New-York tribune., 1868-03-31
NEW-YORK DAILY TRIBUNE TUESDAY MARCH 81. 1863

and OF no effect If It's decision did not eomport Win hs
views and nurpOses; and yet while ACKNOWLEDGING INC
intent was his mind to hold naught the Judgment ol
the Senate if 1t did not concur with his own ana leHHo %
Mr. Stanton at all hazards, and as charge ~ upon hn
here. fact no mah can doubt Wln tho iuh
also that the Senate understood at ne 's ,, tbus de-
tine provisions OF the Tenure eofOnee ACT, sun mus ue
cCiyng them, when called 10 answer loT NV" ILL., "
that act In his solemn answer nc MAKES tne ~ tb
avOwal that did not transmit 10 the Schte vi Iho
United States message wherein he mauc hnoMn .io
orders aforesaid and the reasons when lnauce & ng % %
far the respondent tnen e0hsueieu ~ " Is
necessary that the should 30 SET lOrln Iruo
there u NOT one NoI, Que iotte' , o i 0ood faith
message that the President was not acng IN Eqou ia ~
under the TenureOtOhce act ana uesrms ti u.o
United States, with determination 10 assert az al
hazards the tremendous power removal OF every oce
without the consent Of the Senate ana not nee To-
tcral necessary that the Senate should kho" ao & m
had suspended Mr. Stanton indefinitely against the pro,
visions OF the Tenure OF once act WIN @ Linen ri
hazards to remove him ana that the solemn t
OF the Senate, which the President OF the Uheu os
then calling upon them to make ~ mater Ol tne
highest governmental concern were only To- oe OF use IN
case they suited his purposes that 1t was not VI
futile and useless that the President was playing
fast aud loose with this branch Of the Government SOFT
before exercsea save by thimblesgers and shsrpers
II Andrew JohnsSn never committed any other onense
If knew nothing OF him save from thlS aVOWai
we should have full picture OF his mind ana ana
ever mistake his mental moral llneaments hereafter
Instead OF open and frank Dealing becomes the head
especially needfu from the hghss executive officer Of
the Government to the highest legislative branch thereof
instead Of o manly, straightforward bearing claiming
talned TO his high Office, and yielding the other
we find him upon his own written confession, Keeping
back his claims Of power concealing his motives.
SUc'' and sIibterfuge to do that as the ruler OF
great nation which, II II be done at all should have
been done boldly In the face OF day; and upon TINS posi-
ton he must stand before the Senate and the country
they believe his answer which do not that he had ri
they are not the snbterfuge and evasion and after
thought which criminal brought to bay makes to escape
consequences Of his acts Senator's ho asked yOd
for time IN which TO make his answer You gave him ten
days & ana th Is o e d ne vi aSs had yoa had
given him forty You show him mercy In not eAteDu-
ing the time FOR answer.
THE ArPorSrMENr OF THOMAS.
Passing from further consideration OF The Legality OF
the action OF the respondent in removing Mr stanton
from Office IN the manner and form ana win the intent
aud purpose with which IL has been done Let us now eA
Thomas Of tke United states Army as Secretary Of War
interim assume that II is not denied in any quarter
Rs iRs' mars ' Seoiaro Sa % Of %% aud stdd at al"
Is 10 DO 50 under some act OF Congress. Indeed,
appointment OF Gen. Grant nd interim he acted under
the act OF Feb lS 1885, and subject TO It's limitations ny
war usi statutes at Large page i5 "ln Of any
cancy no provision Is made Tor any appointment OF an
and papers are 90 be turned over Tor safe kcepne 70 tne
orovid fpr an nergency was attemnted Co be
rcmedied by Congress by the act oi May ~ lst stat
from the seat OF government, sickness OF the
socretary Of state Secretary OF the Treasury or OF the
secretary OF the War Department OF any officer OF
either Of the said departments whose appointment not
IN the head thereof Thereby H,g cannot perform the duties
oCer respcrc ooes il shall be law fu for the President
" the United States he shall think necessary, TO
authorize any person or persons at biz discretion to per-
form the duties of the said respective Offices until sue
be appointed until such absence or inability by
sickness shall cease" II will be- observed that this act
only whercby ne hcad or department any officer bi
o,o potorHl his duy bat makes no provision for va
