Year: 1868

order to assist him IN coming 20 correct


this must have been wiifu misconsrncton Of the law


so wlllful and wrong he Justly ana


termed a high @sdeamori orr How does the law read


Wnat are the purposes and objectsi HOW was ~ ;no


for this body to convict the President OF the Untea


states Of America Of high crimes and misdemeanors io


constituting the law as those who made 10 construed 1t az


the time OF its passagef submit to the Senate that us


Tar no great advance has been made toward the


order violation Of the Tenure act or that
tnefe was an intent the part OF the President tnus


S this % sfSs svs ss is
and 'front.', and what remains will be found to be


s nos the T principal subjects II Mr. ''1 stanton ton


was not within this law-if he held during the
pleasure of President Lincoln, and II he bound
obey that order TO quit the place instead OF being
gers VIII find IL extremely difficult to construct out of
the broken fragments OF this article anything that will
amount to hlgn misdemeanOr. What are theyf They
are the place. that the President did violate and


intend to violate the Constitution Of the United states
By giving this order how They say understand
it, that the order OF removal made during the session
Of the Senate and that for that reason the order was


violation OF the Constitution Of the United States Now,
II make my ideas Of IL plain, think there Is
nothing left Of that article Now In the first place. as
Senators WIN Observe this y the case o. ..
pleasure Of the President" and holding under the
act Of 1882 which created that Department n0sIs
on the President the power of removing the
'ss my o what is' h


case he exercises That s the case which under
alteration The question Is this whether under the law
Of 1882 and the created by that law-cre
ated after great debaethe President could have re-
moved such Secretary during the session OF the Senate
OF the United States 10 prohibit It, The Constitution has
made two distinct provisions for filling offices; one by
and commission by the President that confirmation
The other rs the Of an officer & %hen & Vseanoy
now before you is not question how vacanies shall be
filed for that the Constitution has provided tor but
hOw m
tally different question. Whatever may be thought or


the ssundness OF the conclusion arrived at after great de-
bate In 7s0 concerning the tenure OF once or concern
ing the power OF removal from office, suppose
will question the fact that conclusion was arrived at
United States had lodged with the President this power
OF removal Independently Of the Senate This may be
now reversed ON that say nothing at present. But
that was made that the legislation OF Congress in 1882
and on down TO 1867 proceeded the assumption eX
pressed implied that that decision had been made no
body who understands the history OF the country VIII
deny Consider, N you please what the decision was
that the Constitution had lodged this power In the Pres
dent that he to exercise it, that the Senate had not
be what materially is t whether the Senate IS IN SEES
sion not II the Senate is not session, aud the Pres
tuition has made provisions for filing tha vacancy by
until the end Of the next session OF the
tuition has made provision for filling the vacancy
thus created by nomination. and the laws OF the country


within the scope of the decision made by Congress
In 1889 and within the scope OF the legislation which FOL
lowed
Of the Constitution the President had the power OF
noval without consulting the Senate, or the legislation OF
Congress had given 10 him aud IN either way neither


the Constitution nor the legislation OF Congress had made
incumbent him 10 consult the Senate on the subject


submit therefore, that you look at this case as II has
presented the decision made in 1882 on the legls
atOn OF Congress following that decision, and on the
terms OF the commission under which Mr. stanton hed,
YOU must 10 the conclusion without any further
reference the subject that the Senate had nothing
whatever TO do with the removal OF Mr. stanton either
whether the senate was IN session OF not tn,t nls Ie
mogal made either under the constitutional power or


the President as IL had been interpreted In be
reversed under the grant made by he Legs
10 the President In reference TO all those seeIe
ries not included within the Tenureof Office act. This,
however does not rest simply on TINS appca0n OF the
Constitution and legislation OF Congress. There has
been. and shall bring II before you. practice on the
part OF the Government OF going back TO very early
day and coming down to recent period ior
the President to make removals from the
office when the called for them without regard 10
the fact whether the Senate in session not The
instances would not be numerous where If the
senate In session he would not send nomination to


he Senate saying appoint A. B. instead OF {. ID. re-
moved" But there were occasions, not OF frequent
occurrence where the President had not time select
person whom he would nominate, where he would not
the ucer then In possession OF the Office 10 con-


To- remove him from the Office wholly Independent OF the
OF his successor Let me bring before your


noWedre Of the senate W. were on the eve Of civil
the Department. was In the hands OF man who was
IN his removal resignation, would come TO
he place, was in the category as his
master Under these circumstances the President OF the
United States said Mr. Floyd, have possession
Il the office" Mr.. Floyd had too much good sense, or
ood manners. good something else 70 40 anything
1t immediately resign and, instantly. the President put
nto the War Office Gen Holt the ~ &
without the delay OF hour when the delay OF - honrs
nc h There are
raj OF this class OF cases arising IN an ne h
nd followed by this action, ana we shalI oIlnH poioo
on evidence showing what these cases WERE SO that IL
NH appear that long officers held during the pleas
re of the President, aud wholly independent |
r. the advice which be might receive from |
he Senate with reference 10 their removal, Whel. |
.ed ms power, whether the Senate was In |
ession or not. have now given the considerations APP
licabe 10 the TenureofObee Act and 10 those alleg


ons that The President violated knowingly the Constr
non OF the United states In the order Tor the reova
Mr. stanton from office while the Senate was III ses
on tbe counsel for the President deem that II Is not
ssenal in his yindeation from tins charge 10
further into this subject The President nevertheless
,kes broader view tho matter and 1t Is due to the
resident that IL should be brought into court ana
1at sGW p0PeSS PPeSaes e President Of the Uncd
tates 10 take care that the laws be faithfully executed


also requires OF him. before ne II Ir the IaWs
nd that 70 the best oI ihs ms aS e VI" Of the
lat as long as the good faith endeayorng
take care that the laws pe l%amuy % otect ne
NJ and defending the Constitution OF the Ohteu Stas
Though he may be mistaken he mas not eoinmteu hgh
rimes and misdeineauOs in the execution Oi those d


es he President found various reasons, which ~ Is
OF my province this time 10 state, but which VIII De
i'm 10 allow Mr. Stanton continue to hold the once OF
ecretary of War; while he was responsible Tor ms con


ct I'm the manner in which he is required by the Con-


tnton and laws 10 be responsible. This was ntnlaed
Mr. stanton and did not produce the effect which, IN
,e oninion of weinfOrmed men, such an
,timotion usually produces. Thereupon the
resident first suspended Mr. stanton and ana
.nnrted that fact to the Senate. Certain proceed


s took place here which will be adyerted To more par
cnary presently. They resulted IN the return OF nr;
tanton 10 the occupation by him OF his office Then IL
,as NECESSARY for the President OF the United States
onsider first whether this Tenure-ot once act app.a


the case of Mr. Stanton and second, whether ho law
seif WAS law OF the land was imperative because
onacting with the Constitution. Now, am aware re M tnat


insisfd ~ IN the EVIL ana moral duty OF all men


,.s that have passed through all the FORMS


egsston until they shall have been declared oy the


anIhorty not TO be binding but 1t is evident That


W. a. ,oo hroad statement Oi the civil and moral duty


"nmben either upon priv ate citizens or upon public


ier because IL this be the measure OF the duty there


~ gnuId be decision-there could never be decree
~ The law is unconstitutional, lnasmuch IL Is only