The New York Herald Newspaper, March 31, 1868, Page 4

4 NEW YORK HERALD, TUESDAY, MARCH 31, 1868—TRIPLE SHEET. : My 2 relates duties court Senator another, defore | Thomas boasting at Willard’s Hotel on the same the second section of the bill so as to power he to therignte 204 Cie? s it ean op Wot did the Managers evening that he should call on General Grant for eaiy, the power of semanel tobe im ee more tn the nature Of sn name ome! Te ae Smith od alters of N.Y. == ran pe the MNS Sn noe pe RR removed from omen by the President 2 tion, eer its provi retain Senate d voted not guilty fe Article eight charges that the appointment of | the United States, or in any other case nee pot eet an be aad | she on oe Saban ~y" ap was made for the purpose of | vacancy, the © Justice shall, during such old office is the only subject that be finally ad- | article, who had bepn members of the House when ome control af ‘he a ioe g at Judicated—all Bren yaa sat’ thar aloe Seals gt A ng, ude eck's case adily | Goneys appropriated for the military ‘service | books afd pay appertatnt department, cai iavestigations of fact are im some sense but | which was tried in His ‘ord instance in | and Department oe be ie S00 ientne proat the “Beawon wear ‘cla real t Bilite'ne na fa, authorized m 2 primera Tentative ‘censtion is ome Pose ee net ot Zaaens = ped heen theme. pointlent of ‘Thomas, which must have been known Peaien ware apr somewhat tix irr esi and ae from the military ser | men! rr.) pore Mmeaments horesttee. h- soar, now sitth ‘ ers of hig Cabinet, the Preaident caused | Now, tie ode he took w Harta the aoee Hoe icine corps of | stead “fab abd frank a body, now sitting te detarmlng she aconaationet ie | Beane’ tuo Oumeman “af the, Uaiea stale te formal motice 10 be served on the Secretary of the { establish a ive sont % Voluntecr force, in the’ United States service, | the head ‘of a grea in evert Howe fs penton Ta eeenie St tne United atatas or | fore wont =a" a , Suates hee | Treagury to the end that the Seorstaty mafent anewet Hon, He ste6 Tope ‘at his amendment would | any officer for any cause which, in his judgment, Riley ie, oy Sepetially i a court? I trust, Mr. President and Senators, I le but 4 many of ‘the Senate | the requisitions for money of Thomas, and this waa | succeed in reconciling both houses to the Gectalea, el is renders euch oeicer ensaltabio am wee highest legisiative paens-s fs rerssh, ne pardoned for making some si ions u) these Rea both formed inions upon Peck'a | only prevented by the frmness with which Stanton | and qateting & minds of the gentle- | dismission would prom pul 4 straightforward fn ‘claiming openly and seems ‘oceedil pressed opi bate the amendment was | was It necessary to authorize the President 80 10 do ait: nat of forms. bitt of mitetaaoe If this voy here is lawyer fo nake fe ad Nor al the RTS ol aaa be seer, Ses every hed charged [ain rom) ae ae ae Benson ee mares spe had Woe oopetratiohn bore to aeaanias 8 va Se aie eee eves ae | from the thst challenge, altho Hoegernnne of os rm oe pepe ry seek an Ags 4 by the President of the cay States,’ which was they a are, a8 ia not doubted, are the game in civil | justly, those wis beleng. to See, wa bie. House o! it impeach retained possession of the books and papers of the | men.’ gi was @ member o! this 2 be that | upon his own ’ ¥ 3 resen' a set aside the Civil of | carried—31 to 19—and go the bill was engrossed ai ie answer to Suggestion may P that oe er pe ‘of @ trial opens was peraree, to anos ays Smee act ‘and, to — ont Blanton rom Paphos the BENE zoe Conaion cf an nods ae sae oe s simply one ee rinarespennoe. Sols at ees ee mpg by je B mativan S Pies must have place; that you may be bound in your | nation, reported thereon “eave to withdraw,” and office Secretary ment wonlci arose on the motion of Mr. Bengon estabiish- | to do, and therefore Dot § {nent to | fuge to do that asthe ofa great nation which, it proceedings and adjudication by the rules | Spi of voted againat, the proceedings in of War without the advice and consent of the Sen- | Which arose on the motion of Mr. Benson eee ee aed astone Bat on tthe’ ath” of July, | it be done at all, should have been done boldly, in . and precedents of the common statute | the while Livingaton, of Louistana, ¥ for Bip, Anal nas funised, conti to the provisions p) done wenal suocemsive: di Col enacted “that no officer face of day. And upon this position he must law; that the interest, blas or preconceived | them, these men sat upon the trial, and | of the constitution itself. | The only question remain- | elaborate consideration, on ge rat | terrauiinct or before © the te and the coun diiions oF aftinities to the party of the’ judzes may. | voted asthee Hae the Houses Arvery remarkable | ing is, does the respondent jusiity himaeit by the | the words implying this power in the Presl- } the military or naval service shall, in time of peace, | Hand | Dis is answer, which I Pe \ - | at lieve hi do be open to inquiry, and even the rules of order and | and instractive caso was that of Judge Addison, of | constitution and laws? On this he avers that by dent were retained by tho casting vote of | be dismissed from service except upon and in pur. | it they Delor® fet feeMttege intents and that par Be . . ‘articles of | the constitution there 1s “conferred on the j- | the elder Adai the Vice Preside So, | snance of the sentence of acourt martial to ‘the: nee the eal Ussapett ofthc cg Mepecncsces yt ce | fpea’snt wire tamed ie tat was ponies | eu, a aro Weexeourepowergte pone at | tha, Camod, leumiaive, onuereny, Yu, gn | Sih aa, acorn tte, ede Manat | Rigagt cow and aie ivught Which oa form to those rules, 28. they wi be applicable to | to another session ie ure, Meanw! i ! t of our woes in fro! fice? Im the snow storm of his | inal brought P . 