Year: 1868

/ Mr. Lincoln rather entered the edge OF ulaJ
| sentation by suggesting that what The honorable
Senators wanted that his Cabinet should agree via
them rather than with him However that NAV De- h ,s
doctrines in that paper are true and are aceordant 20 e
precedents Of the country, and the law OF the toNet


fne y any serions or prolonged argument imputa


0ns and nvectiyes against the Cabinet because J.


with the views OF the President that nave pee uEeu
upon your attention. But now III bearng DOI upon @ sh s


question Of the right 70 doubt and ON r ~
the Tenureof0ice act, and as TO the oi Its


first section may be permitted 10 atiaeI your %


10 some pOints in the debates OF Congress not yet
alluded 10. / will not recall the history, OF tns
action Of the House upon tie genera ,h IUl which tbe
Senate still advisers OF the President IN the matter
ba oTeTnmen a Insisted on the exclusion Of Cabinet
ministers from the puryiew OF the Dill altogether pi1
view the Senate also cOncurred with H. after confer
ence in measure OF accommodation: concerning Ms
IN the text the first section Of the act in the debate Oh


the Tenure-ofOnce bill the honorable Senator IRON
Oregon ur Williams who seems, with the Senator from
Vermont (dr EdmundsD, 10 have had some particular
conduct OF debate, sad 80" do not regard the exce
ton of any great practical consequence because


suppose IL the President and any head of department
should disagree so as TO PShg Ppasdenp le should
signify that that head OF department should retire IRON
the Cabinet that would follow without any positive act OF
removal the part OF the President ana Mr sherman


bearing the point, any gentleman W TO DC
IA Cabinet Minister, who receives an intmaton nOm MS
chief that his longer continuance IN the onse II &


ant 10 him, would necessarily resign III le dd lol TO
sign would show that he unfit 10 be there can
not imagine case where Cabinet Oihcer wOnd ho1 on
10 his place IN defiance aud against the wishes OF ms



IN the measure winch induced the senate 70 ylen
their opinions Of regulating any governmental pocee


b. Ted led TO the enactment as it now appears
and the question s how this matter was understood nol
shows by the whole senate the question OF the
strucon Of the inclusive OF Mr. Stanton or OF any
ference Committee reported the section reads
the result of the compromise between the senate nm


It's views and the House firm its purpose the hOlOra-
bic Senator from Michigan (Mr Howard asked that the
proviso might be explained Now You are at the very
point Of finding out what means when the senate gos
far ask those who had charge OF the matter ana
who fully competent 10 advise about H. Ihe non
orabe Senator Mr. Williams states the term OF ote OF
the Cabinet Ministers shall expire when the term OF once
of the President by whom they were appointed
controversy regarded this quite mmateria for laYe
no doubt that any Cabinet officer, who has particle OF
selfrespect and hardly suppose that any man would
occupy responsible position without H. would con
tnue 10 remain in the Cabinet after the President has
signihed to him that his presence was no longer
needed. As matter OF course, the elect OF the
provision amounts very little way or the oher
Tor presume that whenever the President thinks pro
per himself OF offensive Cabinet minister ne mas
only 10 signify that desire and the minister will retire.
and the appointment be made. Mr.. sherman said


81 agree To the report OF the Committee OF Conference
with great deal of reluctance think that gentle
man no man of any sense OF honor. would hold apOsl


ton Cabinet officer after his chief desires his reOva
and therefore the slightest nmation the part u the
President would always secure the resignation o. the
Cabinet officer For that reason DO not WISH 10 jeOparu
ize this bill about important and collateral question:


