONCE
all the offices brought within this provision OF
vacancy occurring during tie Feeess OF the Senate ana
tho nuE Of that vacancy by the aIe %
gong INTO before s adjournment and that
applies, MS have sald 20 the Two Glasses o casos
" vacancies happenng by ~ ,o sny o. obe The
next section does not rats TO that subject 6nt 70 tne
strued the term Of any officer etc. The fifth
sppn2ent Or saOymcs. sDJ shA Otherwise aite%p.
hold such once empyment be shan be oemto
guilty high misdenesDor and trial and
vieoI therefor shall be punshed therefor by fne not sIeedlg
$1,000 and by Imprisonment
What the provisions of this act In relation TO accept
ing any appointment They arc found in the thrd sfc
ton of the act putting officers into allegiance under
similar circumstances which described In that sec
ton. IL any person does accept Office which 10 thus
put into allegiance, any emOluDent authority In ref
10 sosh Office, he comes within The penal pro
visions OF the fifth s0ctiOn but outside Of that there no
such thing accepting Office contrary 10 the pro
visions OF the act because the provisions OF the act ex
further than those and of the next sec
tiOn-eyery removal, appointment, or employment made