The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-10

RI - - L Z-5d ] ~ II
sEaa.A EioEf fe-a u as'1gasss3 - ..garDa.
Butler announced that tile case ON be-
| half OF the Houre-waS closed.
atali & liqal IA ll hiby u s j. saa5
| capacity Of judges, he lCurtis.5 said the
only appeal ne sfruutd-make, svas To the
/ conscience and reason ~ every jujze. pas-
lag fsls aEgNmen 6 s0tely ol4 aUe~f lol4s of
law and tact. HelutImatc1 hat ha V0uHl
s15sfQuentiy onmbot the position taken
/ ~ the 9lanaseis tHaf this poey was NOT
essen thttlgs and m fact Il f0art bHt III the
pEessn q AF0afId consider t41e articles sep-
araieiy ~ their order aud substance. The
graFamen obfhe charges of theafrst artl-
dad thacit'wss ihs ended 10 De n vt8lation
of tbe Ienn4e q once Aes and the.Consti-
tuition. He argued to snow that The case
Of Stanton dad not c0gle with ia the SCOPE
aud provisions o! the Tenure Of Offiee
Stant9n was appointed tbyT Lincoln. in
Ist2, to- hold the fice during the term for
which he Was electe4-lfot 90 bold ft nor
elected 4 scQalu not be saIda that MrJohffJ
so1. was serving on the Time Of Dir. LfI-s
c9la. The time for which 4 President Is
limited 81 IRE. and iir iyat i ff1f5Po4 is u
c9nd}iona terra e2IIiri n z, 1 14s Stfe8 Prest )
ststs Of ahe r5fnstiad der of til y ferfn fdr
MnleA .t t4e rs. y les Pres t4ent was e4ecteai LAS
wefA fatsht II Be SAID that one SOVEREIGN
sutceedegg. There was "A pnri,s,Ea In tSs
diHefence IN the phraseoi0gy8 between the
sectlon aud Its pFOvlSO I'M the COnstitu-
tio1.authori zing lie Pfesitienfto e.tlI NOON
mem bers qt tue Cabluet Tor aaKleeff ffaspeeh-sl
ing = atfefs coucaTning his own duties, as
we aslrEipeetlng matters CONNECTED aEfih3I
their various departments. And ssen bad
| been the invarIable5 nrhdtaeA9 Hfilee Z Ffe8l
I foundation of the Government. Tnev were
the voice and EAe aaalads ofEhea Prasld mt
H "A them ire was to repose confidence aud
ioE- them ne was 70 be resPopsl be. Forl
this reason they we're placed BIZ the Tenure
0l q1ilee Aesf ia The same position as Bhe
PRECEDENT, bV whom they Were appofntpd
They weFat0 serve ouE his terra Of service:
~ 9u tfs ~ s,r 70 othsrs holqlng oyer the case was
h Curtis proceeded TO show that the feeling
ana fhtention or both Houses of Congress /
was IN the forming and passaa e. afHhts II
bill, mentioning that they were In accord
anee with the views he lad just expressed
lie quoted from spesch explaining the
report OF the CgnEniuee Of Conference
made by Schenck; also, frorn speeches. az
sherman, Williams. and others la the
senate, IA whschEtiley deemed stanton in
the offiee. Heread these, T. 81 al 81 pres
sious OF individual opinion, but as expla-
natl2n 9I the report Of the Gommftieeo of
Ret Eet9E9i2g E x q g theseRslderation or theAr-
tleLes, ne sstEd tne sixth section forbids
the act; bat as Stanton did not Weld there
was no removal, and II there had been, he |
would not have violated the act since he /
nad just SHOWN that stanton did not come /
within its provisions. The House OF Rep
Fesent,aaJiyeIsi sasTges the fresiFisnt with
which unquesiIonabIy admits or dffFerenff I
CONSTRUCTIONS, but fail 70 prove thaL lie
saes siies a 'saf sfsd 'atszPEssP9 g ena p ID %
OF 10. The duty of the PreSident I
Is to construe an act and decide what is It's /
as the CousLitut4on, provided b3 consul la.