cancy by removal. Two difficulties were found In that
provision O aY first that IL provides only for certain
enumerated vacancies; and also, il authorizes the Pres
dent to make acting appointment OF any person for
any etgh OF time. 10 meet these difficulties the act Of
18th February lis5 was passed Hst stat at Large 40
which provides I'm ot vacancy TheTc1y ne Seerea-
ries 0iy Ogcsr ot dty departments cannot perform NE
des Of hs oios me President may appoint any person
to perform tho duties Tor period "ot S.eeamg 80
mo,'ns- thus the law sJ9od as 10 acting
person to act m place OF The seectary ut the ioth OF
proved at that date u2th stat, $50. was provided
that no person acng lE slinns 10 81 as CIVIL mi
salary IN any Office which is not authorized by some
previously existing law The state ~ the law upon this
subject at that point Of time is thus In OF death
absence sickness, ~ any vacancy rhsrcby sccro
tary or other officer oi tho State War; Treasury De-
fa,msnt c5,,T nod u,rGr5, M, dfcs OF ne o0icc any
person could De authorized by the President 10 perform
r,f,s,ts - tre H. nor and me N,yv trnvlsl1p had
been made ur the appointment Of an Assistant sccretary
but 30 provision IA case Of vacancy In ms Office,
not authorized by law. fr9m recoiyiHs any s1,, ~
meat the case Of rcsigndiion OF any oihcsr 81
To- be detect Hlowsns ne president TO appoint Gny
Whether sn,h person had any ACQUAINTANCE with the
duties Of Tie department or not passed Feb
rnary - ia stat, y. 66, which provides that in
case ~ Tie death rcsgiaO absence from the seat Of
Government or sickness of the head OF an Executive
either of tho said departments hose appointment NOT
n The head Thereof vhsrety th,y eann1 pcrt9rm Ms
d,S NJ their rrspcc,e ogtc's 10 shall be lawful for The
President of the unted siac- In case hs shall thlrk Il
necessary to authorize the heed OF Hay o,ues exc exc
departments whose appointment N vested I'm the PIot-
dent al hs discretion; 10 perform 1ns dulles ci sHe
pointed, un suoh absence or inability shall cease
lbeieIoie ~ oAa9 " ,hS i VI
absence oi head OF an Executive Department whereby
the incumbent could not perform the duties OF his ohlce
the President might authorize Tie head OF another TX
ecuuNe Department to perform the duties oil lhe vacant
office aud lD Of ike disability Of any officer OF an
Executive Department other than tho head, the Prcs
dent might authorize ah officer OF the same department.
10 perform his duties for the space of sX nOnts III u
provision haue ior the cse OF y removal OF thhI any
body empowered 10 act for the removed oheer the
and papers only Does not this series of acts c0ncuvey
demonstrate legislative construction Of tho Constitution
that there could be removal Of the chief Of EXecu
uye department by tho act OF the President save by the
nomnaLion and appointment 9i o. ms sae;essof' u the
end Of the nsIt session n the vacancy happened
to the appointment Of MpjorGen Thomas Secretary of
War dd interim by Executive order Mr. stanton had |
neither died resigned not sick nor absent II hes
had becn under tho March 1868 which repeals
all inconsistent acts. the President was authorized only
10 appoint head OF another Executive department TO
I'LL his place al Interim. such not Gen. Thomas. He
simply officer Of the army, the head of bureau
under the law 10 be appointed SO that his appointment
illegal and rOd act There have been two cases OF
,iorin, appointments which Illustrate aud confirm this
position the the appointment OF Lieut. Gen Scott
Secretary Of War al interim and tho other the appoint
Inont Of Gon. Grant al interim upon the suspension of
Hr stanton IN August last. The appointment OF Gen.
Scott legal because that done before the restrain
Ing act OF March 1905 which requires the detail OF the
head OF another department TO act al interim. The APP
puntUont Of Gen Grant to take the place OF Mt stanton
duune his suspension would have been illegal under the
acts have cited he being Ocer OF the army aud not
the head of department II had not been authorized
by the second section of the tenure ofoyilOce nct
which provides that In Of suspension, and other
the Presldent may designate some suitable person tn
perform temporarily the duties Of such office until the
next meeting Of tbs Senate Now Gen. Grant was such
md,