New-York tribune., 1868-05-15

on removal 5 absolutely prohibited Vacancies IN once
ac5 ono Is by temporary appointment as provided IN
eon5ttnon during the recess Of the Senate ana he
oter by an appointment by and with the advice ana
sent Of the Senate during It's session. One might reas
t " suppose hat the construction Of this act was SET
ef 80 aI as The Senate concerned On the l2th or
December the President communicated TO the Senate the
IaG n9T oh t.e 18th preceding August ne 9ad sns &
le5enae assuming that Stanton within the protee-
ton Of the TenureOfOfce act, proceeded to consider
Presidents reasons and under the leadership Of the
Distinguished Senator from Maine Fessenden) refused by
noyer"heinng vote on 80 to to in SUSPENSION
Every one OK the majority then understood that the effect
OF JIs reGstabllsh Mr. Stanton in his office
uder the provisions OF the Tenure act On the
2 OF February 1863 the President Informed Senate
that he had removed Mr.. Stanton and appointed Adju,
the Senate proceeded to consider that communication
after prOtaeted argument decided by vote Of ~ to
! g. hat undCr the Constitution and laws OF the United
StCs the President has no power TO the Secre
tarr of War and designate any other officer 10 perform
tedutes OF that office at interim. Among those who
! tor rom Illinois (Mr TrumbuD Now after these pro
ceecings which go upon the grounds that Mr.
Stortou Is within the provisions OF the Tenure,oOce
act We are asked 20 eat up onr own words and resO
tOn aud stulty ourselves by holding that the act did
not apply to Mr. Stanton. President Johnson is also fully
committed TO the construction of the act On the
ia Of August he suspended Mr. Stanton, proceeding
provided for by the said act but otherwise unwarraned
by law, unknown TO the practice Of the Government
On the 4h day Of August 1861 he notified the secretary
| of the Treasury as follows: .., -,,., A..
"SE: compliance With the requirements Of the act entitled an
ad 70 rt The tenure Of certain cyl sse oa are hereby noa @
i one, a ~ ~, 81 a. =, I1y w. uen a - i.i,,s % ~
lie also reported his the Senate for the
pension of Mr. Stanton within twenty days from its
serg as r,0ulred by said act Having vauly tried TO
NJ Stanton by an Observance Of the act. he boldly
This he admits but says il was with view TO test the
oonstitutonay Of the act-fOrgetng it seems, that
such question could not possibly arise II the act did not
appiy to Mr. stanton To argue in Of these facts,
fia The President removed Mr. Stanton through mis-
taken sea that the law did not apply to him, Is rihng
vrrh common sense. Taking the ground Of the
President that the present is his Presidential
term then say, all ntens and purposes he has ap-
pointed Mr. Stanton Secretary Of War Time and again,
I'M official communications To the Senate, he has
declared r stanton be Secretary Of War; and in his
Message ~ December r. 1861 he submitted 10 the Senate
me question whether not Mr. stanton should continue
to Secretary Of War, and the senate confirmed hn IN
that position that without the usual forms there has
been That concurrence between tho Executive and the
Senate the SecretaryshIp Of Mr. stanton which the
Consultation cOntempates The commission is part Of
the appointment The Prcsdch cannot holt and treat
Hr SidHiOH as hes Se0tiuTB Of har tGo or Hffc yeds
and Nfi rhea questioned JOr Hiegai act up0t,
through such Secre deHy his oBciai character aid re-
ioi.0is. Ithe rd, ne PresdeidS secretary OF bar y~
purposes 6t Congress Much discussion has taken place
in this 10 the intent OF the President There Is
notLng of tbis question Ills intent was TO trans
Ter fbss War recruitment from T. NJ Stanton 10 some
and In defiance Of the will OF the Senate This Obvious
aud uudenabe, and every Senator must believe IT, The
petext that all his proceedings for the removal OF MI
FieDfon and the appointment Of Mr. Thomas to get
a lav sdt a shallow and miserable subterfuSc. one
question made Is, the President has not removed Mr.