4 " h ft resentatives who | tive officers for cause, to be agen of by the Presi- | officer of the government, Alas! most o! removal from 01 - ‘Senators, he asked you for i That the socased Bay cinta the, Seneit of the wale it hat voted "tart arces of fnpnchment Pca d ae lone, td dat he 9 trom ofloe, ‘conned €0 Whee the bill establishing the War Department cans It pene eng ve rosea iene. gr “s time in which to “make his answer. Tou gave criminal Cassa that be ys nate became the triers, Tienes, We cai, aid reneatane neta Ate Gis | To thett sltdog.on the trial Phage Adalson objected, ay Now, these “offen, #0. vacated, ‘must be | opponents of tne recognition of this power by a vote | atitational, (and that question Ishallnot argue, except | had lf you had given tim Cord, «0s given, Mam ® mercy In not extending the time for ans wer, aribunal has none of the attributes of 'a judicial | but after an exhaustive argument his objection was ied, temporarily at least, by his appointment, | of 24 to 22, a like amendment to that of the second | as has boen done incldehtally, for reasons hereafter 4 Hot oxjending she Ome te at Ne Y y $ ion the act establis! the Department of | to be stated), that he remove Mr, Stanton court as they are commonly received and | overruled, sevenieen to six. Two of the minority | because government must goon; there can be no | sect ping | 4 var comes within | of the action of the respondent in rem oving Mr. Stan- Understood. "Gf course "this question must, be | Were the gentlemen who had voted him guilty, Interregnum in the execution, of tue Ynys An a OF. | a Dabantuent or the Navy wan esaiianed no suck | Revvrorisionay aed oe Tone hese before you | ton from office in the manner and form and with the ) > detent sat vis ho shemselv 3 gani: government. claims, § done, let ee eee Oe ioe eabress provisions | Wins iands the ease upon authority, How does tt | necessity, the right to Ail thelr places with appoint. | recognition ofthe power ofthe President to remove | by the angwet is that, the omes a excepted by the invent and purpose with which Jt has pean done, 196. Well known to you, Senatora, which gives the slight. | stand upon principle? In @ conference, held in 1691, | Ments of his choice, and that this power cannot be | Was inserted, and as the measure passed by @ | terms of the law. Of course I shall not arghe to the | Con ora, ‘Torenzo Thomas, of the United States army, est coloring to the idea that this is a court, save that | between the lords and commons on a proposition to | restrained or limited in any degree by any law of | strict party vote, 47 yeas Eanase, composed mostly of those who p: te nays, it may wishe y as Secretary of War ad interim, J assume that it in the trial of this particular respondent’ the Chief } limit the number of judges, the lords made answer:— | Congress, because Ne avers ‘that the power was well be concetved that its advocates did not care to pal end Lrg Recor Med Be ee not denied in any quarter that this aa interim mp- J 0 s eme Cou st preside. “That and the duty of exercising it in fit cases | load it with this constitutional question when the 4 be is not this the’same tribunal crimes, ant carry wi em & greater sup- % rey css.- Indeed, the respondent in answer eae’ te and duties when other civit | position of guilt than any other accusation, there | be deprived of this power or relieved of this duty, nor | without being Impressed with the belief that rever- | ment of its passage. Answer admits Mr. Stanton | Co and this is the answer he makes, If j : : alified the appointment of General Grant ad inter At 10 1t8 bs whe - s ” could the same be vested by law in the,Preaident and | ence for the character of Washington largely deter- | was appointed and commissioned and duly qui Hee ee et fuical oficer) must preside? Can ie | many. iustinces in England where this necessity | theSenatejointly, eltherin part or whole.” ‘his fen, | mined the argument in the first Congress Neither | ae Secretary of War under, Mr. Lincoln, tn | Beasley ge nea ne ace 35,1705, andgubjest ; be contended for 4 iowent that this 1s the Senate of | that no peer be excused from sitting on uch trials | 48 the plain and’ inevitable tasue before the Senate | party did nor could have looked forward to such an | pursuance of the act of 1780. In the At | Ot Mot men of War (Ist Statutes the United states When siting on the tial of all other | has produced curious results. Brothers have sat | and the American people:—Has the President, under | ¢xecutlve administration as we have this day. | gence of any other legislation or action of the | Tine ne tt s PATI Cte of any vacancy” no oflicers aud & coprt onty when the President is at the | upon the trials of brothers, fathers upon the trials of | the constitution, the more than kingly prerogative at It has generally been conceded in subse- | President he legally held his ofice during Large, | page fi , Be ‘appointment of eu acting a@ bar, solely heoatise in thus case the constitution has | sons and daughters, uncles upon the trials of } Will to remove from office, and suspend from ofice | duent discussion that here was a legislative deter- | of his natural life, ‘This consideration is an answer | Viti is tenet ot Slt Mit case the records and e fact that rv sitting for Us purpose on | and a@ most peculiar and painful instance, will suffice * t cl hief clerk. This apparent omission th or afirmation does nut mfitience tieargamenk, upon this point to iustrate the strength of the rule. | times,'and fill the vacancies with creatures of his | very far from being determined. I should hardly | March, 1867, the Tenure of Office act provided, in | custody of the ci Pp! = “ e to provide for an executive emergency was because it is well understood that that was In th 5 y 5 own appointment, for his own purposes,without any | have dared, in view of the eminent names of Holmes, | substance, that all civil officers duly qualified to act Pecan weil merece hat awa oad | Hy Ee lof Anne Beg de wile of obs woversgn restr whatever oF possibilty of eat oy tae | clay Weoair and Catoan tha have ina, made | Ey appa ih he agris acon | Gai da Temmealed by Congras Oy te get of ‘ by the theory of the Britt S o Li a nacted ? ‘ured assel 7 e Putand weie supposed fo st Miike easces PAT peer | SAE aS fudace and “voted “guilty, ° although | ‘Tye Honse of Representatives, in behalf of the peo- | It not that in évery caso they, as does the President | succeséor shall have been in like manner appointed | in caso of the death, absenee, fron the Beat of gay ces answer in aCourtof Chancery | one of the charges against the daughter and | Ple, join this issue by aftirming that the exercise | 2nd his counsel, rely on the first vote in the Commit- | and duly qualified, except ag herein otherw! Fo pe haart gh Pepa ee phate Secvetary of the on honor, Wen @ Common person must answer | niece was a criminal intimacy with her brother, such powers is high misaemeanor in | tee of the Whole sustaining the words ‘to be remo- | vided, to wit:—‘Provided, that the Secretaries 8 all | Sec J uf v' ‘tment, or of any officer of either on oath. Hut our fathers, sweeping away all dis- | the son