New-York tribune., 1868-04-23

sIssp, a. herein other x.s p1orad.d' -
Ontting for the moment notice the exception, there
can be No doubt that tlk provision would have applied
nc Secretary OF War, and 10 every other civil officer
tue removal OF Mr. StauOn during session Of the senate
misdemcaaor BY the law ana punishable as rs sIfa
proviso take the SECRETARY OF War out OK s grasp
That tSs ssrar t y, :. Of STATE. 80 rr.. w % S
and q Postmaster Gusrn, ard pc ASo.y GsnsI,
President have heon gpco.ed 'n one .1iS
she. subject rrHorsi BY and with tho advice 'a '
We maintain that Mr.. Stanton, as Secretary OF war;
was, the 81 day of March, 1861 Wthin anu iiicuuc
under the language OF the provioo, ana Was 70 nou o
office for and during the term OF tne PrsSdens ~ S; U
ject to removal however, by and with tne nVico M %
~ Then holding the Office OF Secretary of War, for and
i'm the term Of President Lincoln. by whom he had been
March, ls6S and would end the 4th OF March, 1869
The Constitution dennes the meaning OF the W1ru T
shall hold his oihce during the term OF four years,
ami together with the yee-President chosen i1r tne
the President elected may die during his term tne
Office and e term Of the Once s s1 II 81 n in sny DE
gree upon the circumstances whether ,he per
son elected 10 the term shall survive 10 the emu OF nu
II sti ia Presidential term IL still IN law the term
Of the President who was elected 10 the once ns
te same fern But IL is the tern, OF different ofoe
from that Of PreHdenthe term OF office OF vireriss p
sidrnt Tor the term OF four years. Mr.. Lincoln was
elected 10 the Office President for the term OF four years
Mr. Lincoln died IL ihe &c; second c month Oh hi' 'ef anu
IL was not "a office II was not new term ne suc
eeed@d 10 sir LncOlns Office, aud for the remainder of
Mr. Idncolns terms. He is serving out Mr; l.ncoihs
shall hold their cces respectively for and during the
term President by whom they may nave Decn hP.
MnTeh 1861 Mr. stanton WAS appointed by Mr.. Lincoln
he was in Office ia MI. Lncols torm when tue act regt
by the prvyiso OF that aet he was entitled TO hold na o
nee until mouth after the tth of March lsdg ah1ss @
he should be sooner removed theroron py anu WIN 'no
| advice and consent Of tbe Senate l.,
Tho act March ll92 concerning the succession IN
NJ nd
come vacant recognizes the Presidential term OF four
as the constitutional term Any % one can pres"nt
and yioePresdent and IN case OF new % Wy no
r ie remsndeT of the term But the act reeog
nizes mposbty Of tins course IN the section Whcn
dent and Vice President shall be elected Hhat IT, In case
OF election, as staed shall III ali cases commence
on the 4th day OF Mar next succeeding the day on
which the votes OF the electors shall have been gwen
IL thus seen that by an election 70 M M @
Government would be so far changed IN lts PIas'ea
working that the subsequent elections OF President eh-
cept by mendment 10 the Constitution couid sever
again occur In the years dvsbe by four. as at present
and might not To the election OF members O Tue
House OF Representatives, for the Pfeshenuai eieeons
might occur in the years dyislbe by two The Con-
eless i592 acted upon the constitutional doctto lnd
inc Presidential term 'fOur years ana cannot DC ena"sed
on the 2st Of February 1863 while the Senate OF the
limited states was session. Mr johnson. IN VIOLATION OI
the lawWhch we have already seen. Is IN set hhI
mouy IN this particular with the Constitution ana Win
the practice Of every Administration under the COsu-
ton from the beginning OF the GOveluinent-lssned an
order tho removal Of Mr. stanton from MS once as
rclory for tho Department Of War H. however, u DO
chained that the proS iso docs apply secretary
OF War then he does not within the only exception
made in the tho general provision in the Doay
! of the hrst section already quoted anu MI.