Mr. Sherman proceeds further IN answer 10 the demand
OF Senator To know from the committee what IL had
done and what the operation OF the law 10 be, and
saws The proposition submitted o the Conference
Committee s that Cabinet minister shall hold his Office
appointed him II the President dies the Cabinet goes
out II the President is removed for cause by npeaeh
term of the Presidents Office the Cabinet goes ont Now
how the face OF this, can we, with patience listen TO
long argument to show that IN reference TO SaOnet
minister situated Mr. Stanton Is the whole object OF


limitation the provso and In the bll become nugatory
and unprOecye Of the President sugt ana forces upon
him Cabinet officers whom he never appointed
at ALL and how shall tolerate this argument that the
term OF President laAs after he j. dead. aud tha the
term in which Mr. Stanton was appointed by Mr LIN
lasts through the succeeding term to which Mr Ian


coin was subsequently elected ut that ~ hoI the pOl
you asked 10 remove President from ONCE under


the stigma Of Impeachment Tor cllmc-to strk. down he
only elective head OF the Government whom the actual
circumstance permit the Gqnatna3n M 10 niSs 1n s3


minsirati0n of that Office ad interim, because President
is guilty Of thinking that Mr. sherman IN behalf OF the
Conference Committee. right IN explaining 10 the
Senate what the Conference Committee had done NO
body eonradcted them-no1ody wanted any iurther ea
fault in that actthat, m undertaking tO recognize nm
ited right President not intended TO have
Cabinet ministers retained n oce whom he had not any
voice IN appointing. would Ike 10 know WHO Hsm
this honorable who will bear the Issue OF the scru


tiny Of the revising people OF the United States on the re


Oya from office of the President for the removal o an
oce whom the Senate has thus far declared not 20 be
Within the protection the Cvi Tenure act agree that
judicial decision may aferward pronounce dlneieht
Judgment. SIN, you must admit that the President
might well act did IN defiance 10 the opinion OF Mr.
Sherman, II Judgment OF an inferior court 10 say
nothing of the Supreme Court OF the highest special
iudcature this Court should determine otherwise. But
the matter brought out little more distinctly MI
Dooe having said that proviso could not keep In
the secretary of War aud that that had been asserted
the object of the BILL Mr. Sherman still representing the
Conference Committee proceeds say that the Senate
had no such purpose was shown by its vote twice 10
this general exception That tins provision does not
apply 10 the present shown by the fact that It's
language is framed not TO apply to the present
President Now, that pretty definite on that sunlec
The Senator shows that himself ana argues mat u would
not prevent the President the Secretary Of War; the Sec
retaIy Of the Navy and the Secretary OF state, ana be
goes say, "f could suppose that either OF those
gentlemen wanting IN manhood anu III honof TO
hold h place under m The Ro.e't tnd n%aon h by
were longer needed would certainly, as SENATOR
consent his removal, and would we all and yet
later IN continuation OF his explanation the same
honorable Senator says I'VE provide that cabinet Mn
the Senate consent TO ms removal pui as long as he
power appointing him holds Office III his principal once
Is vacated, his Cabinet Ministers out" Now Senator's


press upon your consideration the inevitable the ines
tmable right OF this Senatorial discussion and conclusion


do not press upon the particular Senators who took
ssting. assenting agreeing. confirming corrobOratye
dent OF the United States and his Cabinet having before
them the question for their own solution OF the am3gu
are not of this section, might not he repOse
on the the Senate that that body would not have
agreed 10 bill II 1t had any such efficacy as Is not con
tended for and might he repose the explanation
OF the Conference Committee and Of the acceptance OF
srtiction or force Nevertheless il the President
convicted OF high crime ard misdemoanor for this
sentence also proceeds ON your united Judgment we
shall have great difficulty IN knowing which OF your
united judgments is entitled 20 most regard In the
House this matter was cOnsdere ana the result OF the
explanation there by Mr. schenck was about the same
as i'm the Senate and the House came 10 the same
conclusion. This whole great matter here Is an in
peacbment by the House Tor making removal, % ana
a condemnation by the Senate on the same ground


Mr. BOutwelrs argument, that the practice had always
been in the OF the appOnee before making
the removal he met by the consideration that removals
are generally made not because the ncunbents are nnn
but because political iayoltes are 10 DO put n lne IN
stances OF removal OF Cabinet officers are only two for
the simple that polite hint Is usually suihclent
induce resignation He then spoke OF the Instances OF
removal OF various officers during the session OF the
Senate which have been put In evidence ana went on TO


argue the necessity for the existence OF such power OF
instant removal, by several suppositons, In cases
where delay would lead 10 disastrous consequences
AudIng 10 the concession in Mr. Buffers opening speech
that President had properly notified the SENATE OF