The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-05-26
Argument Of Senator Harlan In
Secret Session In Favor OF
the Conviction Of Andrew
Johnson.
An Able Review of the Case.

CONCLUDED
With this admission in his official answer
to this article before our eyes, there can bs
no doubt that he did with malice prepense
violate the true, known. and admitted intent
Of this law. Believing, as ! do. that the
President did thus officially place the correct
construction on said law, and that said law is
in harmony with the Constitution. and that
he dld wilfully violate its provisions, which
violation is declared by said law to be q
8. high misdemeanor,n do not perceive how
il is possible for a Senator, on his oath, to
avoid finding him guilty rs charged in the
frat article Of impeachment.
In relation to the second article Of i'm
parchment, | may observe. the House of Re-
representatives. accuse the President Of the
comrpittal Of high misdemeanor in Office in
appointing Lorenzo Thomas, Adiutant GEN.
eral United States army, Secretary of War
ad interim on the 2Ist of February. 1868,
there being no vacancy in said Office, without
the advice and consent Of the Senate, ths
Senate being in session.
The President in his answer admits that he
did issue the order of appointment az charged
without the advice and consen. of the Sen.
ate, the Senate being in session, (impeach,
nent trial, p. ~ sad iusti6es BY declaring
that there was at the time vacancy in said
office, and that {. it WAS lawful, according to
q long AMI we'll established usage, to em-
power aud authorize the said Thomas TO act
as Secretary of War nd fnterim''
To support this Justification, his counsel id
the argument Of this canse, and several Sem
ators during this consultation, have cited two
statutes which authorize temporary appoints
meets. The FIRST one was enacted May g.
1872, and the second, February 10, 1913. Ths
FIRST one Is marked obsolete on the statute.
book, aud is admitted to have been repealed
tif not heforel by the ACT Of February 20,
1858, which covers all the matter contained
Ia the act of 1892, and is also inconsistent
with it. This brings us TO the consideration
of the plea of authority to appoint DIR.
Thomas - the office of Secretary OF War ad
interim during the session and without the
consent OF the Senate under the statute Of
1896, even IT vacancy did legally exit.
These are the exact words OF the law:
'sThat in case of vacancy in the Office of
Secretary of State, Secretary of the Treasury,
or Of the Secretary of the Departu ant Of
War, or OF any officer of either Of tn. said
Departments, whose appointment ia. not in
the head thereof, whereby they cannot ner
form the duties of their said respective of
fees. it shall be lawful for the Presiden. Of
the United States, in case he shall think il
necessary, to authorize any person or persons.
1t his discretion, to perform the duties of The
SuCt6844f H.
pointed or such vacancies be filled: I,.ori5-d
That no one vacancy shall be suppl;ed. in
manner aforesaid. for . longer term than IS
months. Apprpted February l3. J7p5 .
fStAtutea ~ large, vol. |, D. 4l5.}
r. . that the Senator from Maine tNr
Faa in the observations submitted Nv
hia Asf think, misconstrued this lsv
ax IN the text, as cited by him. an
saefe clause, necessary to be considered II
9rfivfug 1t correct construction. Il il II
thsee words; Whereby they eapnot perform
me dufies OF Their said respective Offices. !,
these are WORDS OF Limitation which the
Judge or commentator has no risht "a ignore
or erase. Had they been omitted b. Co.
gress in enactinR the law--did thew NJ, s,.na
as part OF 1.-THE Senator rend erno .c,lS
be less vulnerable. Bat, giving thess vord.
their usual meaning and force, his renda,;n.
manlfestly erroneous. Applying this l..
70 tue actual case at bar, and omitf;nv nnra
ceTcssa.y descriptive phrases, il viii rssd
cI 49,. = ease OF vacancy 10 the ol,;ce ~ ~
1.y =. war, whereby he eannos 49,
10Y. au ~ o nv ,aid Office. Il sh.li 4.
i -. h. .Lsil .S;ns :, q the United 0sates.
Ice any person, At his discretion, % author
the duties Of said Office, &c, prov perform
no one Va sancg shall be supplied, ia msn mat
AoresAa, .or longer term than six mon,bs !,
,o"' y NAV 90 observed that there =. -
classes Of vacancies hnavn 70 ~ . ~ ..e
N. sno mich may occur ID the adn;r;.,sE
~ osparfmsnts: absoluts iesai - 1870 s94 q
s y death, resignation, Or ern;r..;s g
2. service, Whereby there arc pa ss9 Of
s.csnc;s .sncs Tor The respective of;c.. omcess
cen from .bs then hy the absence Of az az
OF sc4ness Or sbsepee fran, - on account
srnrnsnt- The question. u 3 .ne seat Of aoy-
whether the vacancies con,em ns1teiore, arises
yidsd for BY this statute are ~ and pro-
eluded. Doth are In
sppsars TO my mind perfectly cl..
ne art g sss z sot intended to BE- iaciassasss
sno 70. We isv = sppcabfs only 10 CO. e.
oces 81 = IA M s - g ocs!s sfon iIss
he incan5snts being iscspsbis y. . ~ nss