Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-24

tbs Constitution OF tht luiteu otatof
mower 20 remove said Stanton from said
oilice was vested In the President Of the
United States; aud although this re-
snondeut was also OF opinion, as above
thown, that the case Of said Stanton was
n OF affected by the first section OF the
lavt named act; and although each OF
sa,d opinions had been formed by this
respondent upon actual use, requiring
him In his capacity OF Presidents OF the
United States 10 come 10 some judgment
or determination thereon; bus this re.
spoudent, the President Of the United
States, desired aud determined TO re-
oeiye, if possible, on questions OF
and effect OF said first SEQ
ton OF the last named act, and also the
broader question Of the executive power
conferred on the President Of the United
States by the Constitution Of the United
States TO remove any OF the principal
officers Of enc OF the Executive Depart
ments Cor any cause seeming to him sufii-
eient; and this respondent also deter
mined that IT, from any cause over which
he could exert no control, II should be-
come absolutely necessary 10 raise and
have in some way either. or both, Of the
last named questions, Il was in accord,
ance with the Constitution Of the United
States, and required the President there
BY, that questions OF so much impor-
lance, on which the legislative and exec.
utive departments Of the Government
have disagreed, and which involved pow
ers considered by all branches Of the
Government, during its entire history
down 10 the year 1861, TO have been con.
fded by the Constitution Of the United
States to the President, and 10 be neces-
sary for the complete and proper execu-
ton Of his duties, and should be in
the same proper, was submitted
TO that department OF the Government
intrusted by the Constitution with the
power, and subjected by il TO the duty Of
not only determining the final construc-
ton and effect of oil acts of Congress,
but TO compare them with the Constitu.
ton Of the United States and pronounce
them imperative when found in conflict
with that fundamental law, which the
people have enacted for the government
Of all their servants; aud to these ends:
First, that through the action Of the SEN
ate Of the United States 1t is the absolute
duty Of the President to substitute per-
son in place of Stanton, as one of his
advisers and q principal subordinate
officers, whose official conduct he was
responsible for and had lawful right to
and might be accomplished
without the necessity Of raising any one
Of the questions aforesaid. Second,
that if this duty could not be so
performed, then the questions, or
such of them as might possibly arise,
should be judicislly determined in the
manner aforesaid and that to no other
end or purpose this respondent, as
President of the United States, on the
18th day of August, 1867, seven days
after the reception Of the letter of said
Stanton, herein before stated, did issue
to said Stanton the order following, viz:
Here comes the Presidents order re-
Stanton and appointing Grant
Secretary of War ad interim, and Stan
tons reply.] And this respondent, an
swering, says it is provided in and by
the section of an act to regulate the
tenure of certain civil Offices that the
President may suspend an officer from
the performance Of duties of the Office
held by him for certain causes desg-
mated until the next meeting of the
Senate, and until the cause shall be acted
On by the Senatei and this respon.
dent, as President of the United
States, was advised, be verify believed,
and still believes that the executive
powep of removal from office, oonfided
70 him by the Constitution aforesaid, in
oludes the power Of suspension from
office, at the pleasure of the President.
This respondent, by order aforesaid, did
suspend said Stanton from office, not
until the next meeting of the Senate, or
until the Senate should have acted upon
he case, but by force of the power and
autnenty vested in him by the Constitu-
ion and laws Of the United States indeti-
nitely, and at the pleasure of the Presi-
dent. The order aforesaid was made
known to the Senate ofthe United States
On the 18th day of December, 1867, as
sill be most fully hereinafter stated,
The President CONCLUDES his respose to
The first article by denying that any and
all substantiative matters in said first
article, contained in the manner and
form as therein stated and set forth, DO
by law constitute . high misdemeanor in
Dftice, within fhe true meaning Of the
Constitution Of the United States.
The reading Of the Presidents answer
occupied an hour and half.
Boutwell,, on behalf Of the managers,
copy Of the answer, and said
it was their expectation to present their
reply tomorrow at one o'clock.
l[r. Eyarts then addressed the Court
IN relation to the period of time to be
allowed the respondent after the appli-
cation is filed and before the trial is to
proceed. he said the Presidents coun-
sci had been too fully occupied with the
of his answer to make eny
Hhateyer ior the trial, and
they therefore request that the Court
allow the President and his counsel
thirty days from the date Of the applica-
ton to prepare for the trial, aud mo
ton in writing to that effect was pre-
ssntsd and read by the Secretary.
Mr.. Howard moved that it lie on the
table until after the application is filed,
but withdrew it on Mr.. Bingham's an
nouncement that the managers were
ready to express their opinion on the
application.
Mr.. Logan, in behalf Of the managers,
said they voald oppose it, because there
was no reason offered for the delay, ex-
cept ihstthe Presidents counsel needed
time. he said they had had as much