Year: 1868

The action of General Grant in surrendering his
office TO Mr. Stanton after the decision OF the Sen
/ ate baf1ed the Presidents uhdoubted purpose OF
| forcing an issue before the Supreme Court The
Law left TO the General alternative for it makes
the attempt to exercise the duties Of the Office un-
der the circumstances in which General Grant found
himself high misdemesnor. The tenure of Office
bill, as it is called, is undoubtedly the law. It has
been properly enacted by Congress. The Presi-
dent has objected, and it has been consttutionay
passed over his veto. 1t may be distasteful law
it may be inexpedient; but it cannot be considered
unconstitutional merely because the President says
so.


The truth ia, that the question involved is q very
open one. The veto with which the President re-
turned the law TO Congress shows no more than
that the point has been settled by precedent and
even by construction. The question arose in the
Hease of Representatives in 1889, and was vigor-
ously argued on both sides. Mr.. Madison, in the
FederaLtSt had maintained that the consent of the
Senate was necessary to removal but in the debate
be declared that he had changed his opinion. Not
withstanding his change Of view, however, the
question was decided in favor Of the PRESIDENTS
sole power only by vote OF thirty -four to twenty
IN the House, and in the senate by the casting vote
Of the President. In 1889 the Supreme Court de-
clared thut it was subject upon which there had
been at the formation of the Government great diff
ference of opinion, but it thought the general rule
of construction had become that the Presidents
power Is exclusive. Judge Story, in commenting
upon the question: said that it had always been be-


eved that the nnal decision was greatly Influenced
by respect for the character of President Washing
ton who wss then in Office; and he adds that it is
"the most extraordinary In the history of the
Government Of power conferred by implication
upon the Executive by the assent of bare MAORI
ty in Congress which has not been questioned on
many other occasions" Mr.. Webster admitted the
uniformity Of the practice but denied the justice of
the view upon which il was founded.


The time has come when Congress, holding the
same view with Mr.. Webster questions the proprie-
ty Of the decision Of the bare majority" of the
earlier Congress and agrees with Mr.. Msdison's


first opinion. The right 10 do is undeniahle, and
the action which it takes in accordance with its
judgment is certainly good law until it is contra
dcted by something more imposing than Presi-
dent Johnson's opinion. 1t is law in any case
which he cannot refuse TO execute without impeach-
ment; for if his opinion Of the consttutionalty of
laws which are passed over his veto is to prevail
against the viii of Congress, his will is the law Of
the land, and Mr.. johnson has decided for himself
according TO Mr.. Stewards notorious phrase that
he viii be king and not President.


We must not omit to state, however that the Pre-
sdent had acknowledged the authority of the law
after it was finally passed. He Suspended" Mr..
Stanton according 70 the law, and in obedience to


it also he sent into the Senate the reasons of his
tion. But he hoped, of course, before the matter
ended 70 effect his original object which was to be
rid Of Mr.. Stanton, and to ruin General Grant by
making him appear 10 be a csts-paw. 1t is very
homely remark to make, but it is very Ineligible,
that If the President expects to "use the General
in-Chief be must be up very early in the morning
The General does not say much but his acts are
very eloquent. They are SO eloquent indeed, that
those who have been sorey troubled by HIS silence
have no further doubt of his meaning. He means
TO obey the laws, and not to aid the President in
| thwarting them.


That we presume TO be also Mr.. Stanton's inten-
tion. he does not remain in the War Depart
ment for his own pleasure but certainly he has no
right whatever upon any point of etiquette TO allow
the President the smallest opportunity to rustrate
/ the plan Of reconstruction which Congress has
adopted. The President and his friends ought TO
remember that If he had shown disposition TO ad-
here faithfully to the Constitution, of which he is
so fond of speaking, and to execute in good faith
and according TO their spirit the laws which he did
not like as we'll as those that he approved, the civil
tenure bill would not have been passed When
| however, Il became evident that in every way
short of an actual refusal TO observe the law he
aiming to battle its purpose, Congress, which might
not see reason for impeachment, could very proper
ly do what might seem uncourteous but was not un-
c constitutional The situation is perfectly compre
hensible and will be misunderstood only by thoss
who are resolved not 20 understand.-Harpsri
i WeeRTv