! stanton having been appointed TO office originally
| Inv aud with the advice and consent of the Senate.
could only he removed by the nomination ana ap,,
poinment OF n successor by and with the advice aud
consent OF the Senate Hence upon either theory II Is
plain that the President violated the Tenue OF once ACT
IN the order which issued On the 2ls day OF February
| A. ID 1868, for the removal OF Mr. stanton from the
office Secretary for the Department OF war; the ooh-
ate OF the United States being then IN session. a.,
la support of the have presented refer TO the
official record Of the amendments made 10 tue hrs. see
On of the Tenure OF ONCE act On tle leth o Jan!'
1851 the bill passed the senate, ana tho hrsl ecou hele
OF was In these words; ,..-,--,s,.,. =, II. r...
ury saw d the Interior The e1s'a
hy "a viii To-, the SesAte, AID ever
's1 1S I1 1 sfisIt % s, & ai bal be su .ah
uHi shall hi's been ia ss manner sPPoa aud d0P
ON the 2d day of February the House passed the pl
brackets This action shows that 1t the purpose o
the House 10 include heads OF departments IN the body o
Who were 10 1lh ar oIes % dmrfne the session OF
sSsssn % s ., 'n o noa % S ana With the avice and con
sent The senate only but subject to suspension under
the SECOND section during recess Of the Senate as ether
civil officers. by virtue ~ the words Mt the close Of the
section. except as herein otherwise provided AT the
time the b pending between the two Houses there
proyisO To the fist section. and the phrase ex
cept as otherwise herein pioviued' tialeu eeesy ,
10 the scCOud abd 10 tho subsequent setuois Vi tne
bill. On the 9Th Of February the Senate refused TO agree
% the House amendment and by the action OF the
two Houses the bill was referred TO Committee OF Con
ference The Conference Committee agreed 10 strike out
|
but ms recognition OF the opinion OF the senate the pro-
yiso Inserted which modified in substance the effect
only In this that the Cabinet officers referred to in tue
body OF tho section passed the House were to hold
their Offices they would have held them II the House
amendment had been agreed TO without condition with
this exception that they were to retire fro th r offices
by whom they might have been appointed TO Office The
%eh tie House cotehded was to avoid fastening. by
operation of law, upon incoming President the Cab
hct OF his predecessor with Of relieving him
unless the Senate OF the United states
was disposed to concur In their removal
end month after the expiration OF the term of the
President by whom they had been appointed and ia this
particular their tenure Of office distinguished by the
proyiso, from tue tenure by which other civil officers
mentioned IN the body Of the section were to hold Their
ace and their tenure OF office Is distinguished In no
other particular
pleased read from The GioJe the remarks made by Mr.
schenck In the House Of Representatives. when the re-
But he read only portion Of the remarks OF Mr. schenck
aud connected with them observations OF his own, by
schenck eneraieed tho opinion Ms TO the effect OF the
proyiso which now urged by the respondent but
far from this being the case the statement made BY Mr.
schenck TO the House exactly In accordance with tho
doctrine now maintained by the Managers on the part Of
made the remarks quoted 10y the counsel for the espon
soud Ee inquire the Who has . charge Of th,
us,hs ,hs. the senate shah concur a.
appointment without the Of 'he senasT
That the ease bat their ierns they
limited By aa that lhsy sIpls stl Tue term Of service Of the
other accident tho Incoming
| President"
| Mr. Ie Blond, continuing, said:
the the Committee
Of Conference: the President hudng himself With ta
ne, officer who does not sih him and whom be dees to remove
| less the shall
! 10 this Mr. Sohcnck replies:
gentleman Information
tbs sub has been fully debated IN this House
| Mr.. lie Blond said, finally:
Then hope the oss will not the report Of the Committee
| Of Conference
This debate in the House shows that there there
and then difference of opinion between Mr.. Schenck,
vho .d lhe NJ ha Mr. Iall