The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-12

session Of the Senate Mr. stanton held under she
for the department. q Var could change the legal
q me- Ss . aasd % q
opinion the matter Of the nrst article is not at
fected by the facts contained IN Il that the PRESIDENT
suspended Mr.. stanton and sent notice OF the sus.
pension to the Senate and the Senate refused 70 con-
cur In that suspension In my opinion, that action
tenure Of Mr. Stantons ONCE AZ 1t subsisted BY hw
Ct the pleasure Of the President; or deprive the
necessarily arose rose rom that tenure Of ONCE
II the order OF the President to Mr. stanton was
the rst question under the second article Il whether
tne President did anything unlawful In giving the
order to General Thomas to perform the duties OF
secretary for the Department OF War al tNteyfD1-
TINS iI, was not an appointments TO ONCE It was
temporary designation Of person to discharge the
The distinction between such . designation and
appointment, to oace is in itself clear enough.
the act Of February is 1895. Many cases have oc
CURED in which this authority has been exercised
OF vacancy IN onces which the Executive cannot in
stantly Ill must be apparent to every acquainted
suppose that 9 reasonable question can be made OF
the constitutional validity OF law providing for
Hsh usS Tns and the aa
answer, says he was advised that this was
a subsistlng law not repealed. 1t may be a question
animation have been able to bestow upon the sub
ject am satisfied 1t has not been repealed do not
propose enter into the technical rules as to implied
repeats; it is q subject OF great difficulty and
do not profess to be able TO apply those
take only this p Prsa view OF s
was passed, which IT. is supposed may
have repealed the oct Of 1875, It Is beyond
the President and there might be the same necessity
for making temporary provision for discnarging tne
the act Of 1895 The act Of 1868 is wholly silent on
this subject why should say that public neces.
was p'U not then recognized, or Why should
say that II recognized It was intended !,t., by
s Of S sass Tor nS e
Of 1888 and the cases II provided for sec no 2, sr,
s 70 the of the
given by the act Of 1896 70 supply the temporary
cessties Of the public service In case OF vacancy
should be unable to convict the President of crime
because he had acted under the law Of l7ea.
Many cases Of ad interim appointments have
been brought before us In evidence. 1t appears TO
have been constant and frequent practice OF the
hot prepared to Ill an Office at the moment when the
vacancy occurred, to make an al Interim appoint
There we're 0ac IN
page 6s4 Of the printed record as having occurred
have not infinitely examined the evidence to follow
the practice further because 1t seems to me that II,
Mr. stanton, he might well conciude-7and that It
cannot be attributed To him as high crime and mis-
nate some proper ofcer to take charge OF the War
Department until he could send q nomination OF y
suitable to be and wn ZEN sa
did nominate for that office an eminent citlzen IN
whose loyalty to our country and In whose ntness ior
any duties he might be willing to undertake the peo-
pie would be willing to connde, can nnd no sum
Gent reason to doubt that the President acted in
| the laws Of the United States. Surely the mere
signing OF that letter Of appointment neither
Of f''D the ONCE named in 1t, or by, any
act Of force OF Violence Of fraud o. corruption VI
injury OF OF ey s VIII not Us 20 io pnce one me
fact stated In the second article 1t Is that the des-
nation OF General Thomas to act ad Interim as Sec
rotary of War made during session OF the Sem
ate. THIS requires but few words. The acts Of
Congress and the nature Of the cases to which they
intertns appointments in the session Or out
of the Senate. A designation Ia to be made when
sne not
state any additional views concerning the third ar-
for ad IN y g
fourth ith sixth and seventh articles charge con-
spracy. deem it sufficient to say that In my Judg-
| sentatives not only falls to prove c0nsp racy
between the President and General Thomas to re-
move Mr. stanton from ONCE by force or threats but
attach to that word. The President by written
stanton to cease to act as Secretary the Depart
| ment OF War, and informed him that he had ell
powered General Thomas to act as Secretary ad
tnterins The order to General Thomas empowered
him to enter ON the duties OF the ONCE and receive
Mr. sntSn the RSe aS n s
the use OF force, threats or intimidation stu less
that he authorized General Thomas to use any.
| do not regard the declarations OF General Thomas,
| az explained by himself as having any tendency
| even to fix on the President any purpose beyond
do that the orders Of the President for the removal Of
| Mr. Stanton and the designation OF General Thomas
| impossible for me TO attach to them any idea Of
criminal conspiracy. II those orders had not been In
my Judgment lawful should not have come to the
TO do an unlawful act was proved The eighth article
does not require any particular notice after what
ARTICLES because the only additional matter
contained in 1t is the allegation Of an intent to un
lawfully control the appropriations made by Con-
gress for the military service BY unlawrully remov-
Ing Mr. Stanton from the oice Of Secretary for the
lending war To- % $ en no ns
| given. The Managers offered some evidence which
they supposed misat have some tendency 70 prove
supposed means could not under any circumstances
be adequate to the supposed end, and t.e
for the removal OF Mr. stanton was not
an nraction OF the law, OF this article H. in
suIicent to support the ninth article. The President
as Commandcr-inChefo OF the army, had right 70 be
concerning which he Thought proper TO inquire. His
attention was called by one OF his secretaries ~
unusual orders. He sent to General Emory 70 make
inquiry concerning them. In the OF the con-
versation General Emory himself introduced the sub
jec which Is the gist Of the ninth article and md
what the President said to him nothing which ne might
| not naturally say In response to General Emory y
inquiries and remarks, without the criminal intent
| charged In this ninth article. / come now to tile
question OF intent, admitting that the President hae
no power under the law 70 remove Mr.. Stanton and
appoint General Thomas Secretary for the Depart
ment Of War al Interim. Did he issue these orders
with manifest intent to violate the laws anu the
constitution Of the United States as charged in the
article or did he issue them, he says he did, with
view to have the constitutionaty OF the Tenure OF
once act judiciay decidedf IL Is apparent to my
mind that the President thoroughly believed the
Tenure OF once act To be unconstitutional and void.
lie was 90 advised by every member OF his Cabinet
In February, 1857. The Managers the part OF the
House OF Representatives have put before us, and
made legal evidence In this case the message OF tho
President TO the Senate dated December IL 1857 In
that message the President declared that the Tenure