and nephew of the judges. It would seem | OMce. If the affirmative is maintained by the | vable by the President,” and in no instance take | hold thelr office during the term of the President by War Department, aay appointment is = f the sald departments, ctions of caste, required ev 1 of ssibi . | respondent, then, so far as the first eight | any notice of thesubsequent proceedings in the House | whom they may have been appointed, and for one | of h constitution holds a.t good men alike honorable and | cause as the number of triers is limited by law, and yn as Wi ve 3 ly cit “Mr, Line | for the President of the United States, in case ,he entiticd to honor. ‘Tuc idea that. this tribunal was | as there are not now and never have been any’ pro- | Of a legal power a crime—the respondent must go, | which js the authority most sreqirady site te tiie at la BR ie ea ‘ander | shall think it necessary, to authorize any pers on OF court seems to have crept in because of the analo- | visions, either In Engl i is or sub- | and ought to go. quit and free. Therefore, by these | discussions, stops with the vot a ec ot similar proveeidinedin triaic before the House | SuLutiag another forthe chalenned coctedecstis | articles and the answers thereto, the momentous | takes uo notice of the further discussion. But what- | when the bullet of Booth became a proximate | persons, at his discretion, to perform the duties of 4 v Vi Mees until a successor be ap- of Lord: lowies uave ever beer Y is Substitute used uestion, here and now, is raised whether the Presi- | ever may be the effect of this legislative construction, | cause of this trial? Was not his appointment In full | the said respective of Se nnioae taators Tareas al see clone oe cape ae or Paioualenginete eat dential Office itself (if it has the prerogatives and | the contemporaneous and subsequent practice of the | force at that hour? Had any act of the respondent pe or ua eich aiaeane on: Leese eke st Hot forget Hat the Houses of Parliamentatiirst, | clemt number to prevent a quorum, or the accusers | Power claimed for it) ought, in fuct, to exist asa | government shows that the President made no re- | up to the 12th of August last vitiated or interfered | shall cease. wi 2 pro- cc y v1 os i 1 by death, absence or sickness 1 latterly tue House of Lords, med and exer- } might oppress the r it by chal . | part of the constitutional government of a free | movals except by nominations to the Senate when in | with that appointment? Whose Presidential term is | vides for vacancies "| a jurisdiction over all ‘eile * por oe he cons favorable Feniemanee tees a ate people, while by the last three articles the simpler | session and superseding Scere ey, a new commis- | the reaponient now serving outt His own, or Mr. | only, ‘whereby My head weet aig Bethe! 4 punisi ment exiended to ife and mb. By express | for conviction was secured. This proceeding being | and less important inquiry is to be determined, | sion to the coniirmed nominee. Mr. Adams, in that | Lincoin’s? If his own, he is entitled to four years | OF any officer to cannot pt , ; : K : al. "TWO whether Andrew Johnson has’ so. conducted himself | remarkable letter to Mr. Pickering, in which he desires | up to the anniversary of the murder, because each | makes no provision for vacancy by removil. 4 a “6 : in that provision of lay2— Paean fedin Wea aeriaen aaa Nautical rere ch stances, almost partaking, : val | that he ought longer to hold any constitutional | lis resignation, requests him to send it early, {a | Presidential term 1s four years by the consitution, | difficuities were found ‘ : rine" oe Supe Cand | Cain Aa at se deo | ie are "Cth cin tae | atria ry omit to ee | Sh eple rog ge i Pi | Hn ey vie ota such inferior Cour.s a& on oO tite ss C0-01 insignificance compared with the grandeur ot he a " yy the ol 2. vi A . or Sy ordain an establish” We suguect tsercore, | Df the Lewislaturéy it Is poposaibie that Seuators | former. It that is. sustained, then —& right | Moves Nr. Vickering by 'a nomination, Certainly | remainder of Mr, Lincoln's term then his term of | ing ofticer of any person for any jength of time, To 1 we are in the presence of the Senat have opinions and convictions upon the | and power hitherto unclaimed and unknown to the | NO such unlimited ower has ever been | ofice expires on the 4th of March, 1869, if it does not | meet these di a ag - Le car e tis), which Dre United States convened as a constitutional tribunal | subject matter more or less decidedly formed before | people of the country is engrafted on the constitu- | claimed by any of the earlier Presidents as has now | before. Ig not the statement of these propositions | 1795, ind passe: Stat Rel Ditonto ts inquire ino aud determine whether An- | the case reaches them. If, therefore, challenges could | tion, most alarming in its extent, most corrupting in | been set up for the President by his most remarka- | their sufficient argument? If Mr. Stanton’s commis- — a epee ay rae cabet ape atee per- drew Jolinson, because of matver: in. office, | be allowed becanse of such opinions, as in the case | its infuence, most dangerous in its tendencies and | ble, aye, criminal answer, It will not have escaped | sion was vacated In any way by the Tenure of Office | any officer tn any Of the NePAri ia cident Sy i in the oitice of ent of the | of jurors, no trial could go jars 8 because every | Most tyrannical in its exercise. Whoever, therefore, | attention that no determination was made by that | act then it must have ceased one month after the 4th | form the dutles a ie be ice, Mi ce hy t to hold any omtice of honor | intelligent Senator could ‘be objected to on one side | Votes “not guilty” on these articles votes to enchain | legislative construction as to how the removal, if im | of March. 1865—to wit, April 4, 1865. Or, if the | appoint any | persun to Bebtioens | tle | eee \ y submit that thus far your | or the other, I should have hardly dared to trouble | oUr free institutions, and to prostrate them at the | the President's power, should be made, which isnow | Tenure of Ofice act had no retroactive effect, then | for | A | period | mot excceMin | Ane Meal MM s ho analogy to that of acourt. | the Senate with such minuteness oPeltation ‘andargu- | feet of any man, who, being President, may choose | the question in dispute. That has been determined | his commission must have ceased, if it had the effect Thus the law si one as 2 7 appo Se taterio to give tle respondent notice | ment upon this point were it not that certain | to control them.’ For ‘this most stupendous and un- | by the universal practice of the government, with | to vacate his commission at all, on the passage ee ee ae oo en yan won a pending ayainst him; you do not seques- | persons and papers outside of this vody, by lumited prerogative the respondent, cites ee CxeeTe OES, eT Tee en lg roreny ots pon of the op Th nao iene aoe “a mince, ‘ef tie Berens ane dhe doth of Bebra you do not re¢ ersona si r ine an addresses 20 WO! of _constitu- 5 at case, You proceed avainet kim and whi | proceedings “in eoura, Uetore Juntes, “have | tional enactment—indeed, he could not, for | the practice has ever been. If, however, we concede | he must have been exercising his oMce in contra- | 1868, when, by the second section of an act approved o determiue Mis cause in his absence, and make | endeavored, in advance, to prejudice the | the only mention of removal from office in the con- | the power of removal to be in the President as an tm- | vention of the second section of the act, because he | at that date (i peo AR ew Nive mut. order tuerein, How different is each step | public mind, but little instructed in this topic, be- | stitution 1s as a part of the judgment in case of | plied power, yet we believe itcannot be successiully | was not commissioned in accordance with its provi- | no person act ng bad 7 is Nokane via ol ordinary criminal procedire! | cause of the unfrequency of impeachments, against | impeachment, and the only power of appointment is | Contended upon any authorities or-constant practice | sions, And the President, by “employing” him, in 80 tary or naval a cer C a pays ‘3 as ts y pry uibanal solely, you are | the legal validity and propriety of the proceedings | by nomination to the Senate of officers to beap- | Of the government that the States under the ) doing from the 2d of March to the 12th of August, be- Bin a8 sary rhe porn The state or the Iaw ‘erste “on “eeiamon, | upon thera 7 may be permited, Witiout omen, | Rotated by Hil advice ani concent, save, qual. | cise, the consttnuen whieh vers in Gon: | came uty of, igh, MindemeRBO a Pe erecta at olnt of time Cm oul constitution . r to st 3 1 an imi ry intment b; ie President es vision 0! ; - dis s8 - . Son Coutts no" pyoeten'a dive | preventer he Manager from objecung by ehatenge | wnen the Senne not in seanon, Wiens then, | fe neccssry ant proper, for earring. iuto | Yreidan shal gugcedin convincing he Senate tat | capo eat ataence or nse oO a whe Iw and custom of pariame or otherwise to the o does the respondent by his answer claim to have de- 4 - | Mr. Stanton easury Y (FDL You are a law unro yourselves hound only. | ofnear allluity to she aeeuscd.: We belleve it 4s his | f.ved this power? 1 give him the beneflt of his own | tution in the government of the Cnlted States or tn | against the provisions of the Tenure of OMice act, | War oF Treasury Department could not, perform sakaral prinipics of eqnity and justice, and | riglt—nay, hisduty to the State herepresentato sit | Words, “that It was practically setled by the frst | ny depiritnt or cic ere ee ee eect We stan: | by the President to perforin tiose duties for the space ol suorenea est lex. Upon these'prin- | upon tie trial ongress of the United States.” Again, I give him 4 tortor cueary law nejudges can alton, | winch saul come before the Menate” Mis seat and. | the bene of his own phrases as act forth inthis mes- | Femoval has always been exercised by Congress un- | {on’s commission, oF that he himself | was of six months. For the Departments uf the Int fe yeacs the judyes “of England in | vote belong to his constituents and sot to himself, to | Sage to the Senateon the 21 of March, 1867, made a | questioned till now. | On the tein of May. tem, (vol. | not serving out the remainder of neo adlvea aot tment of en assistant Seoretaty, Dut uo provisign . pe ment deciin Dp speak ust ecore ‘a his =answel “This was jecid y 5 » DP. 582, ential rm, ; NOMIentary IAW. pean at Tree ke tact | Bette teen to lus Dest judgment upon every | The House of Representatives by a vote of thirty-four | term of office of certain officers therein named to be | ‘have but to teport another article for this misde- | {n case of vacancy In lus oftice, and a restriction pat %, although they attended on | Again, as political considerations are in- | to twenty, (in this, however, he is mistaken), | four years, but made them removable at pleasure. | meanor, to remove the President upon his own | upon apy officers acting w! not aull ae a thes fonice, “Nearly five handred | volved in this trial raising questions of | aNd in the’Senate by the casting vote of the Vice- | Hy the second section of the same act Congress re- | confession. It has been sald, however, that in the | from recelving any Sulaty wlinverer. | fo heat Hees in iss, the House of Lords resoived, | interest to the constituents of every Senator, | President.” In the same answer he adinits that, | Moved from office all the officers therein commis- | discussion st the time of the passage of this | omissions and to meot tie cade of healene Oto meet { Helknap and the other judges, «that | itis his right and duty to express himself as fully | before he undertook the exercise of the most danger: | Sioned in providing a date when cach commission | law observations were made by Senators tend. | ofticer of any executive department, and alto to Taet bruught betore them, shail be | and freely upon such question as upon any other; | 9US and stupendous power, after seventy-five years should expire, thus asserting a@ legislative | ing to show that it did not apply to Mr. | what was foun 5°, a ae fect by the course of Parhament, | even to express a bellefin the gullt or innocence of | of study and examination of the constitution by the | power of removal from office, | sometimes | Stanton, because it was asserted that no member | ing the President | to’ appol ne Bake oe Ww. how by the common law of | the accused, or to say he will sustain him in the | People living under it, another Congress decided ; by passing acts which appear tO concede the | of the Cabinet of the President wonld wish to | to those high : 68 ag Lad 1 biferior courts.” And that | course he is taking, although he so says after accusa- | that there was no such Unlimited power. So that he | power to the President to remove at pleasure; some- | hold his place against the wishes of his chief, | six months, | whet