The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-05
GENERAL BUTLER'S SPEECH
fContinued.l
NIB. srAsros's APPOINTMENT.

tOOubnuca.J
nR. STATIONS APPOINTMENT.
By whom was Mr.. Stanton appointed? By
Mr.. LINCOLN. Whose presidential term was
he holding under when the bullet OF Booth
became proximate cause Of this trial? Was
not his appointment in full force at that hour9
Has any act Of tho respondent up to the l2th
day of August last vitiated or interfered with
that appointment? Whose presidential term
is the respondent nov serving ont? His own
or Mr.. Lincoln's? If his own. he 10 entitled
to four years up to the anniversary OF the
murder, because each presidential term Is four
years, BY the Constitution, and the regular
recurrence of those terms 10 fixed BY tho
act Of Nay 8, 1892.
If he is serving out the remainder of Mr..
Lincoln's term, then his term of Office ex>
pres on the 4th Of March, 1869, If it does
not before.
Is not the statement of these propositions
their sufficient argument? If Mr.. Stanton's
commission was vacated in any way by the
..tenure~of-ofice act, then il must have
ceased one month after the 4th of March,
1885, to-wit: April 4th, 1855. Or, if the
tenure-of>ofice act, had no retroactive
effect, then his commission must have ceased,
if it had the effect to vacate his commission
At oil, on the passage Of the act, to-wit, March
ID. 1867 and, In that case, from that date to
the present he must have been exercising his
office in contrayention Of the second section
of the act, because he WAS not commissioned
in accordance With its provisions. And the
President, by ''employing him in so doing
from the End March to 18th August, became
guilty of high misdemeanor under the pro-
vision of the sixth section Of said set &C
that If the President shall succeed in con.
vincing the Senate that Mr.. Stanton has been
acting as Secretary of War against the pro-
visions Of the ''tenure of-ofice" act, which
he uill do if he convinces them that the act
vacated in any way Mr.. Stanton's commission
or that he himself was not serving out the
remainder of Mr.. Lincoln's Presidential term,
then the House of Representatives have but
to report another article for this misdemean-
or to remove the President upon his own
confession.
II has been said, however, that in the dis
cnssion at the time of the passage of this law
observations were made by Senators tending
to show that il did not apply to Mr.. Stanton,
because it was asserted that no member oil
the Cabinet Of the President would wish TO
hold his high place against the wishes Of bis
Chief, by whom he had been called into coun-
Gil and these arguments have been made
the groundwork Ut attack upon q meritoriout
officer, which may have 50 influenced the
minds of Senators that it is my duty to OBJ
serve upon them to meet arguments to the
prejudice Of my cause.
Without stopping to deny the correctness
OF the general proposition, there seems to b.
At least two patent answers to it.
Mr. STANTON OUGHT TO REMAIN.
The respondent did not call Mr.. Stanton
into his council. The blow of the assassin
did call the respondent to preside over I
Cabinet Of which Mr.. Stanton was then an
honored member, beloved Of its Chief anc
if the respondent deserted the principles I'M
der which he Was elected, betrayed his trust
and sought to return rebels, whom the valoI
of our armies had subdued, again into power
are not those reasons not only why Mr.. Stan
ton should not desert his post, but AS true
patriot maintain it al the more firmly against
this uniooked>for treachery?
1t is not known to you, Senators, and to
the country. that Mr.. Stanton retains this un-
pleasant and distasteful position, not of his
own will alone, but at the behest of ma
jority Of those who represent the people OF
this country in both houses of its Legislature,
and after the solemn decision of the Senate
that any attempt to remove him without
their concurrence is unconstitutional and I'M
lawful
ANDREW JOHNSON EsToPrED
To desert it non, therefore, would be to
initiate the treachery Of his accidental Chief.
But whatever may be the construction of the
!" Tenure of Civil Office Act by others, or
rs regards others, Andrew johnson, the re-
spondent, is concluded upon it.
