Year: 1868




tial Office.


The House doubtless anticipated the meth
cd by which have arrived at this conclusion
He creates vacancy, the Senate being In
session. He creates vacancy and then
makes the appointment ad interim OF Cen
eral Lorenzo Thomas, having appointed
General Lorenzo Thomas in the presence OF
the Senate, and without consulting the Sen
ate, to fill the vacancy created by himself.
Sir, how does the gentleman arrive at the
conclusion he may not tomorrow, in order
to have the satisfaction of making another
appointment ad interim, remove Lorenzo
Thomas. and repeat the operation every al
ternate day of the week until the end OF his
official term, taking no notice of the require
ment of the Constitution that these Offices
shall be filed, when the Senate is in session,
only ' by and with the advice and consent of
Senate F." If President johnson may as
sumo and exercise this power over all the ex-
ecutive officers of the country may not his
successors in all future time follow the bad
example, and thus fill all the Offices without
the consent of the Senate to the end of time


Your statute makes it crime, high
misdemeanOr, for the President of the Uni
ted States to arrOgate to himself such power
as this to vacate Offices, the terms of which
were not specially limited by law, and fill the



ate is in session. and without their advice or
consent. That act makes this ofense pun
ishable by imprisonment in the penitentiary
and bv forfeiture or fine. The gentleman
says the Secretary of War is not within the
operation of the law. Well, sir, so far as
the President is concerned, it seems to me to
be a closed question that the Secretary of
War is within the art of 1867, the Presi-
dent of the United States has solen:nly so
al. 81 t,,.t 10 10 a ia
claim when he superseded the Secretary of
War in August, 1867, from his Office and ap
pointed the General of the army Secretary
of War ad interim. He declared him sus
pended. There is no law which authorizes
the President of the United States to suspend
the Secretary of War or any other head OF
Department and appoint temporary sue
cessor until the meeting of the Senate save
the act of 1867. The President recognizes
that sct embracing the Secretary of War,
and comforting upon HIM the power OF sus-
pension for good ard sufficient cause to him
appearing. But, sir, that might not be
in doubt as to his full recognition of the
operation and effect Of this statute, he re-
turned to the Senate within the time limited
bv the very letter of that law, in December
| last, the reasons which operated upon his
mind in the suspension of the Secretary OF
/ War; and referred the question tn the SEN
| ate under the act of 1867. to determine
whether the Secretary of War was suspend
/ ed for good and sufficient cause. or whether
the reasons assigned by the President were


insufficient. The President thereby submit
ted, under the act of 1867, 70 the Judgment
of the Senate whether the Secretary of War,
should be suspended or retained in the office
of the Department Of War. The Senate
decided the question, and by its Judgment
the President and every other person is con
clude1 1t is his duty to respect the iuds-
ment of the Senate and abide hv it.


i SO much. then, fcr the President. He has
solennly decided the question against his & /
vocate under the obligation of his oath Let
/ him lie concluded by the decision of the Sen
/ ate, 4 decision which he invoked, rs was his
duty


And | beg gentlemen, when they talk
about unfolding the Constitution. t. remcm-
1 Der upon a question Of this kind, it is true,
as the gentleman from New York, Mr.
Brooks has stated. that the Senate of the
United States is the tribunal of last resort
and from their Judgment there is no appeal
save to the people who created the Ccnsti-
tuition and established the Senate of the
United States. Let gentlemen and the coun
try consider not only the judgment of The
Senate upon the suspension Of the Secretary
of War, hnt consider also the solemn iudg
mcnt of the Senate pronounced hut yestcr-
day upon this act of removal, follows


lN EXECUTIVE SESSION,


SENATE OF THE UNITED STATES,
February u, 1868.
Whereas, the Senate have read and con
sidered the communication of the President
stating that he had removed Edwin NJ Stan
tom Secretary of War, and had designated
the Adiutant General of the Army to act II
Secretary of War dd interim Therefore,


ReSoired By the Senate Of the United States
That under the Constitution and laws OF tn,
United States the President has no power 1
remove the Secretary of War and designat
anv other officer to perform the duties of tina
officer Gd interim.


Sir, neither the Supreme Court nor an,
other court can question review this jiudg
ment of the Senate To entertain such


doctrine as that would be to inaugurate an
archy in the name of the Constitution. am
under the Constitution, and by virtue of tn


Constitution. If that be the character c


that great instrument it is not worth tn


paper on which it was written.


The Senate was compelled under this aC


of 1867, by the Presidents official act, t


pass Judgment upon the question whethe
the Secretary of War was within the opera


ton of the act of 1867: whether the cause


assigned by the President for his suspensio
from office were sufficient. The Senate dc


liberated upon it; they pronounced thei
, Judgment upon it, and the whole country


advised what that judgment is, namely tha
the President s reasons were insufficient an
they solemenly decided that by force of til
act of 1867 Edwin NJ. Stanton was the Sc,
; retary of War, the suspension of the Pres
dent to the country Notwithstanding. Th;
Judgment of the Senate the country approve
Now, sir, upon that state of the case


must be apparent to the mind of every car
did and intelligent man that it was the dut
of the President to bow to this decision
Z the Senate and if he desired to signify h


wish for change of the war officer, to mab
= a nomination to the Senate, under the Con
Il .titution and laws, of a successor to NJ
Z Stanton. That is just what he refused to dc
and in refusing to do it, and in taking tt
bold step of disrcgarding the plain letter
the Constitution and the plain letter of IL
act, the obligation and force of which he hi
solemnly acknowledged, he has dared to con
! NIT the offense defined in the sixth sectic
u of that act, and to challenge the represent
tives of the people to hold him to accoul
!, , for it.


The gentleman tells us to beware, bewar
;. beware. Beware of what, sir? To bewa
! - of rendering faithful obedience to our oat
: as the Representatives of the people?
J beware of taking the steps authorized
Is the Constitution and demanded by the pu
9 lie safety to put this usurper of authori
l. and criminal violater of public trusts on t,
: al before the only tribunal on earth autho
e lied to try him for his crimes? Did Il
: gentleman from New York, Mr.. Brooks n
u know when he uttered his warning, and
. great swelling words about the Democrat
- party coming to the rescue, that it is writ
- in the Constitution of the country that t
:. President and Vice President, and eve
% other civil officer of the United States, sha