Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1868-03-06
A Lame Defense


It viii be remembered that in the
message sent by the President TO the
Senate, explanatory Of his recent acts
and conduct. he does not distinctly and
une0uivOcally declare that he removed
Stanton from Office and appointed
Thomas to fill StantOn's place simply
for the purpose Of testing the constItu-
tionality Of the Tenure Of 0hce act
While he leaves this to be inferred from
the language he uses, he does not ven
ture 10 assert what the facts do nOk war
rant him itt. asserting. The truth IS,
this line Of defense is an afteTthOught.
johnson appointed Thomas to MI the
vacancy which he, johnson, has en-
deavOred In vain to create in the War
Department. This presuning To ap-
point Secretary OF War, during t1e
session of the Senate, without the al
vice and consent Of the Senate was not
only in violation of the tenure-of-0fnee
law, but in violation Of all law, and the
Constitution as well. Whether an inter
fns is added to the title, or al T2s75It5titHg'
or Gd anything else, it does not Gnange
the character Of the act. Ine EfeslaellG
appointed an officer to MI what ls tAe
most i'm Dortaut office in the GOFeGu~
ment without the slightest regard 10
the advice or consent Of the Senate-1n
fact totally ignoring the existence OF
the Senate.
Had Thomas got possession Of the
one suppose that he or Johnson would
have tested the constitutiOnaiity Of the
law which both had violated2 15 IS not
alone the tenure-Of-Ofhce law out lhe
Constitution ofthe United States whteh
johnson has violated. How can he test
the cons5itutionaIfty of his own viola
tion. Of the Fundamental law? The Sen
ate sitting as a high court OF 1mpeaen-
meot. viii test that question for h1m.
We deny that the President ot the
United States, or any citizen tnereoIf
has the right 60 commit crime ana
then shield himself under the plea that
he is engaged in testing the eOnstlGu-
fionalitY of all the laws against crime.
| What sort Of a plea would = be Tor
murderer, or burglar or an lnee!lclafy
/ to set up that in committing crime ns
was simply exhibiting a laudable de-
/ sire to test the constiUutiOnallty OF the
criminal laws Yet the President ViO-
! iates a law of the land, to the VloIaG'on
of which is attached the penalty OF nVe-
wears imprisOnment and ten thousand
dollars fine, for the patriotic purpose OF
testing its validity2 Suppose on being
tested, the law is declared constitutional
by the Supreme Court, what i the po-
sition of the President thenR 1hag OF
criminal convicted on his own admis-
sion, and liable to the sentence Of hve
years incarceration in common PRISON.
This testing the validity of the laws BY
violating them is rather dangerous
business, is it not ?
The President can no more cau IN
question the econstitutionaIityo of the law
[ he is sworn to execute, than a sheriff or
an officer of the police. The presump-
/ ton of validity, like tie presumption
/ of innocence in favor of those charged
/ with crime, renders all laws as sacred
and binding before their constitutional
/ ity is re-af5rnHed by a Court, as after
their validity is a second time deter
mined. This the President viii soon
/ find to be a solemn fsct.-C0I IWnlb1tS
/ Journal.