Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-03-20

Is thus stated Ia the Constitution eth,
President shall have power to fill up all tbs
rsoalcies that may happen during the reces
Of The Seslate, bY granting commission
which shall expire at the end of the mex
session. 1t Is well known rule Of con
strnetion that the specification of a partieu
lar authority excludes a general authority
1T, as the Presidents friends contend, he il
armed, as a necessary ingredient Of the gen
eTal executive power, with authority tC
4 make vacancies and fill them during the sit
| ting OF the Senate, or otherwise, at hi.
/ pleasure, this clause expressing when and
how he may sll particular vacancies Ii Idle.
Leaving out OF view the Act Of 1867, above
I quoted, 1t may be affirmed that there Was
\ no vacancy in the Office Of Secretary 81
War; and # there were, il dia not occu;
4 during the recess of the Senate. Mr.
i Stanton was in possession Of his Office dur.
Ing the sitting of the Senate, and his re-
moyal was attempted at this time. The
I case, therefore, has no connection With the
sixth section Of the Tenure-O Office Act.
! 1t Is contended that the proTiso In the
/ act Of March 1861, suppoSes that the Sec
I retary Is thus removable. To this we have
two answers-hrst, thai the very opposite
was intended, as the President well knew
( and 50 decided: and secondly, that Is not 10
/ the power of Congress to cenfer on him
alone this authority. The Constitution il
| the section Immediately preceding the one
! already quoted, Z ?, art. 2, provides that
the Congress may by law vest the appoint
ment Of such Syfferfor officers as they think
j proper IN the Ffesideat alone, in the Courts
Of law or in the Heads of Departments.
| The War Department, being a known ana
( recognized department in all important
Governments, could net have been referred
TO under the head of inferior officers"
and hence the appointment Of Secretary of
Nar-an office not mentioned in the Con-
/ stituhon-is not embraced 10 this provision,
but belongs TO that intended in the next
preceding clause, as follows ''he (tbe Pres
l5entl shall nominate, and by and with the
advice aud consent Of tie Senate shall ap-
point ambassadors, other public ministers
and consulss judges of the Supreme Court,
and all other officers of the United States,
toilose appointments are Rot herein otha1riSe
IrQrlated for and uhich shall Je established
by laac
The clauses the executive power shall be
vested IN a President, and that he shall
take care that the laws be faithfully execu-
ted, can not be deemed to override the
effect direct and Implied of these special and
definite provisions. They limit the power
Of the President acting sinely TO make ap-
poIutments, on rather 10 grant commits
sIons for such IS the language) to cases
OF vacancies that may happen during the
recess OF the Senate, aud they also limit
the power of Congress to 'inferiorofficers,
as those, the appointment of which may
be vested in the President, etc
lt is clear therefore, 20 Us that Hamilton
was correct in saying that By the Constitu-
ton the consent of the Senate is necessary
to dIsplaee as well as appoint If such ia
the case this consent can not be dispensed
With by act Of Congress. 1t Is unnecessary
10 consider whether or not the President
had power to suspend the Secretary Of War
under the sixth section Of the Tenure-of-
Office Act, Is this was no, the character Of
tie late proceeding. Was the President
guilty Of an impeachable ofFense in attempt
ing, during the sitting Of the Senate, to
TeRtOCe AlT- Stanton, and put Major Gener-
al Thomas as Secretary ad intatB5 in pos
session OF the War Department. a Secre-
tary Gd interim, except in the contingencies
OF suspension Of the chief officer, is un-
known to our laws. The act creating the
Department provided that, in case Of va
cancy, the chief clerk shall act till the
vacancy Is filed. 1t was an attempt,
therefore, TO place a wholly irresponsible
person in a position Of high trust, which Of
itself is an impeachable offense, even if the
other IS not. The removal also was ia Open
aud clear violation ofwhat Congress intend
ed By the Tenure of Office Act. To fxthe
tenure Of Office is legislative power and
duty, and as the Secretary of War is an Of
icer created wholly in Congress, it is com
peteut for Congress TO prevent bis removal,
g IN al !
poiutment-that is 10 say, bV aud lglih the
adCice uad consent Of dc Senate Such is
the act. X was passed in precise conform
ity with the Constitution, and declares that
its violation shall be deemed high misde-
meanor The President is brought, there
fore, within its provisions and, when the
attending circumstances are considered, the
violation should be treated as willful At
the time Of General Grants appointment
as Secretary of War ad jlteJiBl, Mr.. STAN
ton had teen suspended under the sixth sec
tion Of the Tenure of0fiice Act, which pro-
vlded for such suspension IN case Of mlsc0n-
duct 10 Office, or for crime, or for incapa-
bility, OF for legal disqualification. The
suspension of any Of these supposed causes
asas, as the country well knows, a fraud
upon the Act, and he was restored by a vote
cf the Senate On the 2lst February the
President, instead Of proceeding to repeat
the otfense, notified Mr. Stanton that he
was renoUed, and he soinformed the Senate,
and also that he had appointed Major Gen
eral Thomas Secretary dd iateInl, an ap-
poIntment under the circumstances wholly
without precedent or authority The cor
Tespondence at the time of several newspa-
pers in the interests Of the President proved,
after Major General Thomas's failure was
known, that the latter had proceeded un-
skillfuily and inefhciently, or be might, they
suppose, have obtained possession and Sc
cured complete command Of the Depart
meDt. The frequency and uniformity Of
this criticism on the conduct of Major Gen.
Thomas suggest the reference that a corp
q etat was meditated, and that its failure
caused universal disappointment. IF the
movement had succeeded to place this II
responsible officer IN possession and control
OF all the material OF war, the whole power
OF the administration would doubtless have
been employed to hold the place in defiance
of Congress aud Of the loyal sentiment Of
the country Towhat lengths the President
would have gone, acting through an officer
unknown TO the laws, il is impossible to say.
His aim is the succession to. power. His
means violation Of the Constitution, 1t is
right, therefore, 10 suppose that if he could
have welded the War Department in all its
infinite rami6cations, he would have accom-
plished his objects. If necessary, by force
In leu of this Il is more probable be wiz
find that If justice is slow in her steps she
IS at least irm in her grasp and certain to
Inhict punishment for such grave trans
gression Even If the President had the
mower of yeygl ogTf he had nof the 4,0vrar RI