her. que pergon y a a Was in contravention of the | tion brought. Let meilustrate. Suppose that after | Admits that his tremendous power which he claims | times restricting that power in their acts by the most | hy whom he had been.called into council; and these | acquaintance with the ¥ eoee ol 20" 1903, U2 stat ‘ > judges in England and against the | this impeachment. lad-been voted ty the House of | from the legislative construction of oue Congress by | sttingent provisions; sometimes conferring the power | arguments have been made the groundwork of at- | OF not, au act was passed February 20, 1863, (12 stag» xicuard Th, Temams tie unques- | Representatives the constituents of any Senator had | & Vote of 34 to 20 in the House and a tie vote in the | Of removal, and sometimes that of appointment—the | tack upon a meritorious oMcer, which may have so | Pp. 650) which provides that in are Papers day. Another deter. | called a public meeting to sustain the President | Scnate, has been’ denied by another House of more | acts establishing the territorial o.licers belug the | infuenced the minds of Senators that It fé my duty | Signation, absence from the seat of go provision of Our Cons tution all such jurisdiction is ; but an inquest of office and, except in a few rare in- | onger fit to re resolution, wa opinion of ai remonstrance toned law of En miming quality ‘ai ri st whi vert ‘ «| than three times the nuinber of members, by a | Most conspicuous in this regard. Upon the whole, | to observe upou them to mect arguments to the | sickness of the head of an executive department or from a court ai rdinary egal gros | meat acts of Congress towards: Min ia tmpeagting | Vote of 133 to 3%, and. by a. Senate of” more | Me claim of exclusive right over removals or appoint: | prejuaice of my cause, Without stopping to deay | of any officer of eltucr of tue sald departments Whose « es, ands) hate’ him,” and should call upon their Senator to attend | than double the number Senators by @ yote | ments seems to have been made either by the Execu- | the correctness of the general proposition, there | appointment is not in the head thereof, wherety that there can cha vr | and’ take part in such meeting, 1do not concelve | Of 88 to 10, and this, too, after he had tive or by Congress, No bill was ever vetoed on this | seem to be at least two potent answers to it. The | they cannot perform the duties of their sean party to any of favor or malice, | that it would or ought to be leguily objected against | presented to them all the arguments in its favor | account until now. In 1818 Mr, Wirt, the Attorney | respondent did not call Mr, Stanton into | off it shall be lawful for the President of affinity or inter ‘This has been held from the | him as a disqualification to sit upon this trial’ u that he could find to sustain his claim of power, | General, giving the earliest offictal opinion | his counell. The blow of the assassin | United States, in case he shall think It necessary, to f n Ya ed he head of any other executive depart- times in Parlii ve 7 i e 1 If he derives this power from the practical settlement | on this question coming from that oMce, said | aid call. the mdent to preside over a | authorize the any cect Tate Oe ete ee Te aieet, are Meee aatiand the | ofone Congress of n legislative construction of the | that only where Congress had not undertaken | Cabinet, of which Mr. Stanton wad then an honored | ment or other ofticer in elther of sald departmenta g to punish all’ crimes against the peace. | in the Senate prevented him leaving, Thave not been | Constitutional provisions, why may not such con- | to restrict the tenure of oflce by the act | member, beloved by its chief; and if the respondent | Whose appointment is vested in the President, a& © case of tue Due of Somerset (1 Howell's State | able to find ay legal objection in the books to his | Struction be as practically settied more authoratively | creating it would a commission issue to run during | deserted the principles under which he was elected, | his discretion, to perform the duties of the sald ), a8 eariy as 1501, it was held that the | writing a letter to such meeting, containing, among | PY the unanimity ofanother Congress, yea, as we shal | the pleasure of the President; but if the tenure was | betrayed his trust and sought to return rebels, | respective oiflees Unt! a successor be ap) J and the Marquis of North- | other things, statements like the following:— I! see, of many other Congresses? The great question, | fixed by law, then commission must conform to the | whom the valor of our armies had subdued, again | ed or until such absence or inability shall cease, Fembroxe, for an attempt F SEXATR Cuamnre, February 4, 168, | #OWever, still returns upon us, Whence comes this | law. No constitutional scruples as to the power of | into power, are not those reasons, not only why Mr. | Therefore, in case of the death, resignation, sickness ? ai, should sit GrxtueMeN-—My public. and professions Dumcronta | PoWerY how derived or conferred? Is it unlimited | Congress to limit the tenure of ofice seem to have | Stanton stionld not desert his post, but, as a true | or absence of a head of an executive department, ion of the | will be sucton the athof March that 1 am reluctantly com- | ad unrestrained—illtmitable and unrestrainable— { disturbed the mind of that great lawyer. But this | patriot, maintain it all the more firmly against | whereby the incumbent could not perform the duties fof the realm might not be | plied to decline your invitation to be present and aderessthe | 43 the President claims it to be? In_ present. | Was before any attempt had been made by any | this unlooked for-treachery? Is it not known | Of his office, the President might authorize the head Duke of Northumbet esting to Se held fa cityonthatday, * * * Thatthe | ing this topic it will be my duty—and I shall | President to arrogate to himself the official patron- | to you, Senators, and to the country that Mr. | of another executive department to perform the , Marquis of Northat President of the | nited States has rinocrely endeavored to pre- | artempt to do nothing iore—to state the | age for the purpose of party or personal aggrandize- | Stanton retains this unpleasant and distasteful | duties of the vacant ofice, and in case of like disa- trial ior their lives, A. D. Tlie Weatitutions) from violation I bave no | propositions of law and the authorities to | ment, which gives the only value to