Year: 1868

Urged on by his rebel supporters of the
South, and determined to please them
at all risks and hazards, he could not
refuse them when they demanded OF
him the official head OF the War Minis
ter in a charger. But, sir the guards
sent to consumutate the deed returned
to their master without the much desir-
ed head, the owner thereof not being
disposed to part With 1t until lie could
see the work which he had charge of
intrusted to safe and reliable hands,
And, sir, that refusal of the noble Sec
retary of War to obey Andrew johnson
by violating law sent a thrill of delight
to the hearts of the loyal millions from
the Atlantic to tho Pacific : but from no
class of our citizens was the respone of
approval SO warm, deep aud earnast as
from the soldiers of the Republic, who
in the dark hours of trial had presented
breathing wall of free-born breasts
as shield to protect an imperiled ma.
ticn.


If Andrew johnson could remove
Edwin M. Stanton Secretary of War,
without authority of law aud contrary
to the express provisions Of the law,
what Is there that he cannot do? But,
say the defenders of Andrew johnson,
this civil-tenure-of-oflice law is uncon-
stitutional, and therefore not binding
By what authority do these men declare
this law to be Unconstitutional? Is 1t
10y the same authority that they declar-
ed the war unconstitutional? Or is it
because all the States were not reprere.
sented in Congress when it passed? I
notice, sir, that some professed Demo-
cratic Senators are claiming now that
the President cannot be impeached un-
less all the States have their Hebre.en-
tatives In Congress. If these objections
are valid, then no law PASSED since the
southern members of Congress angrily
left these Halls at the commencement
OF .he rebellion Is Of any force or effect.
Then slavery Is not abolished, The
rebel debt must be paid. Then all the
slaves set free by the war must be paid
for, and the loyal men of the nation
taxed to raise the money. And, by the
same rule of reasoning, Andrew John
son never was legally elected Vice Pres
iaeht; and, consequently, is not now
President. This proves little more, 1
presume, than these gentlemen wish.
But If the civil tenure -of-office law
had never been passed the Constitution
OF the United States, in very plain and
explicit terms, settles this question. Isy
that instrument the President is ar-
thorized, by and with the advice and
consent Of the Senate, to make appoint
ments. When the Constitution spcci-
ifiea thus particularly how he may make
appointment it follows, jas consequence,
that he cannot make them in any other
way. The Constitution says the advice
and consent of the Senate is necessary
to the making Of an appointment by
the President. Therefore he cannot
make an appointment without such
advice and consent. In this case the
Senate not only did not advise and con-
sent, but declared in express terms that
a certain thing should not he done, and
that very thing the President, in the
face of the senatorial prohibition, did
do or attempt to do, in plain violation
of the Constitution as we'll as of the
statute in that case made and provided.


The Constitution also provides that if
vacancy happen during the recess of
the Senate the President shall have
power to make an appointment to fill it.
which appointment shall continue until
the end of the session. If this means
anything it means that he shall not fill
vacancy occurring while the Senate is
in session without the "advice and con-
sent of the Senate;" and it certainly
does not mean that the President may
create vacancy and then fill it without
the consent of the Senate, because if he
can do this he can continue creating
vacancies and filing them, thus render
ing that part of the Constitution utterly
null and void.


These things are SO plain as to render
| argument a work of supererogation
Everybody is satisfied on these points,
| and no man knew that better than An.
drew Johnson; but he, blinded by pas.
sion and prejudice, and drunk with
power, determined at all hazards to
remove an officer who was an obStruc
ton to the accomplishment Of his un
righteous purposes. Andrew johnson
viewed Edwin M. Stanton in the Wal
Office as in time past Haman did Morde
cal sitting at the kings gate; and ht
soliloquized thus: ~ have been alder
man Of my native village, and have helt
all the intermediate offices up to Senator
of the United States and even Vice Pres
ident thereof. Yea, verify, more thar
this; for do I not now, by the assistance
Of J. Wilkes Booth, occupy the highes
seat Of power in the greatest nation or
earth. But all these things avail m,