The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1868-05-29

Y even under the law of 17S9 for him tc
= make that re loval during the session
of the Senate" Trial, p. 1l73.) Neither
a one of these contradictory opinions
. can stand. IT is very evident that the
= removal of Pickering preceded the
l nomination of Marshall and ii Is be-
! yond dispute that the entire transac-
tion was during n session Of the Senate,
and not in recess. The Senate had
been in session for months II sat on the
preceding Saturday (3 Senate journal,
; 92) and there can be no pretense ofa va
cation or recess on the Monday when
Pickering was removed from office.
) The Pickering case is therefore de-
cisisive authority in support of the Or
Ter for the removal of Stanton.
THE THOMAS ARTICLES.
The second, third and eighth articles
OF impeachment charge the designa-
ton by the President of Gen. Thomas
to operform the duties of Secretary of
war al interim, as unlawful, and as
constituting high misdemeanor in
office.
think that that act of the President
was authorized by the act of 18th
February 1875, Il Statutes at large 49,
But in view of the argument that the
law OF 1875 is no longer in force, 1t be-
comes necessary to consider, in connec-
ton, the several laws which relate to
official vacancies and disability of off.
GERS in the several executive Depart
partments.
The act Of Sth of May 1902, Section s,
priv ides =
-, I'm case of the death, absence from
tne seat of government, or sickness of
the Secretary of State, Secretary of the
Treasury, or of the Secretary of the War
Department,or of any officer of either of
the SAID Departments whose appoint
ment is not as the head thereof, where
Dy they. cannot perform the duties of
their said respective offices, it shall be
lawful for the President of the United
States in case he shall think it necess-
ary, to authorize any person or persons,
at ms discretion, to perform the duties
OF the said respective offices until sue
cessor be appointed, or until such alb
sence or inability by sickness shall
cease" Il Stat. 2Si.)
This act lit will be seem was confined
to the Departments of State, of the
treasury and of War, which were the
only ones organized when the act was
passed. 1t will be seen also, that the
act applies only to eases of vacancy oc-
casioned by death, and to cases of disa-
bility occasiOned by sickness or absence
from the seat of Government.
The act of 18th of February 1895, in
its first section, makes further pro.
vision MS follows:-
SIN case of vacancy in the Office O
: Secretary of State, Secretary of the
, Treasury, or of the Secretary of the De
partment of War, or of any officer o
either of the said Departments, who's,
appointment is not in the head thereof
whereby they cannot perform the du
. Ties Oftheir said respective offices 1T Shal
, be lawful for the President of the Uni
ted States, in case he shall think it nc
cessary, to authorize any person or per
sons at his discretiOn,t to perform the du
= ties of said respective Offices until a sue
[ cessor be appointed or such vacancy b
filled Pr0utded that no one vacanc,
FOR longer term than six months"
This act has no application to case
of temporary disability but to cases O
vacancy alone; but as to such it is com
prehensive and includes those of ever,
: description. 1t is, however, like tina
o of 1892, confined to the Departments o
: State, the Treasury and War.
: Next follows the act Of Goth Februar,
1868. ~ 81. at torge,Gj) It's passage wa
recommended by President Lincoln il
5 a special message dated 2nd of Januar,
l 1868, which reads as follows:-
= 81 submit to Congress the eXpedicn
, cy of extending to other departments o
the Government the authority conferred
on the President by the Sth section O
the act of the sth May 1892, to appoin
3 a person to temporarily discharge tn,
= duties of Secretary of State, Secrctar,
OF the Treasury, and Secretary of War
In case of.the death, absence from tn
seat or government, or sickness, o
, either of those officers"
, In pursuance of this recommendation
the act was passed in the followaA{
words =
"ln case of the death, resignation, alb
/ sence nom the seat OF government, o
sickness, of the head of any EXeculiv,
| department of the Government, or o
any officer Of eitherof the said Depart
ments whose appointment Is not in tn,
head thereof, whereby they cannot per
form the duties of their respective Oiii
ces, it shall be lawful for the Presidcn
or the United states, in case he shal
think it necessary, to authorize tn
head of any other Executive Depart
= ment or other officer in either OF sal,
Departments whose appointment is vest
ed III the President, ut his discretion
TO perform the duties of the said respee
i tive Offices until IL successor be appoint
n ed, or until such absence or dj,
= ability by sickness shall cease: Pr0ri
A., oed, That no one vacancy shall be SUI
Piled in manner aforesaid for longe
term than six months"
} 1t will be observed that this net fol
lows mainly the language of the act G
= 1872. The particulars in which it dc
. parts from it are these:
: |. 1t exteds toall the seven EXecutlv
Departments instead of being coniine,
l to the three which were in existence il
a 1892;
: .. 1t applies 10 II ease Of vacancy b.
D designations;
: 3. II authorizes the employment i
4. temporary service in Department q
officers ofanother Department, instea
h of g. any person 7" rs in the former law
!, and lastly, it borrows from the act c
+ l795 the limitation of six months upol
e the term of special service in each cas-
u provided for.
p Now the question is prcsented-di
this act of 1868 repeal by necessary i'm
g plication the vacancy act of 1895:
l. provides for the cases OF disability coy
o cred by the act of 1892, Il for eases ofvi
c. cancy occasionod by death covered b.
G, the same act. But il provides fllrthe