this opinion a8 | position, not of his own will alone, but at | bility of any officer of an executive departi 1 High Steward | n between bira and Congress sustained | SUPport them, so far as they may come | an authority, Since the Attorney Generai’s oMice | the behest of a majority of those who represent the | other than the head the President might autin DOrsuns us W reequally singoiein faithful to duty.” With my best thanks for the honor ¥ lon prove | to my knowledge, leaving the argument and illustra- | has become a political one, I shail not trouble the | people of this country in both houses of the Legisla- | an officer of the same department to perform his y youhave | tions of the question to be extended in the close by | Senate with citing or examining the opinions of | ture, and after the solemn decision of the Senate | duties for the space of six months. It is remarkable snd ihose by Whose lecters and com. | 22¢ me by your invitation, and regretting that it is not in my | abler and bettcr hands. If a power of removal in the | its occupants, in 1826 @ committee of the | that any attempt to remove him without their con- | that in all these statutes, from 1789 down, no provis- in all his doinws, might | Pawer te accept tt T remain, with resands your obedient cer- | Executive is found at all in the constitution it is ad- | Senate, consisting of Mr. Renton of Missouri, | currence is anconstitutional and unlawful? ‘To de- | jon is made for the case of @ removal, or that trial at his acathy It | “be wie »N. | mitted to be an implied one, either from the power | Chairman, Mr. Macon, of North Carolina, Mr. Van | sert it now, therefore, would be to imitate the treach- | anybody is empowered to act for the removed officer, twat, were as deeply to be We should have as much right to se os his vote | of appointment or because “the executive power is | Buren, of New York, Mr. Dickerson,e of New Jersey, | ery of his accidental chief. But whatever may be | the chief clerk being empowered to take cha: of hunseit fn that case, yet as long as no at- | O84 clearly proven case of guilty as had King Henry | yested in the President?” Has the executive power | Mr. Johnson, of Kentucky, Mr. White, of Tennessee, | the construction of the “Tenure of Civil Omce act” | the books and papers only. Does not this series of ord were against them, they were | Vill to hope for the vote of her father against his | granted by the constitution by these words any Iimi- | Mr. Holmes, of Maine, Mr. Hayne, of South Carolina, | by others, or as regards others, Andrew John- | acts conciusively demonstrate a legiMative cones 4s persons able in the {1 wife; he got it. King Henry knew the strength of | tations? Does the constitution invest the President | and Mr. Findlay, of Pennsylvania, was appointed to | son, the respondent, is coucluded upon it, | tion of the constitution that there could be be chaveng his case, and We know the strength of ours against | with all executive power, prerogatives, privileges | take into consideration the question of restraining | fe’ permitted Mr. "Stanton to. exercise. the | removal of the chief of an executive departinent by Again, on the tr: this respondent. If it be said that this is an infelicity, | and immunities enjoyed by executive officers of other | the powcr of the President over removal from omice, | duties of his office in spite of it, if that | the act of the President, save i the nomination aad ithampten (ibid, 1 Sia it is a sufiicient and decisive answer that it is the in- | countries—kings and emperors—without limita- | Who made a report through their chairman, Mr. Ben- | office was affected by it. He suspended him under | appointment of his successor, if the Senate were im before all ‘the justic felicity of a precise constitutional provision, which j tion? If so, then the constitution has been | ton,ssetting forth the extent of the evils arising from | its provisions, He reported that suspension to the | session, or a qualified appointment till the end of the A.D. 1! the Ei of Essex desired to | Provides that the Senate shall have the sole power to | much more liberal in granting powers to | the power of appointment to and removal from office | Senate, with his reasons therefor, in accordance with | next session if the vacancy happened or was madeds ‘my Lord Chief Ju e whether he might uy impeachinents, and the only se urity aganst bias | the executive than to the legislative branch | by the President, declaring that the constitution had | its provisions, and the Senate, acting under it, de- | recess? Letusnow apply this state of the law to the” * any of the peers or nor Whereunto the | OF, prejudice on the part ef any oris that two- | of the government, as that has only “all legislative | been changed in this regard, and that ‘construction | clined to concur with him, whereby Mr. Stanton was | appointment of Major General Thomas Secretary of ef Justice answered “No.” Again, in Lord | titds of the Senators present are necessary for | powers herein granted (which) shall be vested in the | aud legislation have accomplished this change,”—and | reinstated. In the well known language of the law, | War ad interim by executive order. Mr. Stantem 8 case conv tection. To (his rule there is but one pos- | Congress of the United States;” not all uncontrollable | submitced two amendments to the constitution, one | ts not the respondent estopped by his solemn official | had neither died nor resigned, was not sick nor ab- question nether a pee sible exception, founded on both — reason | jegisiative powers, ay there are many limitations | providing a direct election of the President by the peo- | acts from denying the legality and constitutional | sent. If he had been, under the act of March 3, 2 cane of and authority, that a Senator may not be a judge in | upon that power as exercised by the Parliament of | le, and another “that uo Senator or Representative y Ref |- | 1863—which repeais all inconsistent acts—t! seaward teen ane page Ve nis own case.’ Thave thought it necessary to deter- | Kh F he 4 ie phy oes of Mr. Stanton’s position? | efore proceed we ve nat cri ynandine! % ven England for example, So there are many executive | Should be appointed to any place until the expira- | ing further I desire most earnestly to bring the at- | dent was authorized only to appoint the head of am might not.” [This case is of more value bec mine ihe nature and attributes of the tribunal before | powers expressiy limited in the constitution, such ng | tion of the Presidential terms in which such person | tention of the Senate to the averments of the Presi. | other executive department to fill his place ad Wax an indictinent for being accessors to rape upon | We tend to the scope and meaning of the accusa- | declaring war, making rules and regulations for the | Shall have served as Senator or Representative!’