Year: 1868

warning as TO bring mischief upon the community, is
quite sufficient TO removal Of the officer from
the place where he is working mischief by his cOntnu-
ance in power The only question to be considered is Is
the respondent violating the law His perseverance in
such violation although 1t shows peryerseness is not
absolutely necessary his conviction The great object
is the removal from Office and the arrest of the public In
juries which he is nlcng upon those with whose IN
terests he is intrused The single charge which had
the honor TO suggest 1 expected to MAINTAIN
that duty is light one, easily performed
and which, 1 apprehend, It Will be found lmpos-
sble for the respondent to or evade When An
drew Johnson took upon himself the duties OF his mgh
Office he swOre to obey the Constitution ana take care
that the laws be faithfully executed That lndeed Is
and has always the chief duty OF the President OF
the United States The duties Of legislation and adud


eating the lawsOf this country fall in no way to his lot


To obey the of the sovereign power OF the ma
tion and to that others should obey them was his
whole duty-a duty which he could not escapes and any
attempt TO do would be III direct violation OF MS ohca
OATH in other words nisprlsiOn Of perjury accuse
him. in the name Of the House Of Representatives, OF
having pepetated that foul oense against the laws and


interests Of his country On the I'd Of March, 1867 Con-
gress passed law the veto Of the President enti


tied An act to regulate the tenure of certain civil Of


aces," the first section OF which is as follows:


& "% a Sg % SS cHer Sss a.d RSst eTer psg.on Sods
civil Office which be has been appointed By and with the advice a.d


such Office and shall become duly qualified to act therein Is and





like manner appointed and duly qualified s1ssp :. hfn gG
Ysa Frotdea ina, e os.s o ] e , @ " 49,
neyGener shall hold their Offices respectively for and dnTng the term
subject removal by and sh the advice and consent


The second section provides that lwhen the Senate is
not in session. II the President shall deem the officer
guilty OF acts which require his removal or suspension,
he may be suspended until the next meeting OF the Sen
ate and that within twenty days after the meet
ing Of the Senate the reasons for such sus-
pension shall be reported to that body; and
il the Senate shall deem such suni-
cent for such suspension removal the officer shall he
considered removed from his Office but the Senate shall
not deem the reasons sufficient such suspension
mOva the officer shall forthwith resume the functions Of
his office and the person appointed In ms place shal
gust 1867 being in session. the PTesi
dent suspended Edwin NJ Stanton, Secretary Of the De-
Secretary Of War ad ierim on the 18th day Of Deem
ber 1861 the Senate being then in session. he reported
according the requirements OF the act the OF
such suspension 10 the Senate which duly took the same
examination OF the question OF the suieency OF such
reasons, he attempted TO enter into arrangements by
which he might obsruct the due operation OF the law and
thus prevent Edwin NJ stanton from forthwith resumng
the functions OF his office Secretary OF War, accord


ing TO the provisions of the act even If the Senate should
DECIDE in his favor And in furtheranee OF said attempt
the 2St of February 1868, he appointed one Lorenzo
War dd interim without the advice and consent Of the
Senate, although the same was then in session. and or
parInent Of War and the public property apperaDing


thereto and to discharge the duties thereof We charge





pnd to Sreycnt Edwin NJ Stanton from eXeeurS the
appertaning TO the Department Of War; and from
dschargng the duties OF the office. The very able gen
reman argued this for the respondent has
tended that Mr. sJantons is not within the provi
sons OF the act "regnlatng the tenure OF eert"n
convicted OF violating that act His argument in demon
srang that position not think, quite equal to bis
Prosecution was lodged He contended that tho proviso
which embraced the Secretary OF War did not include
Mr. Stanton. because he was not appointed by the Pre


deat in whose term the acts charged as msdemeanOls
were perpetrated; and in order to show that he con
tended that the term OF oice mentioned during wSn nc
was entitled TO hold. meant the time during when the
dead alive; that Mr. Lincoln, who appointed Mr. stan
ton and under whose commission he holding indeh
pred and that Mr.. johnson was not holding during
part of that term That depends upon the Constitution
whole time from the adoption Of the Government
was intended TO be divided INTO equal Pres-
dental periods, and the word term was tech
ncay used designate the time OF each The first sec
tion Of the second article Of the Constitution PROVIDES
of the United States Of America He shall hold his once
President chosen for the teiD be elected az fol


lows" &c Then it provides that " in case OF removal
from office. or Of his death. RESIGNATION or Inability 10
discharge the duties Of said office, the same shall deyOye
on the VcePresident and Congress may by law provide
for the Of removal death RESIGNATION or hsDhty
both Of the President and NcePresldent, designating
what officer shall then act as President ana such ocef
shall act accordingly until the Disability be removed or
President shall be elected The learned counsel con
tends that the veePresdent who accidentally succeeds
the duties OF President, Is serving OUT new fIes
dental term Of his own, and that. unless MI stanton
was Gy h a ne Is m stanton y was APPOINTED
by Mr. lincoln in 1862 for indefinite period OF ume
s ana Ts s ad eone Of Of the senate Mr. Johnson never
appointed him. and, unless he held a valid commission
for three years during which time he expended billions
OF money and raised hundreds OF thousands OF men,
done without any valid commission would have been
InisdemeanOr in itself But # he held valid commis
Then in whose term lie serving for he must nave
been in somebody's termi Even 1t was IN JOhnsOns
for there Is no term spoken Of in the Constitution Of
period for Presidential term than for i3. years
But il makes difference in the operation OF the law
whether he was holding IN Lne0lns on Johnson tei
Was not in Mr. LncOns term Lincoln had been elected
and reelected second term TO commence IN 1862 and
the Constitution expressly declared that tht rH sond
he Uniform custom Of the country Mr. stanton continued
10 hold during the term Of Mr. Lincoln, unless sooner re-
moved Now does any one pretend to say that from the
an of March 1855 new Presidential term does not com


enceI For will be seenppon close examnatioh Ihat


a existence SO that it may divide the different periods


of office by well recognised rule Instead OF saying that
the Co1sttnton says in case Of tho the
President office ,or Of his death, resignation or m
ability 10 discharge the pocerS and dunes OF inc salu
Office the same shall deyolve the Vice President"
What is to devolye on the nO 'e & th
duties which were incumbent on hun IL he were 10
take Mr. Lncon term he would serve foF Tour yeas G
term ia the only limitation to that once denhed III
the Constitution, as have said before ore, pne ,na
word term Of the Presidential office means the death
Of the President. Then would have been better ex
pressed saying
during the term between two assassnatons ana then me
assassination OF the President would mark the period OF
the operation OF this law II, then, Mr.. johnson was
serving OF Mr. Lncolns terms there seems 10 be
no argument against including Mr. stanton within the
meaning the law He Included by the President
IN his notice OF removal In his reasons therefor given to
the Senate and in his notification 70 the Secretary Of the
Treasury and s too late when he is caught violating
the very law under which he processes 70 act 70 turn
round and deny that that law affects the case The
reaS nothing hore powerful for 1t is argumentby
the party himself agSipst eiRf ana ssIpEgs s2s