The New York herald., 1868-03-31

service so far as their appointments and commits
sions, removals and dismlssals are concerned Ins
the i'm of July isSs Statutes at Large volume u
States be :..i ;arehy is authorized and requested
To dismiss and discharge from the military ser !
Vice, aiihA. In tn. army, navy marine corps or /
volunteer force In the United states s, ,,ssmaO ssrvCe
either renders such ofcer unsuitable for or whose
dlsmisson would promote the public service. why
tary oficer at pIeasurei And his powers whatever
ofice. The answer to this suggestion may be that
this act simply one OF supererogation only au.
To do and therefore not specially pertinent to
this discussion. But ON the 18th 9! July,
ls6a Congress enacted THAT =, no To- omces ~ socs ~
be dismissed from service except upon and IN pur.
suance OF the sentence OF court martial to that
objection that Congress cannot regulate his power Of
removal from oficef In the snow storm or MS
veoes why did no dake light down on this provsioni
II concludes the whole question here at ISSUE 1t is
approved and signed Andrew Johnson It VIII NOT DC
claimed, however, II the Tenure OF once act y con-
as has been done incidentally, for reasons hereafter
to be stated, that he could remove Mr.. stanton
its provisons and one claim made here before you
by the answer Is that the office is excepted by the
terms OF the law. OF course shall not argue 70 the
Senate, composed mostly OF those who passed the
bill, what their wishes and intentions Were upon
that point cannot aid them 6ut the no. do o.
termine the exact status OF Mr. stanton at sne mo,
ment Of its passage. Answer admits Mr. stanton stanton
was appointed and commissioned and duly qIalihed
pursuance Of the act Of nss. In the. alb
President he legally held his ONCE during the term
of his natural life. This consideration IS an answer
every suggestion as to the secreary hodlng % oyes
March, 1867, the Tenure Of ONCE act provided, IN
substance that all civil officers duly qualified to act
I'm dvrin ondn
Senate shall be entitled to hold such office until
successor shall have been In like manner appointed
vided to wit:-Provlded, that the Secretaries shall
hold their Office during the term OF the President oy
whom they may have been ana b9 ,Ur ans ens
with the advice and consent OF the Senate"
BY whom was Mr.. Stanton appointedi BY Mr. Lin
cOln Whose Presidential term was he holding under
when the bullet of Booth became q pr0xlmate
cause OF this trlaf Was not his appointment in fun
force at that hourp Had any act OF the respondent
up TO the 18th of August last vitiated or nterered
with that appointments Whose Presidential term Is
the respondent now serving out' His own, or Mr.
Lincoln's? If his Own he Is entitled to four years
up to the anniversary OF the murder, because each
Presidential term is four years by the constitution
by the act Of May s, 1892. II he is serving out the
remainder of Mr.: Lncon's term then his term Of
before Is not the statement Of these propositions
their sufficient argumentS II Mr.. Stantons commits
act then II must have Ceased one month after the 4th
OF March. 1s65-to wit, April 4, 1855. or, II the
Tenure OF ONCE act had no retroactive effect then
his commission must have ceased II 1t had the effect
Of the act-to wit March p 1861 and, s.,ol, In
he must have been exercising his office in contra
venton Of the second section OF the act because ne
was not commissioned in accordance with its provi-
slons And the President BY ''employing him, in so
doing from the I'd Of March to the 18th OF August be-
came guilty Of a high msdemeanor under the pro. %
President shall succeed In convincing the Senate that
Mr. Stanton has been acting as Secretary OF war Va.
which he win do II he convince them that
that act vacated In any way Mr: stan,
not serving out the remainder OF Mr. Lincoln's Presl
dental term, then the House OF Representatives
have but to report another article lot tnis INSIDE
confession It has been said, however, that IN the
discussion at the time Of the passage Of this
ns ins to''i to show howl that It did not apply to Mr..
Stanton, because It was asserted that no member
hold his place against tho wishes OF his chief,
by whom he had been called into council: and these
have been made the S9 SaSe q az ~
Influenced the minds OF Senators that II IA my duty
them to mee, 10 70 ene e
seem to be at least two potent answers to II. The
fiisp'ans his Council. w The blow OF the assassin
| did call the respondent to preside over 2
member beloved by Its chief; and II the respondent
deserted the principles under which he was elected
| whom the valor OF our armies had subdued, again
into power, not those reasons not only why Mr..
stanton should not desert his post, but as true
| patriot, maintain 1t all the more firmly against
| this unlocked for-treacheryi Is 1t not known
| TO you, Senator'S and to the country that Mr.:
| Stanton retains this unpleasant and dstasteful
| position, not OF his own will alone, but at
the behest OF majority OF those who represent the
ture, and after the solemn decision Of the Senate
that any attempt TO remove him without their con-
currcnce IL unconstitutional and unlawful To de-
/ \ 10 I'M
| cry OF his accidental chief. But whatever may be
the construction OF the 'enure OF civil ONCE act"
/ by Others, or as regards others, Andrew john
| son, the respondent, Is concluded upon 1t.
He permitted Mr.: Stanton to exercise the
ee was 1 aeced es Gis He him
Its provisions. He reported that suspension to the
with ms @ n s WIN a
| clned to concur with him, whereby Mr.. stanton was
reinstated In the well known language OF the law,
acts from denying the legality and constitutional
propriety OF Mr.. stantons postons Before proceed.
Ing further desire most earnestly TO bring the at
tention Of the senate TO the ayerments Of the Presi
dent In his answer, by which he tustaes his
and the reasons Which controlled him in so dona
He claims that on the 18th day OF August last he had
become fully Of the opinion that he had the power to
| remove Mr. Stanton or any other executive officer,
or suspend him from Office and to appoint any other
person to act instead 'indehnitely and ut his
| pleasure;" that he was fully advised and believed,
as he st believes that the Tenure OF Civil ONCE act
was unconstitutional, imperative and void In all Its
prOvlsl0nS, ana tnat ne nad tncn determined at all
hazards II stanton could not be otherwise got rid
Of to remove him from oce In spite OF the provisions
OF that act and the action OF the Senate under
IT, II for no other purpose In order to raise Tor Ju
dlcal decision the question Affecting the lawful right
OF said stanton TO persist In refusing to quit said
Office Thus appears that with full intent TO resist
the power Of the Senate to hold the Tenure OF once
| act void and to exercise this illimitabe power
| claimed by him, he did suspend Mr.. Stanton, ap-
pareny in accordance with the provisions OF act;
he did send the message to the Senate within the time
prescribed by the ac he did give his reasons for the
L
| length, accompanied by what he claimed to
be the evidence OF the official misconduct
Of Mr. Stanton, and thus invoke the action
/ OF the Senate to assist him In displacing high
oncer OF the government under the provisions OF an
act which he at that very moment believed to be un-
constitutional imperative and void thereby show
| ing that he was willing to make use Of void act
and the Senate OF the United States his tools 10 do
that which he believed neither had any constitutional
| power to do. Did not every member OF the Senate,