Year: 1868




Congress was yesterday thrown into fever
Of spasmodic excitement by the communlca-
tion which the president addressed to Mr..
Stanton informing him that he was removed
from the office of Secretary of War, and com
manding hun TO transfer the records to Gen
eral Lorenzo Thomas who is authorized to
act as secretary of war al interim. The
senate went Immediately into.executive ses-
zion, and Stanton cried for help by sending
the presidents communication, unaskcd, to
the house OF representatives. The first step
taken by the senate in executive session was
to send g committee to Wi. on Stanton and
Instruct him to disobey Tie order OF the
President. The committee so waited on
General Grant (whether in 5uance OF or
ders does not appear with Eprobable de-
sign to secure promise that he would obey
No order Of the president fer the forcible
election of Stanton from the sNNar Depart
ment. There is law. passed by the last con-
gress, requiring all :thc military orders OF
the president to be issued through the head
quarters CT the general ofthe army so that
II Gran. refuses obedience, the president is
presumed by the republicans to bepowerless.
The committee is reported to have received
satisfactory assurance from General Gran.


We suppose the president VIII make no i'm,
mediats attempt to eject Stanton By force;
and that the ridiculous trepidaticn Of con-
2ress is a little prem ature. But when the
proper time COMES tor forcible election,
Grants disobedence OF orders will be but
slight abstacle. He is bound 10 obey the or
ders OF the president; it is duty from which
congress can no more release him than it can
divest the president ofthe command of the
army.


The right of command implies tho duty of
obedience. IF congress tells General Grant
not to obey, it thereby attempts to strip tho
president of the command Of the aTIny; an
attempt which can succeed only by the over
throw efthe constitution. If General Grant
refuses to obey orders, he is amenable to
military discipline. 1t will be the duty Cf
the president TO cause his arrest for insubor
dination and mutiny. a.d organize court
martial to Try him. The president can at the
same time order q Brevet- Gcneral to take
possession.of the headquarters Of the army.


We do not expect the president will quite
yet exert his full authority in this form lie
will probably first apply to the Supreme
Court, who viii summon dr. Stanton to show
oy--what authority he assumes to retain the
office from which he has been removed.
There IS every reason to believe that the
Court will adjadge the tenure of Office bill
unconstitutional. With what face will Stan
ton 60 before the court and contend that the
tenure of Office bill is not repugnant to the
constitution, when it is notorious that he held
the contrary opinion at the time of It's pas.
sages Nay. he advised the president to veto
itfor runconstitutionality, and furnished points
for the message. 1t is not To be supposed
that the Supreme Court will render parti.
san decision in his favor. when The case is so
clesr against him that he is on record rs hav'
ing decided against his present claim.


When tie court has rendered its decision
fGeneral Grant refuses to obey orders, the
time will have come to put him under arrest
He has, indeed, no more right to refuse Obe.
dience now than he will then but il is. pro
badly expedient for the president to await
the decision of the court before resorting to
force. Yet the right Of the president to eject
Stanton forthwith is perfectly clear If he
should do so, Stanton would have his remedy
II he Is wronged, in applying to the court to
reinstate him. The certainty that the cour
would not do so, is the reason why Grant en-
tered in collision with Stanton to deliver ur

the office; and is also the reason why con
gress is thrown into such flutter by the or
der eft the president. If the republicans die
net suppose the court to be against them il
this MATES, they would not take such d. epos
ferrous pains to evade a judicial decision.


What right has the senate to step in be
tween the president and either his civil or Iii
military subordinates, and instruct them no
to obey the presidents orders? Ifthe law /
on the side ofthese subordinates, the law vii
afford them protection and redress It i
difficult to conjecture in what capacity tn
senate supposes itself to be acting. No
surely, in the capacity of law -givers, for lee
isation proceeds by no such form. The sen
ate can not think it is acting in its exccutiy
capacity, for it has no executive function
except to act on the presidents appointment,
and on treaties which he may have neoot;a
ted. Nor can the senate suppose it is actin
in its judicial capacity, for its only iudicis
function consists in the trial of civil Office,
alter they been impeaclied by the house ,
representatives. The instructions OF the Sc,
ate to Mr.. Stanton are plain usurpotion ,
authority, an impudeLt intrusion into I'll
Execntive!Deparfment. We suppose the oil
jcct is to gain time, Willie congress can pa,
% ne pesserrte act for preventing Seas
going before the Supreme Court-N.Y. Worl,