Stanton Mr. Stanton was either removed, or he not
II he was not removed then the appointment Of Thomas
was clear violation of the sixth section OF tho Tenure
oi-Onoe act, for it was appointment. to hll va
racy Assuming that the Tenre-ot Mice act is valid
and applicable 10 Mr.. stanton then the President cOuO
not remove him suppose NJ stanton, 20 avoid conflict
uudrr the orders of tie 2st OF February had given pos
scs. OF the War Once TO Mr.. Thomas he would still
have been Secretary OF War because those orders were
illegal and VOID What the Touure-0fOhice law intended
10 prohibit and punish was, action OF the Pres
idcnt a. to removals aud appointments without
consent Of the Senate though Of course such action be-
ing IN c0ntravenOu Of the law, would have no force
great effort been made 10 show that the removal OF
Nr stanton and the appointment Of Mr. Thomas
insignificant acts. They might possibly De 80 regarded
If there harmony aud peace IN the country Con
rcs has passed laws for the reconstruction OF the States
lately m rebellion and tho execution Of these iali Wlln
the jurisdiction OF the War Department Ihe resident
holds them 10 be unconstitutional, and Is bitterly OIr
posed to their existence Mr. stanton is understood TO
the WAY Of the PTesidsnt and his removal and the APP
the lives and liberties OF thousands OF citizens and
perchance the peace and integrity of the nation Dur
tive power In Congress. In 1850, ho said
@ o., os o Er.'siatisSc, % can a, say time @ each him aod
Speaking again Of the Presi1ent ne says
60" contend that the removal Of eneroas ofee would sub
No man can deny that T. NJ stanton by INSTABILITY and
experience, his patriotism and personal Integrity, Is
etninenty fitted for the head OF the War Department
Andrer johnson remoced hiD, because his uibe, ding
LOCALLY made him obstacle 10 me P,csidefs aDji,
10 his piqcc q man ich0lty incompetent rhoss
only snera IS Gbect srr'hy 70 me 'eW Of ms moster
II James Madison icds nudge here toaag ne Co9G
rOis JOr impeachment upon hdt 0Oi'hd alone We nave
been earnestly warned by the Presidents counsel not TO
encrOach upon the Executive Department OF the Govern
ment Considering that the President usurped the legis
lnve control and reconstruction OF the states lately IN
rebellion that he by his confidential counsel
10 say what he has before said that there no Congress
aud we are Senate; that without acknowledging
authority he appears SIMPLY TO avoid elyll
commoton. and We are prepared to appreciate
I am surprised 10 lind 80 many are holding the opinion
that the President not mpeachable Tor any thng that
the law does not declare crime or mlsdemeano that
he cannot be mpeached for violation 0f the C0nstltu-
ton suppose ne should declare war; OF borrow money,
or levy taxes without anhotl Oh law - ,hgro ] h1 rem %
edy suppose that Tor partisan purposes ne shou NetO
all acts of Congress Or IN some mad freak pardon All the
enness and debauchery ne should become incompetent TO
perform the duties OF the office l. Congress bound 10
Tolerate Wckcdness corruption and te3cheiy Ia the
Executive Office long as there Is no violation OF penal
statatcl shall vote orconylcon on the Tenth Article
Whenever the chief Magistrate OF tins country whose
wisdom aud virtue ought 10 eNalt lhe hauOn' Hahesa
public basphemer Of himself and going about the cOun
mob violence and murder. think ne ought 70 DC re
moved from Oce There question OF taste, OF good
speeches crimes when they were delivered they
took tho wings OF Ihe WIND; they We're
1hey impaired Ioldesy 10 rioience and ifceiJe, dd mare
itte doubt mat many poor man - SleepgX ~ Cioody
and relations impose restraint upon the Hetuom OF
speech we'll upon the freedom OF action suppose
Judge OF the Supreme court should go ABOUT mah,,ug
speeches aud telling people that reconstruction OF other
acts OfCOngress void, aud that ne would so decide
when opportunity should arise s there any aU1Ot ia tao 40
he could be impeached for conduct SO indecen ana so
disastrous 10 the peace and good order OF society," west
Humphres United states District Judge for Tennessee
was convicted BY unanimous vo9 OF inc oehato VI nR
crimes and msdcmeanOrs for what he sad in pubic
speech the city OF NdsnNlle on Zuth
1880 Whether Andrew johnson shall be removed from
office not is the least question IN ths ease,
made up az issues are To a0qt Is 10 decide that the
President may any time irrespective OF the provisions
OF the Constitution, ana in open ana unasguSeu oV
tempt OF the authority and the will O the Senate remove
from and appoint Office TO acQVt Is 10 hod mat Me
Lrs 0rhe land not ,ohdl uey are urtsh dooh n Me
statute books OF me country bn are lprfhe' ana may
be me uHLnotcH triH OfOpe Who happens TO FH me
Ercire oice Of The nation All courts may take gudlcal
notice OF history and by what have right to know ia
this ease, 1 have been s0rrowtully and reluctantly
brought TO the conclusion that Andrew Johnson s pau
man that the policy OF his administration mas peen 10
rule or rum that has endeavoTed by usupaon ana
abuse Of his veto to subordinate the legislative TO ms per
views aud purposes and that his Official career ana
eNn ninre degrade, and ucmOfnllIe