Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-01-08
THE CASE OF SECRETARY STANTON.
Senator Howard's Report.

Senator Howard's Report.
The report of Senator Howard in the case of
Secretary Stanton, considered by the Military
Committee yesterday. and which will be laid
before the Senate IN executive session to-day, Is
very long, covering upwards of n hundred
sheets OF foolscap paper. The following is an
abstract of the document:
On the l2th OF August last the President of
the United States suspended from Office the
Hon. Edwin M. Stanton. Secretary of War IL
was during the recess oi the Senate. and, as the
tenure OF Office act OF March ., 1867, requires
the President has sent 10 the Senate a mcssag..
reporting 10 them the suspension, with the evil
dence and reasons for his action in the case
He designated Gen. L. :. Grant to perform
temporarily, the duties OF the office and Cen
Grant has since acted in that capacity.
Inc committee here quote the second section
OF the tenure of oic act, and say:
FROM these provisions il is entarely plain that
congress, IN the act referred TO, intended that
no removal of such officer should take place
put ny the consent OF the Senate, or any sus-
pension from office of such officer except for
his misconduct in office, some crime, or on
account OF some physical or mental ,ncapacitv
or some legal disqualification. The act re-
quires that before the President can order such
suspension, he shall have evidence satisfactory
TO him that some one of these causeseNists He
must be satisfied with the evidence. and the
evidence must be such az tends TO establish the
existence OF some one OF those distinctly enum-
Grated causes, and not merely that there is a
difference OF opinion between him and the in
CuiuDent- or mere mutual dislike
i our committee do not stpp 10 discnss the
consttutonality of the Tenure OF Office act
Mr.. johnson, Notwithstanding his strenuous
opposition TO and his former veto of the meas
ure chiefly on the ground of the want of con-
shtntional warrant has, by his proceeding
now under consideration, recognized its bind
ing force. He has adopted il as the ,uIe of his
conduct, by actually using and employing the
power created ana existing only by the act it.
self-thp power of suspension: and n only re-
MAINS Tor us to give our views OF the suriciency
OF the evidence and the reasons on which he
relies TO Justify his action
To this duty now address ourselves
careful perusal of his report 70 the Senat..
SHOWS that hlS first or general reason for the
suspension OF Secretary Stanton was, that he
refused 10 resign hen req ues ted, and stated IN
his reply TO the request. that public oonsidera-
lions OF a high character, which had induced
him TO continue at the head of the Department,
meeting of Congress.
The correspondence is as follows
On the 5th OF August, the President addressed
hlm the following curt note:
"Sir: Public considerations of the highest
character constrain me TO say that your resigna-
tlon "a Secretary of War will be accepted
This was saying TO Mr.. stanton in plain lam
euage: "four continuance in Office is in furious
10 the highest interests Of the countrvn Had
Mr. stanton been guilty of official misconduct
had ne committed some crime, OF had he be-
come lncapacltated or disqualified for the per-
formance OF his duties as the law contemplated
this note would have perhaps been faultless in
point o. ofhcial courtesy; but nothing of the
blnd Was intended the style OF the communica-
hon we think was abrupt and overbearing
and such as 10 excite feeling. The law pro-
tected VT. stanton la his place He had exactly
the same right To II as MIR. johnson had to his
On the same day MIR. Stanton sent 10 the Prpsi
dent the following reply:
Nv AR DEPARTMENT, Aug SIR: Your note
mas been received, stating that public conside-
r'illons OF 4 nigh character constraIn Won to
say that my resignation as Secretary of War
Will be accepted. In reply, have the honor 10
say that public considerations OF a high charic-
ter, which alone have induced me to continue at
the head of this Department, constrain me moi
TO resign the office of Secretary OF War before
the next meeting OF Congress-"
And thereupon and without any further COR
Repentance. intercourse or explanation. the
President, on the 18th of the same month Sus-
pended him from his office. The order of sus
pension was made. putting Secretary Stanton
out ana putting General Grant into the Office
before the writing of the letter of the 18th hy
Mr johnson, and Secretary Stanton's reply of
tne same GATE. so much commenced upon in
the report, and which We are about to notice
Mr.. Johnson, IN his report. as one princins
reason Tor the suspension. charac terizes the
note OF secretary Stanton as "a defiance and
something more. IL was no defiance. What
II asserted was plainly this, that those .spubiic
considerations" which moved Mr.. johnson TO
desire to get lid Of him Were those which in
dueed him to remain. The fact was already
made public by MIR. johnson himself that in
The Cabinet council, the preceding June Secre
tary stanton had dissen'ed from the opinions
OF the Attorney General in reference TO the true
ms anlng and effect OF the reconstruction act of
March 2d and March I'D 1867 which opinions
Mr.. johnson had adopted and acted upon The
Whoie country had seen that if those opinions
We're carried ont In practice, as Mr.. johnson
proposed they should be, and as he instructed
his suborGinates 10 carry them out the pIa,n
intention of Congress In regard to the recon
strnction OF the rebel States would be defea led
Secretary Stanton had expressed his dissent
from those opinions. and refused 10 counteuance
an artifice which had occas ioned the assemblinr
OF Congress on the 3d Of July Congress 10 The
exclusion OF all other business passed at that
meeting third act on reconstruction. setting
aside the dangerous interpretations of the Al
torney General OF the previous acts A. no
had done to the former bills, MIR. johnson had
vetoed THIS also 1t was notorious a. tine
elaborate Netocs. aided by his speeches and
conversations and the corps of presses in his
interest could make il. that he was strongly
opposed to everything of the kind. and that h,.
intended TO render all such legislation abortiye
de had not only used his in uence and natron
age to that end. but had strenuously Opposed
denounced, and endeayo ored 10 defeat and even
TO veto the amendment TO the Constitution
known as article lith, passed June 10th Js66.
intended AT that time as a basis OF reconstrue,
uoh. ms whole course OF conduct was notori-
ously IN open, violent antagonism to the will
OF the nation, and as expressed by the two
houSeS Oh congress, erincIng ~ times a dispo-
slton, unawed by the Constitution and his oath
OF ofhce, 10 disregard their egislaton. and even
10 disperse them and seize, il possible the rains
OF absolute power; and many of the wisest and
most paifiouc IN the land Were filled with an.
prehe ions by his angry fulminatious Ssc
relary Stanton. on the other hand favored a
faithful execution of these acts They were
laws OF the land, and he would not seek To de-
feai Their object by any means, direct or inrii
rett, and he had reason TO believe, and did be-
heYe, that If he resign his post Mr. Johnson
would I'LL the vacancy by the appointment of
some person in accord with himselfin his plans
OF obstruction and resistance to the will of Con.
eress. Such appointment would, by the Con-
sutution, nave remained in force until the end
OF the session OF the Senate. The Senate was
not 10 meet on the 2lst OF November. and The
session would not probably have expired I'M
III the first Monday in December, the com
mencement OF the next regular session of Con.
gress.
Thus the appointee would have remained in
office four months. during which the reconstruc
tion acts the registrations and several elections
were to take place in the rebel States Ii was
undoubtedly the ann of Mr.. johnson If we may
Judge of his previous conduct, to avail himself
If practicable, of this lapse of time TO carry out
his scheme OF obstruction, and by every means
in his power and they were many, to hinder
and thwart the intended operation and effect OF
those statutes.
That this startling purpose of Mr. John SON
was formed on the difference of Opinion 1ss
tween him and Secretary Stanton, is Sufficiently
sustained by the fact already referred TO: and
still more significant is the fact that the renort
before us does not undertake to state what ya,I
difference Of opinion there was. Its daring
was not quite equal to this. Ii nowhere sats