The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-03-25

| 10 the ltml mltatiOn or SIX months III the last
mentioned act contained, and copy of the
last. named order was made known TO the
Senate of the United States on the 18th
day OF December, A. d. 1857, as will be
hereinafter more fully stated; and in pnr-
suaucr OF the design and intention afOre-
said, Il /. should become necessary to sub
nit the said question 10 I judicial determi-
nation, this respondent, ut or near the date OF
the last-men toned order, did make known
such his purpose 10 Obtain q judicial decision
of the said questions, or such OF them rs
might he necessary.
And this respondent, further answering,
says that in further pursuance of his inten :
ton and design, if possible. TO perform what
he Judged TO be his imperative duty, TO pre-
vent the said Stant ton from longer holding the
Office OF Secretary for the Department of War,
and ut the same time avoiding, II possible, any
lqueston respecting the extent OF the power OF
removal from executive oiice confded TO the
President by the Constitution OF the United
States, and any question respecting the con-
strucLon and effect Of TIE first section or The
said "act regulating the tenure of certain
civil Offices" while he should not by any act
of his abandon and rclnquish either power
which lie believed the Constitution had con-
ferrcd on the President OF the United States,
10 enable him To perform the duties OF his Of
flee, or Il power desgnedly left 10 him BY the
first section Of the act of Congress last
aforesaid, this respondent did, on the
l2th day Of December, 1857, transmit TO
the Senate OF the United States Il mes
IL
| and marked y, wherein he made known tn"
orders aforesaid, and the reasons which had
induced The same, so far rs this respondent
| then considered il material and necessary that
| The same should be set forth, and reiterated
his views concerning the constitutional power
Of removal vested in the President, and also
expressed his views concerning The cOnStruc-
ton of the said first section OF the last-men-
| toned act rs respected the power Of the Pre-
>id,nt 10 remove The SAID Stanton from the
said Office of Secretary for The Department Of
| War, well hoping that This respondent could
| thus perform what he then believed, and Stl!l
| believes, 10 be his imperative dnty in reference
! TO the said stanton, without derogating from
the powers which this respondent believed
| wrr. cOniided 10 the President by the Consti-
| tuition aud laws and without the necessity OF
raising ludiclally any questions respecting llic
same.
| And this respondent, further answering,
says that this hope not having been realized
| the President was compelled either 10 allow
The said Stanton 10 resume the s;id oiiicr, ana
remain therein contrary 10 The settled conNc-
| iiOlIs OF the President, formed rs aforesaid
respecting the powers coniided TO him, ana the
duties required Of him by the Consultation OF
| tn" nitcd States, and con trary 10 til" opIhiCn
formed us aforesaid, that the first section OF
| the last mentioned act did not ail@ct The case
Of th" said Stanton, ANA nlrary 10 the llNeG
belief OF the President that he could no longer
advise with trust, or be res cSpOnSibc tor, tile
said Stanton in the said Office Of Secretary for
| the Department OF War, or else he was COM
pclicd TO take such steps rs might, in the
| Judgment Of the President, he lawful and ne
| ceSsary 10 raise for Il Judicial decision the
| uuest lions affecting the lawful right of The
| >aId stanton 10 resume the sald ONCE, or tlc
9o""r OF IN" S;id stanton TO prTsist III rel
10 qhIl III" S;t!d ONCE II ne ShoHlu pel>iH III
actually refusing 10 quit the same and to
| this end, and TO This end only, this respondent
did, on the list day OF February, lses, i>S ne
| the order for The removal OF III" Sald Stanton
in the said first ariici" mentioned ana set 1ortn'
and the order ;tutnoEIZ'h@ me H,t" Lorenzo /
hoi'iA> 10 acI rs otvi c,,I - h - ' '
III W. 60 ~ os,'t H. nroran,Iin.r to onevrar
,nriT.,iir ,.,,i, hsla,ttiyc allegation in the
| i;i d., r,,;,.,n ,,ys. IIr Irri,> th,i th. sail
St.,,,inn ON thn 1Ist day of February, lists. WIS
I,rr,IiI in nnssnssiou of the said oiIica of Src-
| " 80 ,' -. " ~, ,,,,,.r,,ra,,t of W. II. 1nnias
| t ,',' ;,'.;h -'' S,ni,,nn on Tho drv losr mon
;.,I ,.,s l,,..mlIy .niiil.d Ia hold lh,. said
'lu'''''' 49,; w." ~, - ~, 1r.riin,,t nf ,h,.
