The Portland daily press., 1868-05-20
DAILY PRESS.
PORTLAND
Wednesday Morning, May 90, 1893.
Impeaehment-Mr. Resseuden.

ImPeaehment-Mr. Fessenden,
5 Mr.. Fessenden argues that under tie Con
! stitution the President had q right to remov,
MIR. Stanton, that he did remove him. ant
thereby created vacancy in the Office O
Secretary Of War; that under the act o
1895 he had right to fill the vacancy thu
) created temporarily by the designation o
Gen, Thomas as Secretary ad interim. /
these premises are sound, the letter Of ap
polntment or authority to Gen. Thomas and
MS acceptance, constituted a legal appoint
neht or designation of the latter as Secre-
tary OF War ad interim, whether Mr.. STAN
ton assented or not. The non-assent or re-
sistance OF the latter could not affect the le-
gal status OF the parties. Stanton was re-
moved, and the vacancy, temporarily at least,
was filled. Both acts were completed, and the
removal and the appointment were the acts
OF the President. But Mr.. Fessenden also
argues that ii Mr.. Stantons case was cover
ed by the act of March, 1867, so that he was
not removable by the President, these acts
Oh the President were imperative, and they
constituted no offence or crime. The idea
tnat an act is saved from being criminal for
1he single reason that it is illegal, is a novel
one. think that Mr.. Fessenden would
scarcely accept the converse of this proposi-
tion-to wit, that an act is criminal simply
because 1t is legal. Yet, the above, if un-
eeistand MIR. Fessendens argument, forms
the groundwork of his opinion Oh so much
OF the case as relates to the removal of Mr..
Stanton and the appointment of General
| Thomas.
MIR. Fessenden asserts that Mr. Stanton
was suspended in August, 1867, under the
provisions of the civil office act, and could
not have been suspended, as the President
insists he was, under the Constitution. To
save the President he denies that he acted
under the authority which the latter insists
he did act under. The President claims
that he has The power under the Constitution
to remove Mr.. Stanton and that he exercised
this power in his removal But, if. as MIR.
fessenden affirms, the President had no pow
er to suspend Mr.. Stanton, how could he
nave power to remOue him? Does not the
greater exceed the less? If he could remove
Mr. Stanton permanently and absolutely,
could he not do so temporarily and provis-
iOnally?
Reading Mr.. Fessenden's argument with
candor, acknowledging Its ability and remark
able clearness of statement, other questions
and doubts have suggested themselves which
| interfere with ready acceptance of some of
| his most vital conclusions.
| Was MIR. Stanton Secretary of War on the
2lst of Feb. 1868? If he was in whose term
was he serving? Mr.. Lincoln's or Mr.. john
sons? If in Mr.. Lincoln's it is admitted by
Mr.. Fessenden that he was protected by the
tenure Of civil Office act of March 1867. If in
Mr. Johnson's, how came he to be serving in
1t? Was it not because he had in effect and
in law been appointed by Mr.. Johnson?-
Could he hold the office in Mr.. Jshnson's
term without what was tantamount to an ap-
pontment by the latter? But, however this
may be, if Mr.. johnson is President in his
own right, as Mr.. Fessenden maintains he is,
and not an acting President merely, and is
not as President serving out the residue of
MI. Lincoln's term, but as Mr.. Fessenden says
serving out his own term, can he not hold the
office for four years? The constitution saws
the President land this is what Senator Fes-
senden says Mr.. johnson isl shall hold his
oDtce for the term of four gears. Can-tire-
term of FresIuent be less than four years
except in the single case of its expiration by
the election and inauguration of a new Pres
ident? Now, if Mr.. Fessenden is sustained
in maintaining that Mr.. johnson is President
in his own right and is not acting President
merely and is serving out his o,on term, can he
not hold the Office for four years? Were not
Mr.. Tyler and Mr.. Fillmore laboring under
huge mistake as to their rights when they
retired from office at the expiration of four
years from the commencement of the terms
respectively OF Gen. Harrison and Gen. Tay-
lor? If Mr.. johnson must retire from office
ON the 4th of March 1869, is it not because it
is Mr. Lincoln's term that he is serving out?
NOW, 1t 1t is Mr. Lincoln's term and he goes
out on the 4th of next March, Mr.. Fessen-
den's argument that Mr.. Stanton is not cov-
cred by the act of March 1867, falls to the
ground and conviction would seem to be log
zeal necessity. The country was in the habit
| OF considering in the time of Mr.. Tyler that
| ne was serving out Gen. Harrison's term
and in Mr.. Fillmore's time, of saying, as we
all remember, that he was serving out Gen.
Taylors term. The term OF office of Pres
| ident who has been elected is undoubtedly
four years, and if Vice-President by reason
OF the death, resignation, or removal of the
PRECEDENT succeeds him in the office, he also
succeeds him in the term. The only way in
which such term can be concluded short of
four years, is by the commencement of anoth-
er term, and that can commence only upon
the election and Inauguration of new Pres.
| ident.
| The force OF Mr. Fessenden's reductio ad
dbsurdam contained in the suggestion that in
the event of the death of both President and
ice President and the election of new
President within year from the time of
the Inauguration of the deceased President.
the Secretaries of the latter would hold over
for three years into the term of the new
PRESIDENT If it be true that the Secretaries of
the deceased President can, under the act of
March 1867, hold for the term of the Pres
ident by whom they were appointed and one
month longer-is impaired when it is consd-
cred that the deceased Presidents term ex-
pres with the Inauguration of newly cleo
ted President, and also, when it is remcm-
bered that these officers may be removed at
any time by the action of the President and
Senate. X.
Portland and Ogdensburg Railroad.
| THE ROUTE TO THE NOTCH
The report of Messrs Anderson and Moves,
the engineers employed by the corporators of
the Portland and Ogdensburg railroad to re-
connoitre the route from this city to the White
Mountains, was printed in full in the Argus
of last Friday. The substance of the report
has previously been given to the public.
The engineers recommend two routes: l. BY