ton with bis eonstitntional advisers ana 1
they al putth same construction uDou The /
act in question IS had been ass .nned ~ III /
by Us Trainers. There2se. OF Stanton Is Of /
astuallyf holdlng once under the law of |
1853, without expressly giving the ri esi- |
dent power to remove him. i'm piles II Nv |
directing what shall be done BY the Presf- /
gent after removal. Nothing in the Con-
stituttpnl lorbids the exercise Of tl4Ag power
Dy tho President, tftidependentIy of sfhe 4
Senate. Tne decision Of Congres. in 1889, I
was granted to the President bv the Con
ktitution, and neither subsequent iegisia-
ton nor amendments to the Constitution
/ denied it. The practice ofthe Government
also was ih COMO rfatt stto this view.
On the ou break OF the civil war, the
War Department was in disloyal hands.
il 10. ans Flost hadt 90 fIi1itI s6t3gi sef,se
h1 ths 8eiss ACTON Sis thete ih3nt siifp
what efsastrous consequences might have
s'i5aSd Having argued I'll 4 qis IL c1 removal
Curtis proceeded to argue / prOprfety and
neces ity IN this case He reci3ed the clr~
cumstauces attending the first CORES pond-
ence with stanton. and his suspension
and Wen on TO claim that ere rl lght be
I instances III WnlCu the highest DatF fOLfSm
and duty required eltlzen 70 aise The
1 question or tire vstlfdffy requfred and c,f
/ the bindiag torce of = Jaw. Saeh won "a he
I the duty 0f al trustee Ia the Elr0tectfbr o.
/ the rtghts-o+ third parties, vino We're un-
able IL assert them. such was fhe dufwa
nohlg ful1lifea By Hampton. when he on
posed the payment of ship money The
/ Prtsidentrtoolx2 no extreme 9found but
| while pe3 teving III d is duty 10 See that fine
/ laWs-ars fat htully exec9tesiy still, laa acasFs
/ sought 10 be invaded, and 20 one can raise
| the question Ire must do it, Suppose Il
/ law was passed depffving him of Ills now-
/ er as C1mmandel -in-Chtef, would IT not
1 be his dutv 70 oppose IL lsoa IS to bring
! about ciston ny tine cOnris. a power
aeriysad j RE- 3 59l ] .Ssti29 4 r a
/ H0n. Counsel 90 not conceive it to be es-
n Renfiai Lo their c tse to maintain this pO-
I siton, ou-b deem II. plainly proved Z
i considerations which had Influenced Lhe
4 President 1ands referred to Seory's Conn
# men taries on the Constitution. AMI other
I authorities, 10 show what ~rute of con-
strucfiOu. in practice was the best expo
Il nent inzltw. FrOn1 lSTs 20. ls5I. every Pres
4 ideut and every congress has participated
4 in, aud aete q under the constr sctiOe ofthe.
4 former. 1amefN: hat the President has
H the sole power for removal.
Il The senate then took recess FOR twenty
Il minutes.
4 on-re. assembling at 2f5o. AIorrilI moved
TO adJoufC. NegatiYed by p 10 2. s1a5t
Curtis tnen resumed his argumant, p. and
II cited numerous cases and 3decIst tOus.
10 prove that the eflect Of such
II cotempos saueous legislative e0nstruc-
tfon is tc Tx AMI determine the interpie-
tatlOn of'tbe laws. Ti e referred 10 he diff
i ferent oplnions advanced during he de,
the construction that tie pOweF.of rem 0w-
al was sub -ect 10 legis ative enac ment
had at least never been estab isnett 50
clearly that TO act on the opposite view
s Hfis pfssnfnptiFe4y crlRAs-sg be linen ar
vaneed NE arguipsnt. lAate y apply ne
tenure Of once Law 70 stanton w9pia ne
d violate the agreement made byLhe sen