Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1868-03-04

competent officers and has never been acted up
| on. Hence there Is no power in the President 10
create a new department. Now, sir, why was i,
created2 The departments already existing were
sufficient for all purposes during the progress OF the
most gigantic, unnatural and terrible war when
the world has ever witnessed and when peace has
come, and the Army been reduced from over one
million TO forty-two thousand men, IL is difficult TO
conceive how the condition Of the Army or the
country demanded new department. L am not
prepared to say, sir that the act of the President,
in and Of ITSELF furnishes ground for impeachment;
but for a moment, SIR let me examine the motive
which prompted him. During the recess Of Con-
grcss Mr.. Stanton had been suspended and Gen.
Grant been appointed Secretary Of War ad inter
in. The reasons for the suspension Of Mr.. Stan
ton had been presented to the Senate and by them
deemed insufficient. This action Of the Senate
restored Mr.. Stanton Gen Grant, in conformi-
ty with law and with his duty as soldier and a
citizen, permitted Mr.. Stanton to resume his port
folie and here we first find the motive which ac-
tuated the Presidents for in the correspondence
between the General Of the Army and the Presi-
dent, it is claimed by the President that General
Grant had promised that in case he should deem
it his duty to permit Mr.. Stanton to assume the
position Of Secretary Of War, il the Senate should
Judge the reasons for his suspension insufficient,
be would deliver the keys OF the War Office to the
President in season for him to appoint another
I
force an attempt by Mr.. Stanton to enter upon the
duties Of the position General Grant, in the line
Of that straightforward honesty which crowns his
character as a man, Of that unyelding fortitude
which makes him the greatest living hero, Of that
strong common sense and judgment and intuitve
perception Of the right which gives him great in
tellectua and moral power, obeyed the law rather
than follow what seemed to be the improper wishes
Of the President. The President found in the
General Of the Army sterner stuff than he antici-
pated, and some plan must be devised for the ex-
| ecution of his plans With the old Roman in the
War Office and the law-abiding Grant at the head
Of the Army the President was 'bottled up" by
| the law creating the grade Of General OF the Ar
ms his headquarters are confined to Washington.
| To send him away was impossible; to have illegal
orders executed through him was equally impossl-
| BILE. Hence the necessity of creating new mill
tary department with headquarters at Washing
| ton Now some General must be placed in com
mand. There are plenty Of them Of sufficient rank,
/ but that will not answer the purpose, for the
| General OF the Army would be chief and orders
/ must 20 through him. To obviate this difficulty
| the plan was devised to give to the Lieutenant
General the brevet rank Of General, for under ar
my regulations an officer may be assigned to q
/ command in accordance with his brevet rank. n ow
the drama is complete. But, thanks to the gallant
/ and heroic Sherman he spurned the gilded bait,
aud the play failed. Hamlet had dropped out.
/ Another General was approached. The old pet
| and bosom friend Of the President the hero OF
/ Nashville. General Geo. H. Thomas, who believes
| in Congress and the law, approached and two
! breyets we're offered him. and he, too, declines
the honor Is it wonder that our Army clothed
themselves all over with laurels under lead of such
noble men? Why should the President be un-
willing to execute his orders through Gen. Grant
/ Has he done wrong? Has he been insubordnate
/ What court was to Judge whether Edwin Nj. Stan
] e. ~ War; Tho Senate of the
! United States and from. their decision there was
| no appeal He executed the behests Of the high
\ est court for that purpose in the land, and SIMPLY
did his duty. Now, sir, the only hypothesis upon
which can account for the creation of this new
military department and the comforting OF brevet
rank OF General is that the President must nave o
department, with Washington for headquarters,
and some General Of the highest grade known to
the law, always present and plant or devoted
enough to execute his orders, whether lawful or
unlawful ready at the word Of command to pre-
vent by force a man declared by the solemn lndg-
ment Of the Senate TO be Secretary OF War from
entering his Department, or who by force will
eject Secretary OF War when he Will not abdl
cate at the illegal summons OF the President. Il
/ this is not high misdemeanor then do not know
what misdemeanor is.
We next come TO the removal of Mr.. Stanton
during the session OF the Senate. have no time
SIR to discuss the legal question, whether by the
Constitution the President has the power of reno
val during vacation Great diversity of opinion
has always existed upon that subject, and res
pectable argument may be made either way. But
sir, tc my knowledge, it has never been contendec
that the Executive had the power of removal dur
ing the session Of the Senate. The only cours'
which he can pursue is to send a nomination Il
the Senate, which, if confirmed, displaces the per
son in office, and which, il rejected, leaves th'
officer in possession. Sir, the whole difficulty i
II. IL. aI ht ba ~
of March 2, 1867, which repeals the laws of 1883
1902, and 1875, and declares that certain officers
( and among them the Secretary Of War, shall no
be removed except by and with the advice ant
consent Of the Senate; and that every removal
appointment &C., shall constitute high misde
meanor Gentlemen say the act IS uneonstitutlon
al and the President had right to disregard 1t
But the President is precluded, for he has alresd
acted under it, thereby recognizing its binding
force, in suspending Mr. Stanton, and sending
his reasons therefor to the Senate. He could no
Justify that action under any other law. lie ais
recognizes the validity Of the law and the actor
Of the Senate in Mr.. Stanton's removal, when b
declares that he is removed from the Department
of War.
He has also committed misdemeanor in thu
appointment Of Gen, Thomas dd interim; bu
time will not permit to pursue the subject.
Sir, it is a solemn duty that we are called upol
to perform. No man regrets its necessity NOR
than do. The Presidents best personal irlen'
would not have been more pleased than l to hay
seen him remain in the Executive chair until tn
end of his constitutional term OF office. My po
litcal sentiments would have differed from his
but, SIR diversity of political faith never affect
my personal relations. | should have respecte
and befriended him, though he disagreed with me
had he not assumed perogative dangerous to th
liberty of the people. IL is the beauty and powe
OF our system that the highest and the lowest ar
alike protected by and amenable to the law. Their
is but one body which can pronounce law made b
the Representatives of the people unconstitutlon
al That body is the Supreme Court of the Unit
cd States. To high and low, to rich and poor,
the President and the beggar, the law must be 50
cred and supreme, and the President no more tha
the meanest beggar can be justified in saying ths
law is unconstitutional.
The delcately adjusted system OF our Govern
ment can never endure so violent a shock. Th
executive, the judicial, and the Legislative eac
have their independent powers and duties, and
their execution each should be untrammeled. Th
President Of the United States, assuming an VI
authorized power, has knowingly and willfully an
wiekedly disregarged and violated the law OF u
land and in view OF it we must do our dut,
The effect of our act upon the future OF our cour
try it is not for us to foresee The present an
its duties are our care the future is in the hant
Of God II we trust Him, as our fathers did, a
will be we'll. The threats Of the gentleman fro
New York do not intimidate me. Our constit'
ents are looking upon US. and expect that evel
man will do his duty. The commercial centers 4
a few days may be ruhled. For time our sec