Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1868-04-08

'ny hHitary, or naval, at any aud all times
Oh aud fill the vacancies with creatures o.
:" his own appointment. for his own pur
no poses without any restraint by the Sen.
IT. ate or by Congress through laws duly Gu.
W. acted ? These eight articles aud the an.
III sweis thereto raise the momentops ques.
Is ton whether the presidential Office itself,
If If it has the prerogatives aud power
tx claimed for it, ought, in fact. to exist
ID as part of the Constitutional govern.
lie ment of free people while by the last
Y, three articles the simpler and less impor.
h tant inquiry is to be determined, whether
4 Andrew johnson has so conduc cd him
8 self that he ought longer to hold any
Constitutional Office. The former Of
o these questions is of transeeDdant impor.
lance, and whoever votes mot guilty"
upon the first eight articles votes to en-
chain cur free institutions, and to pro
strate them at the feet of any man who,
being President, may choose to control
them
The President Claims that this pre- oga-
tive was practically settled by the first
Congress of the United States, but the
power which he claims from the legisla-
tive construction of our Congress BY
vote of 81 TO 20 in the House. and tie
vote in the Senate has been denied by
another House of more than three times {
the mum Der of members by vote of | SO
to 81 and by Senate of more than '
double the number Of Senators by vote Z
OF IS to 10, and this too after the pres. c
dent had presented to them all the arpu d
ments ia its favor that he could find to a
sustain his claim of power. c
So far as the executive power of remov.
al is found at all in the Constitution II ia
an impartial one. either from ~ powe,
OF appointment, or because /" the execu D
tive power is vested in the President re
AS the power of appointment is restrain. C
ed by certai n Limitations. it is not rea. 70
'onable to suppose that the power of re.
noval is unlimited now, if the earlier IL
Presidents ever claimed any such unlim in
ted power of removal as has now been set r,
lp for by the President in his most re- ch
narkable and even criminal answer. The
'ower OF regulation of the tenure Of Office,
nd the manner Of removal has always :,
eon exercised byCongress unquestoncd
ntil now. and no bill was ever vetoed o.
a.. -, 'o'o0u ia
pom this account until now. Precedenta
how that Congress has on different occa
ons authorized the President to remove :.
Military or naval officers FOR certain rea-
:, '0"- cou
ms, plainly indicating that the President :,
lmself has not the constitutional power
dismiss such officers at pleasure. But
faras removals and dismissals are cor CUT
rned the Constitution makes no differ. mas
ice between these officers and those in CAT
&c civil service. {
If the Tenure of Office bill affected Mr., ed
anton's commission at all it must have atty
en- vacated either April 4, 1862, or on Boo
e passage of the act March 2, 1857. a de
ut the President recognized him as Sec. the
AIRY OF War after that, and If he shall eral
,ceed In convincing the Senate that curr
:. Stanton has been acting as Secretary will
War against the provisions Of the Ten. Jc
OF Ctflce act, then the President com. dian
tied an improbable offence in recog. ton
ing Stanton as the incumbent Of that conc,
&c contrary to law, But the President mort,
pended Stanton under that act, and quiet
is therefore estopped by his solemn gard
nal acts from denying the legality and COur
stltutional propriety of Mr.. stanton's N,
'tion' The as interim appointment of srso;
/. Thomas was illegal. because Secrc. -
stanton had not died or resigned. -,
her was he sick or absent from his nor,,
~ and also because Gen. Thomas was
Inc head OF another executive depart. ~
1t. Lieut.. Gen. Scott was once an. ..''
1ted Secretary of War ad interim. he. f"'"'
tbo ra,x;.;. w dent
iires the detail Of the head of anoth er -
artment and Gen. Grant was appoint =,
!" interim, upon the provisions of the IN
ure OF Ofhce act But if the President ''oh'
not suspend Stanton under that act. '"e =
his np poin,meDt of Gen. Grant was oh'''
ntborized by law aud violation Of io'ert
oath of Office. aud J!
he President urooo a.. yet k
re of office act to be unconstitutional. VIZ
ad right to violate it for the pur.
OF bringing the matter before tie A,
eme Court for its adjudication. Mr.. press
er claimed that the question Of the that !
titutionality Of any law of Congress peach
irrelevant one, because all the power moyal
ght IN the President to judge upon to any
supposed conflict Of an act of Congress Consti
the paramount law of the Constitu. lares
ah ban