Year: 1868

| The President himself offers as an excuse
for his violation of the tenure-ofoffice law
an ingenious but unsatisfactory construction
OF the law, throwing doubt upon its applca-
tion to the case of Secretary Stanton. He
knows, as everybody else knows, that the
law was framed to protect Secretary Stanton
in the War Office, but offers construction
which he admits is doubtful, to excuse his
deliberate violation of its provisions. That
Congress was compelled to accept the chal-
lenge which the President thus offered, is be-
yond all reasonable question. BY two
thirds vote of b3th branches Congress had
declared the removal or appointment of any
officer in violation of the tenure of office act
high misdemeanOr," and the constitution
provides that the President shall be removed
from Office on impeachment for and convic-
ton OF such misdemeanors. If the Pres-
dents construction of the law has apy
weiSht as an excuse for breaking it, then
Jort'ora Congress may plead its own con-
structlon as an ample justification for a
strictly constitutional vindication of its au-
thority.


None of the Presidents apolosists have
attacked this impregnable position. They
content themselves with citing the frequent
assertions of Republican Senators, that a
President should be surrounded by a Cabi-
net OF his own choosing, and that no honor
able man would consent to hold Cabinet
Office in opposition to the wishes of his
official
1t might also be said in general way that
no honorable man would remain for a mo-
ment an unwelcome intruder in the apart
ment OF another. Yet policeman may in
pursuance OF his duty ntrude upon the
premises of suspected person. When the
public peace is endangered questions of
etiquette are out of order. The obiec-
ton to the removal of Secretary Starton has
never been better stated than in the lam
guage of General Grant. 1t was the fear
that some one would be appointed in his
stead who would, by opposition to the laws
relating to the restor tIon of the Southern
States to their proper relation 10 the govern
ment, embarrass the army in the perform
ance of the duties especially imposed upon it
by the laws" With such danger impend-
ing, was it for Congress, or Stanton, or Grant.
to stand childishly palteriag about questions
of etiquette?


Men talk about "the determination of the
President to get rid of an offensive and
treacherous Secretary" as If this were merely
a personal quarrel. Both Stanton and Grant
have been accused of treachery to Mr.. John
son, as if their loyalty had been due to him
and not to the constitution and laws. If fl
deity to the country is treachery to the
President then treachery becomes virtue
and the determination of the President
to get rid of a thus treacherous Sec
retary should be met, as it has been. with
an equally resolute determination to keep the
Secretary in his place. If during the struggle
Congress should gradually come to determi-
nation to get rid of an offensive and
treacherous Executive, who could WON
der? Is harmony between two great depart
ments OF the government of less Importance
than the agreement of the President and one
OF his Secretaries A British ministry over
ruled by Parliament, as Mr. Johnsonihas been





by Congress, would have resigned at once.
MIR. johnson was not expected or required to
resign. Though he continued covertly to op-
pose and hinder the execution oi the laws it
was his duty to enforce, yet so long as his op-
position had any color of law, Congress re-
fused to impeach him. When he undertook
to render his opposition still more dangerous
to the national welfare by suspending
Secretary in sympathy with Congress, for the
obvious purpose of getting control of the
War Office and paralyzing the army, the Sen
ate treated his show of reasons with civil re-
spect but refused to concur in the suspension.
When finally he attempted to ACCOMPLISH the
same desperate end by plain violation of
law, Congress interposed with the constitu-
tional remedy. The calm dignity with which
Congress has waited for an overt act of DISC
bedience to the laws before taking this step,
is worthy of all praise. Solicited by uneasy
friends and taunted by ill,judging enemies
Congress under every provocation has stood
resolved, calm, watchful, awaiting its oppor-
tunity. That opportunity has come.