He permitted Mr.. Stanton to exercise the
duties of his office in spite of it, if that Office
were affected BY it. He suspended him un-
der its provisions he reported that suspen-
sion to the Senate, with his reasons therefor
in accordance with its provisions and the
Senate, acting under it, declined to concur
with him, whereby Mr.. Stanton was reinsta.
ted. In the we'll known language of the law
is not the respondent stopped BY his solemn
official acts from denying the legality aud
constitutional propriety Of Mr.. Stan.op's POI
sition?
Before proceeding further, desire most
earnestly to bring to the attention of the Sem
ate the averments Of the President in his an
swer, By which be justifes his action in at.
tempting to remove Mr.. Stanton, and the
reasons which controlled him in so doing.
De claims that on the 18th day of August
last, he had become fully Of the opinion II
ne mad the power to remove Mr.. stanton ar
any other Executive o1ioar. nv -.
from Off - -. s.spepe hili'
. 20 appoint any other persof
n act instead g indefinitely and at bis ples ..
n,e y thai he was fully advised and believed
- he etill believes, that the Tenure o. Civil
Ofs;ce Act was unconstitutional, imperative,
and void in all its provisions; ana that he
had then determined at all hazards, if Stan
ton could not be otherwise got rid OF, TO re-
move him from Office in spite Of the pros,s-
iona of that act and the action of the Senate
under it, il for no other purpose, in order 70
ra,se for judicial decision the question af.
feeling the lawful right of said Stanton to
persist in refusing TO quit the Office.
Thus, it appears, that with full intent TO re.
siat the power of the Senate, to hold the
tenure OF Office &C. void, and to exercise THU
i,imi,able power claimed by him, he did sus'
pend Mr.. Stanton, apparently in accordance
With the provision Of the act; he did send
the message TO the Senate within the time
prescribed BY the act; he did give his reasont
for the suspension to the Senate, and argued
them At length, accompanied BY what he
claimed 70 be the evidence Of the Official
misconduct OF Mr.. Stanton, and thus invoked
the action OF the Senate to assist him ia DIS
plscinss high officer OF the Government I'M.
der the provision Of IN act which be It thai
very moment believed to be unconstitutional
imperative and void, thereby showing he VA
willing to make use Of . void act, and the
Senate OF the United States ~ his tools, d
do that. which he beloved neither had any
constitutional power to do. Did not ever
member of the Senate, when that message
came IN announcing the suspension Of Mr.
stanton, unders.and ard believe that tht
PresId snt Vas acting 10 this case a he had
done ia avery other cass under the p.oyis;oaa
Of this ACT ? Did not both sides discuss nv
question nndsr its prcvinons? Would an,
Senator upon this door, on either aide, al
mean himself - 70 consider the question on<
momsss il ~ haa knoss II vas thsn within
the intent and purpose Of The President Of tn
United Statss to trsat the deliberations md
action Of the 6snats q void and az none o.
sect II its decision did not composs with hil
news and purposes; and yet, vhile sekn0vl.
soging the intent pns il his mind, to hold
= nsught he Judgment Of the Sensle. 4 4
did nos eoncue nth bic osu, a. remov.
NJ. 0tAnton, - III hasartu. ana ~ 1 $780,
upon him hers, - I fact 10 ~ ~ Sc-ts
With the full knowlsdes also thef ~ es.sss,
understood tha1 b was ec1;n~ ...ss. - Z
peovisions u fAs Tsosrs Of oMc. ~ S;,,
thus deeeiviag them, whea- oaIlsfn 49,. ~ ~.
. violation Of tAat ~, 10 his suleoe ess-~
- nakee the n656ae asoWal shea ~ III
honamit 70 he Dsnate u The Usitsl 0.sass
. "meaaass shaaoin - Aais knewn the a.
1es Aensseaid end III Fenoons which indncsd
tne sa9e, - f. = IL roepon1aas th1u eon-
eadefed = mae6Eial and eeeorv 81 fla
ssns sheoId b ~ fossh." Ifxe b +. tAera
= - 90 voed. 90 letta. a. ina1foa15nn fs
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