The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-02
THE RESULT IaE vITABLE.

@. Q. N0U10B. Chairman.
THE RESULT IaE v1TABLE.
The defence Of the President Is set forth
in his answer to the articles of impeachment
is "a isinpenuous and double, and manifests in
different positions cowardly regeneration,
and ~insolent boldness.
He complied with the Tenure Of Office act,
and again be denies the constitutionality OF
that act, but insists that be d~isregarded it
simply to bring it before the court and test it.
The utter weakness Of the President de-
Tense is manifest in these positions, but the
briefest statement Of the law and the facts
leaves no case whatever for him.
The Cabinet officers of the President were
not created by the Constitution, bnt are
creatures Of the law, born and brought forth
by Congressional action at different periods .
the officers seemed te be demanded The
first law on the subject was enacted during
Washing.on's administration, and provided
for the appointment Of three heads of De
partments only, to which the other Depart
ments have been added by subsequent acts
of Congress-
The following Section in the law of 1895,
does not indicate that the President has a
right to create a Vacancy" and limits the
period TO which an appointment made by him
to fill a vacancy may extend.
SECTION s. "In case Of '~racdncy' in the
Office of the Secretary Of State, Secretary OF
the Treasury, or Secretary Of the Depart
ment Of War, or Of any officer of either oil
the said departments whose appointment is
not in the head thereof, whereby they can
not perform the duties Of their said respec
tive Offices, it shall be lawful for the Presi-
dent of the United States, in case he shall
Think 1t necessary, to appoint any person or
persons, at his discretion, to perform the
duties of the said respective offices, until a
successor be appointed or such vacancy can
be 6lled-Provided that no racaacy shall be
supplied in manner and form aforesaid for q
longer term than six months
But this law is practically superseded by
the law Of 1868, in the following provisions
SEC. l. stIn case of the death, resignation,
absence from the seat Of government. or sickness
OF the head Of any Executive department of
the Government, or OF any officer o. either of
the said departments whose appointment is
GoN IL taS hG04 shCACpts W1NiCQy tHGs ChItuUt
perform the duties of their respective ofices,
it shall be lawful for the President of the
United States, in case he shall think it ne
cessary, to authorize the head Of any other
Executive department or other officer In either
OF the said departments, whose appointm ent
is vested IN the President, at his discretion,
to perform the duties Of said respective Office.
until a successor be appointed, or until such
absence or inability by sic sness, shall cease
Provided, that no one vacancy shall be sup
piled. in manner aforesaid for a longer period
than six months.
SEC. 2. .And be it further enacted, that
all acts and parts of acts, Inconsistent with
the provisions Of this act, are hereby re-
pealed.h
Here again the recital Of the modes by
which a vacancy may occur, precludes the
presumption that there mightbe another mode
OF creating a " vacancy to-wis, the Presi
dents removal of The incumbent.
Butt there was any doub, before, the Ten
ure of Office Act, passed in 1867, removed it,
and utterly prohibited removals by the Pres
ident, and only allowed him to suspend, for
good reasons to be assigned to the Senate.
Now, as these Cabinet officers are the mere
VI toht u MI tu6 ltEulh III I6IatlD0
to their duties, and their offices we're pre-
scribed from the beginning by act of Con
gress, it is simple folly to insist that the pres
ent Congress had no right to l~egislate in the
premises, and that the Tenure of Office Act
Is a violation of the Constitution, when the
Constitution is utterly silent on the subject,
and has not q single provision as to the terms
OF Cabinet officers, or as to the Office itself.
But johnson recognized the validity of the
Tenure of Office Act, suspended Stanton 10
accordance Herewith, devolved the duties
upon Gen. Grant, and after Congress con-
vened reported his reasons in accordance
with that act. And it was not till after the
Senate pronounced the reasons insaf6e:
and restored Stanton that Johr.on ,'en'
tnas The law wal ~uncors,itutie
pointed Gen. ThoGas secre ..r - W.. !.
direct and fssgrant viola.;, ~ - n.on.
OF q law, the validity ~ vh;cb h &c ~
Conceded oy coy plying with Its provisions te
the letter up % that time.
Ahe CO. e is so plain that there seems nc
roo|. for controversy or doubt as to the re.
suit, for even could the President pettifo,
away the Tenure Of Office Law, the act Q
1868, which supersedes that of 1895. pre-
cludes the removal of . Cabinet officer durini
the session of the Senate and without it's con
sent, in terms which admit of no question.
---
The Democracy have made q trem sndou'
howl over the repeal Of q law enact
ed by Congress only a year ago affect
ing the jurisdiction of the Supreme Court
They assert that it is an insult to the Court
violation of the Constitution, a revolution
airy act of legislation, to take away BY act o
Congress Jurisdiction in certain cases confer
red by act of Congress only year ago, an,
never had or claimed before BY the Court
ARGENT act Of the Copperhead Leeisla
ture OF Ohio will serve to show the hypocri
~ and inconsistency of this pretended rev
erence for the dignity and authority o
Courts.
The supreme Court of that State had ID
cided that under the Constitution of M.
persons OF less than halt negro blood ~,
entitled to the right Of suffrage. The Lac
~is'ature in contempt of the interpr.t.t;on :
the Constitution by the Supreme Court ba,,
enacted = stringent law depriying all perso.,
With the slightest admixture Of negro bloo,
OF the right Of suffrage.
here We have . Copperhead Lep;,I.snr
setting aside the decision Of Ii. h;ube,
court OF their State, and int.rfer;oy - M,
pref the Constitution, which they in.;., !. i
sols proyince Of the court in other cases -
depriviag nan Of scored rights long held 8
ezsrcissd under the Constisution and la,
ind sanctioned BY the dscision Of ! Damn
cratic court, eren in tbs days when ,lavsr
prevailed in the land.
ins following political religious nev. IL,
''so.nesas' and may prove aurpri,;nr !
many o. our readers: During he 800. !
'ns con'e.enes Of the Ne. Easl.sd En;.co
palCharch, the Committee On Il. 60
The Country, through Rev. ailb.r. nsu1s 9
ported resolations indorsins imp..o.Is0.
and eulosising General Grant a.a $50.
stanton for their patriotic conduct. n. i
solutions wers unanimously adopted. j