—as | dent in his answer, by which he justifies his | trlerim. Such was not General Thomas. He was his own Wife, and had no political influence im it tion before tt. | The tirst eight articles set out in seve- | government of the army and navy, and coining | remedies for some of the evils complained of; but | action in attempting to remove Mr. Stanton | simply an officer of the army, the head ofa bureau or = thd che ; ral distinct forms the acts of the respondent in re- ; : he vommittee say that “not being able to reform th War De whatever. it was rul 7 money. As some executive powers are limited by | the ry that ng able to reform the | and the reasons which controlled him in so doing, | department of the War Department, and not eligible. Goumeanak teen Consealee Pa ( aedcate moving Mr. Stanton from office and appointing Mr. | the constitution itself, it is net clear that the words | constitution In the election of President, they must | THe claims thaton the 12th day of August last he Trad | under the law to be appoint-d. So that his appount- reports, 621.) In the Burl of Portland's case, A, D. Thomas ad iceriit differ in legal effect in the pur- | “the executive power is vested in the President,” | goto work upon his powers, and trim down these | hecome fully of the opinion that he had the power to | ment wasan egal and void act. There have been two (ibid, State tri: the Commons objected [core for which and the tntent with which cither or | do not confer on him all execative powers, but | by statutory enactments whenever it can be done by | remove Mr. Stanton or any other executive officer, | cases of ad interim appointments which illustrate and oth of the acts were done, and the legal duties and | must be construed with reference to other constitu. | law and with a just regard to the proper efficiency of | or suspend him from office and to appoint other | confirm this position; the one was the appointmens rights infringed and the acts of Congrese violated in | {ional provisions. granting. oF Tegulating ‘specific government, and for this purpose reported six bills— | porvon to act instead’ “dudetinitely and at his | of Lieutenant General Scott. Secretary of War ed cords for being concerned in the | 8°, doing. — All the ariicles allege these acts | powers? The executive power of appointinent is | one to regulate (be publication of the laws and public | pleasure; that he was fully advised and believed, | interim and the other the appointment of Generat Portland was being brongit to | %de in contravention of his oath of office and in «is- | clearly limited by the words “he shall nominate and | advertisements; another to secure in office faithful | as he stiil belteves, that the Tenure of Civil Ofice act | Grant ad interim upon the suspension of Mr. Stan- trial, Voted and acted with the House of Lords in | Te#ard of the duties thereof, If they are so, however, | by and with the advice and consent of the Senate | collectors and disbursers of the revenues and | was unconstitutional, inoperative and vold in all its | ton, in August last, The appointment of Gener the preliminary proceedings of said trial, and were the President might have the power to do them un- | shall appoint ambassadors * * * and all other | to displace defaulters—the first section of rovisiona, and that he then determined at all | Scott was legal, because that was done before the re- Upon commmilitae of conteceree te pata tnd were | der the law: still, being so done, they are acts of off | onicers of the United States whose appointments are | which vacated the commissions of “all of- | hazards, if Stanton. could not be otherwise got rid | straining act of March 3, Isou, which requires the Kut the lords after discussion solemnly resolved | £ial misconduct, and, as we have seen, impeachable. | not herein otherwise provided for and which shall | ficers after a given date charged with the collection | of, to remove him from office in spite of the provisions | detail of the head of another department to actad Stat no lord “of Parkatuent, hmpesched “cf heh | The President has the legal power to do many acts, | be established by law.’ Is it nt more in accordance | and disbursement of the public moneys, who had | of that act and the ‘action of the Senate under | (erm. ‘The appolutiment of General Grant to take crimes and misdemeanors, can be precluded from | WHlch, # done in disregard of his duty, or for im- | with the theory of the constitution to imply the | failed to account for such moneys on or before the | it, if for no other purpose, in order to raise or a ju- | the place of Mr. Stanton during his suspension would voting on any occasion except on his own trial’? | Prober purposes, then the exercise of that ee, 1s | power of removal from the power of appointment, | S0th day of September preceding;” and the second | dicial decision the question affecting the lawful right | have been illegal under the acts I have In the trial of Lord Viscount Melville, A. D. 1806 | #2 oficial misdemeanor, | #x. gr.:—He the | restrained by like limitations, than to im- | section enacted that:—“At the same time a nomina- | of said Stanton to persist in refusing to quit said | he being an officer of the army and not the head of & (ibid 29, State Trials, page 1,208), some iF power of pardon. If exercised in a given case fora | piy it solely as a prerogative of executive | tion ts made to fill a vacancy occasioned — exer- | omce. Thus it appears that with full intent to resist | department, if it had not been authorized by the having been made as to the possible t corrupt motive—as for the payment of m OF | power and therefore illimitable and uncontrollable? | cise of the President’s power to remove from office, | the power of the Renate, to hold the Tenure of Office | second section of the Tenure of Civil Ofice act, which vortion of the peers (by the counsel for defendant), wantonly pardoning all eriminals—it would a Nave the people anywhere else in the constitation | the fact of the removal shall be stated tothe Senate, | act void and to exercise this illimitable power | provides that in case of suspension, and