Year: 1868

of Mr.. Johnson. There are in favor of II


besides, those general ressonings upon


the theory of the government which affinm


the necessity and policy of keeping the sew
4 eral departments of it, us far as possible


independent and distinct. Mr.. Madison


who had more to do with the framing Of
/ the organic law than any other man, was


at first disposed to believe that the consent


Of the Senate was as necessary to a remoy-
al as to an appointment, but he afterwards
Ichanged his, opinion, and in the Congress-


of 1888, when the subject was debated


strenuotisly maintained that the power Of


removal was an exclusively executive


power. During Jackson's administrator


also, when the whig party was $50 incensed


by the numerous official dccapitations ma ie
by the President, Daniel Webster himself


admitted that policy and precedent were
all on the same side. 4s -


But Congress, at late session. fearing


the improper use of this power on the part


of the President, passed law over his We


to, providing that no officer shall be re-


moved during session of Congress with


out the consent of the Senate, and that any


removal made contrary to the provisions Of


the act should be deemed misdemeanor.


subjecting the offender to legal trial, and


on conviction, to penalty. Senator Sher-
man asserted on Saturday that this law


was not, at the time of its passage, intend
ed to bear upon the change of his Cabi-
net by the President, but the words of it
contain no such exception, and are peremp-
tory and explicit.


Now this statute, as it stands, is a law
of the land, and it continues such until in
validated by competent authority. The
President is bound by it as much as any
humble citizen, whatever his convictions
may be in regard to its constitutionality or
Its policy. On those points we concur
with him we are sorry that the Congress
considered 1t duty to take this method Of
restraining the executive action we have
steadily disapproyed of the conduct of Mr..
stanton is consenting to accept position
IN Cabinet where be was not wanted.
and under a law which his conscience con-
demns.


But, having vetoed the bill, the Presi-
dent has exhausted hrs constitutional re-
medies against it in every respect, save
one. lie may test his difference of opin-
ion with the Congress by an appeal to the
only remaining department of the govern
ment, whose appropriate functions it is to
determine the validity Of conflicting laws
the Judiciary. Congress cannot, we
think, by any words of law itself, or by
any other device, deprive him of this priv
llege of self-defence. 1t is due to the in
dependence of his office, and to his official
path, "to preserve, protect, and defend"
The integrity OF the constitution, that he
should have the right to invoke the shelter
and support of the Supreme Court. His
proper mode of proceeding was to apply
or writ of quo aoayranto against Mr..
stanton, compelling him to show cause
Why he had undertaken the duties of an
'ffice to which he was not called bv the
'sual authority. But the President has
AIKEN another course, not so regular and
lot so courteous, but which hardly chan
'es the merits of the case. ....... -.


If the President, in the removal of the
secretary of War, acted merely with the
ntent of bringing the law before the courts.
e was in his right; but If he acted with


view, or shall act with view, of asserting
is own Interpretation of the law by force.
e is not in the right, and will not be up
eld by public opinion. In the former
ase We hardly see how he is liable to i'm
eaehment; he is not opposing the law
nth view of annulling it.. but with a
lew to testing it; he is at tho most tech
ieally guilty of a breach of its provisions.
f the courts should decide that the law il
unconstitutional, there is an end 10 his Of
,nse; but if they should decide that it IL
institutional, it will be time enough then
'r Congress to inquire into the nature
nd degree of his offense. As Mr.. Stan
IN, by the arrest of General Thomas, has
ppcaled to the courts, it is incumbent on
u parties to await the result before either