Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-04-29
MONTPELIER, VT:
WEDNESDAY, APRIL 90, 1863.
4 New Nomination to the War De.
partment.

The President last Friday, sent to the Ser
ate the following message
To the Senate of the United States
have nominated John III. Schofeld to b
Secretary of the Department of War. in plac
of Edwin NJ Stanton. TO be removed.
Secretary Stanton recently, having learn
ed that arrangements were on foot in Penn
sylvania to urge his nomination to the Urea
sury Department. wrote the following Iettel
to Senator Cameron
=. WAR DEPARTMENT. Washington. Apri
IL. IS6S
Dear Sir Perceiving in this morning
Chronicle that a communication has beer
signed by the Governor, the Republican mem
hers of theLegisIature and other persons. ask
ing your recommendation for my transfer up
on a certain contingency 70 the head Of til,
Treasury Department hasten to request
earnestly that no such recommendation be
made Enough of my life has been devoted
to public dGtIc-. No consideration can in
duce me to assume those of the Treasury De
p1rtment. or continue in the War Depart-
ment longer than may be required for the ap-
pointment and confirmation Of nv successor.
EDWIN II STANTON"
IL has been understood for many months
that Secretary Stanton was ready and desir-
Gus to vacatc the War Office as soon a. A
successor could be legally appointed but he
has not been willing to be illegally removed
from that position 1t has also been well
known that many, If not a majority of Re
publican Senator's have thought that it would
be better if some change could be made in
the War Department, without mourning the
risk of getting Secretary who would be
tool of the President. The Senate, in re-
turning Mr. Stanton to the War office. and
IN refusing To recognise the appointment Of
Gd interim Thomas, We're not taking up anv
quarrel of Stanton with johnson. but were
only insisting upon their own right to be
consulted in respect TO removals from, as
well as appointments to office. IfMr. john
son had, instead of his unlawful proceeding
for which he is now on trial, sent the above
message to the Senate two months ago, the
Senate, and Secretary Stanton, and the
country would, doubtless, have been very
well satisfied to have had the nomination rat
flied.
But this nomination at this iuncture is
made wholly for effect upon the Senate Gen
Schofeld is known to be a friend of Gen
Grant, and probably unobjectionable in the
judgment of a majority of Republican Sena-
tors Stanton has, in effect, expressed
wish to be relieved. Will not the Senate
consider this proposed solution of the War
Office imbroglIo an olive branch" and be
ing thus put in state Of mind friendly to
an apparently repentant President, give him
the benefit of this softened feeling by acquit-
ting him on the articles of impeachment?
Of course, we know nothing Of what the
Senate viii do with this nomination. They
may - advise and consent to it, or they
may do first one and then the other of these
acts They have contradicted themselves,
and reversed their own decisions, SO many
times since the impeachment trial common
ced, that one need now be surprised at moth
ing they may do. 1t is tolerabIy clear, how
ever, that they ought not to consider the
nomination. but permit il to lie upon their
table until they determine whether President
johnson is to remain President or not. If
they find him guilty, his successor will nom
quit him, it will then he time to consider
this nomination
But. admission Of President John
son, finally affecting questions of law in the
trial, regard this nOmina-
tion as significant and very important. 1t is
an admission that Secretary Stanton is now
Secretary of War, and is vet . to be remov-
ed = 1t is also an admission that the SEN
ate is to be consulted TO his removal
Is not this a confession that the President
had no right to remove or attempt to remove
Secretary Stanton, a. he did, two months
ago? Is it not also. confession that the
recognition of Gen. Thomas as Secretary al
interim, by allowing him to meet with the
Cabinet, has been unlawful, as there was all
the time, no vacancy in the War Office, Sec
rotary Stanton not. even in the President
view, being removed?
How can Mr. Evarts now argue that the
President has constitutional right, and a
right under the law, to remove Mr.. Stanton?
DO not the terms Of this message to the Sen
ate give fiat denial to such claim? Do
they not confess that after the President has
used all his constitutional power to remove
Mr. Stanton, that official is yet .. to be re-
moved - An official holds his office not by
occupying a certain room, but by having a
right to be recognized as the officer lawfully
appointed. II the President had the power,
without consulting the Senate to remove
Stanton, that officer was removed two
months ago. He now argues that he has
such power by officially announcing that Sec
rotary Stanton is now the lawful incumbent
of the office.
The President counsel must now argue
that their client is not guilty Of a violation
Of the Tenure-of-office act. because he only
tried to violate it, and failed. He attempt
ell to remove Stanton but didn't succeed.
The crime was not cOnsummated. He claimed 4
to exercise powers which he did not pos
sess, but no harm was done because his pow
er was at once successfully denied and re-
sisted. He assumed to use prerogatives not
belonging to his Office, but nobody respected
the assumption, thereto he is innocent
The usurpation he attem was successful
ly met at the very outset. ore it was no
We do not r. any other
defense is left to Mr.. Jof As this de-
fence can hardly avail hI1 With tribunal
charged with the duty of serving the lib
critics of the people and the ghts of Congress
against Executive usurpa ". this nOmina
ton of Gen. Schofeld must be treated as a