oi''I' 'Et''S' Wv ~ W h.', .h ..,i,, ,,ri,.
lhih" "I'es Iis "'it'S ;I 'a'' '',
~, ,'', ~ I,,i. ,r,.,, th, ..iI order
'' '''' 1.G ,.i+h ir,nmt tn yinlat,. the Act ru.
- .. tr .,rt tn rr~,II,14 tLr tenure. OF Ger
| ,a;,, a;,.iI nti;cn. n. denies Thai The said
| IyI,r v,,s, violation of The laSt-mcniio
| az, IL, lnui.s I'M, In, said order was 4 yio-
!.,tir, nf The Constitution OF the United States
| -. ~ ,n,. law. thereof or of his oath q: office
r. -! ;. ,h,, ,I ri,i ,,,i,.r u..,s issu.d wi h
t4e t4e s "'"i, ,i.a rn,c,;,,,tion nf tho
j;n;,t Sans ar my Law. thereof or this re-
~nordrui's oath of office; aud he respectfully
| hltt earnestly insists ih;tt not only was it is
| surd by him in the performance OF what he
| hrliey,d 10 be IN imperative official duty, but
IN the uerformance of what this honorable
| rourl Will consider was III point of fact, IN
i,nnnr,tivn oIliriol dury And he denies that
,ny rrl All substantive matters in the said
| GrSt ,rtrlp contained in manner and form Us
| ,ha same are therein stated and set forth do,
nv layy constitute Il high misdemcanur in
oIIirr, Within the true intent and meaning OF
;hr Constitution OF the United States.
| ,,,,,.,,s,..o,. ~ m. o.c,.,i .,r,i,.l, This re-
-A''u iu' ~ ia '''a i,irs L id iSsm. ond
i I.',. -, ..,,,, I ,r.,yo Thnn,rs IN. said v.ri-
denver " S'l'u i-o1 .tio .,;aIo hn.,,,;,c r.
Inr Sc t".Linrto,, u {, FnLru,ry 81 IsCS
,iIr..ssad 10 Brevct Ma ior- General Lorenzo
:rt'nr, t'n', 80" adinionr General I,nited states
:rn,- NrShinrron d. G.: and lie further ;ld
nil. that the same was 80 is>ucd without the
advice and consent OF the Senate OF The United
>t;,tcs, thea in session, but he denies that he
thereby violated The Constitution ol lhe
United s;I;ttcs, or any law thereof, or mat he
| did thereby intend 10 violate the Constitution
of the United States, or the provisions OF amy
act OF Congress, and this respondent refers 10
his answer 10 said first article tor iuli state
meGl of the purposes and intentions Win
| which said ORDER was issued, and adopts The
same as part OF his answer 10 TINS artlcle ana
he further denies 'A;'t 'hcTe "as ttieI. W Hil''
| there 10 vacancy i'll the Sald ONCE Oh >ecIe-
lary Tor tae department. Vi WI y! ..''' iie -
did then ana there commit, Vi va, S'li'J oI' ;"
| high msdcmeanor III ONCE, ana tAi> leSl'olu-
cnt maintains and VIII l.Sist .,.
l. That ut the a;'Ie anu dei.tlS "a S't" ~
| tlng there was Il vacancy eAlS'uS III ,.'p ''''~0
/. | of Secretary Tor the department. ot VA ,
= lAtt hol"llhS' S'iA"thS 'He - o ~ ,. .'n~
| United States was lleh Ill session IL "ttS - "
tul ana according 10 lohG 'i'" nv - -
usage 10 empower ana aut 0li"e NV s;''"
thomas 10 tct rs 9ecle.t VI " az ' ~ '',l, r
). That II the sad act regulating the teL m "le W
of civil Offices be- held 10 be valid law, 10