no other, Mr. Whitebread the managers on the part of misdemeanor. Examples might be multiplied | granted illimitable and uncontrollable powers either | with a report of the reasons for which such officers | claimed by him, he did suspend Mr. Stanton, ap- | the President may designate “some si person the Comme indefinitely. Article first, stripped of legal verbiage, to the executive or any othcr branch of the govern- | may have been removed; also a Dill to regulate the parently in accordance with the provisions of the act; | to perform temporarily the duties of such office until My lords, beon thrown | @ges that having suspended Mr. Stanton and re- | ment? Is not the whole frame of government one of | appointment of postmasters, and @ bill to | he did send the message to the Senate within thetime | the next meeting of the Senate.” Now, General out about th ‘ ported the same to the Senate, which refused to con- | checks, balances and limitation? Is it to be believed | prevent military and naval oMcers from being | prescribed by the act; he did give his reasons forthe | Grant was such ‘suitable person,” and wae cur in the suspension, and Stanton having rightfull that our fathers, just escaping from the oopressions dismissed the service at the pleasure of the | suspension to the Senate and argued them at | properly enough appointed under that pro- was given by au of Commons | resumed the dnties of his office, the respondent, wit of monarchical power and so dreading tt that they | President, by tnsorting a clause in the commission of | jength, actompanied by what he claimed to | Viston. This answers one ground of the culls tu @ court of Inw where he would | knowledge of the facts, issued an order, which is re- | feared the very name of king, gave this more than | such officers that “it is to continue in force during | be the evidence of the’ ‘omcial ‘misconduct | defence which is taken by” the President—that ne means Meat {ug | cited, for Stanton's removal, with intent to violate | kingly power to the Executive, illimitable and un- | good behavior,” and “that no oficer shall ever here- }of Mr. Stanton, and thus invoke the action | he did not suspend Mr, Stanton under the Tenure of loman came ai | the act of March 2, 1867, to regulate the tenure of | controllable, and that, too, by implication mereiy? | after be dismissed the service except in pursuance of | of the Senate to ‘assist him in displacing a high | Office act, but by his general power of suspension t certain ¢tvil ofiices, and with the farther intent to | Upon this point our proposition is that the Senate, | the sentence of a court martial or upon address to | oficer of the government under the provisions of and removal of an ofiicer. If the President did not remove Stanton from the office 01 tretary of War, in session, and an office, not an inferior one, id 7 ngress, 8 | act which he at that very moment believed to be un- | suspend Stanton under the Tenure of ice act Stanton f tice of Secretary of W: be a Nice, not an inferk the President from the two houses of Ce: ” i hh 1st he Te ft Om be- then in the lawful discharge of its duties, in contra- | within the terms of the constitution — ber it not remarkable that exactly corelative measures to | constitutional, inoperative and void, thereby show- | cause he deemed it unconstitutional and voi vention of said act without the advice and consent of filled, the President has the implied power these have been passed by the Thirty-ninth Congress | ing that he was willing to make use of a void act | there was no law authorizing him to appoint General the Senate and against Ue constitution of the United augurating the removal only by nomination of a | and are now the subject of controversy at this bar? | and the Senate of the United States as his tools todo | Grant, and that appointment was unauthorized by sari of Oxford and Lord impeached by the Commons same acts for whi answered as follows: be impene hig tified, then, in saying In the trial of Warren Hastings the same point was | States. Article second chit c yhen c hi - " + A s 5 rges that the President, | gucceasor to (he Senate which, when consented to, | It does not seem to have occurred to this able com- | that which he believed neither had constitutional | law and a violation of his oath of office. But the ewe Or more proper.) soeaking, wkea for granted, | without authority of law, om the 2ist of Fei- | works the full Temoval and supersedes the in- | mittee that Congress had not the power to curb | power todo. Did not every member of the Senate, | Tenure of Office bill by its express terms forbids any trial but bps it tu 170 peers Who commenced t ruary, 1848, issued a letter of authority to Lorenzo | cumbent. Such hasbeen, it is belleved, the practice | the Executive in this regard, because they as- | when that message came in announcing the n- | employment, authorization or appointment of filal Dut degat and pronyuced the verdict at the close, | Thomas to uct as Secretary of War ad inerim, | of the government from the beginning down to the | Serted the practi¢o of dismissing from office “to | sion of Mr. Stanton, understand and belleve Pine | person in civil ottice, where the -appointinens end mote of thos Pysind rs created since tho trial | the Senate being in session, in violation of the Ten- | act abont which we are inquiring, Certain it i@that | be a dangerons violgt a the constitution.’ In | President was acting in this case as he had done and with the advice and consent of began, a | liad not gy her Heard the opening or much | ure of Ofiice act and with f{utent to violate it and the Mr, Webster, in the Senate, in 1835, so asserted with- | 1890 Mr. Holmes intréductd an ve hee in the | in every other case under the provisions of this | the Senate, while the Senate is in session. m nee, and during the trial there had been | constitution, there being no vacancy in the office of | out contradiction, using the following lapguage:— Senate a serics of resolations which contained, | act? Did not both sides discuss the question under | If this act is constitutional—t. ¢., if it 1s not so far tm i, succession and creation more than 180 | Secretary of War. Article three alleges the same act ne " . te other be M1 among other things, “the righs of the Senate to in- | its provisions? Would any Senator upon this floor, | conflict with the paramount law of the land as to be use of a who bai lis judges. | as done without authority of law, and alleges intent al ahanee ine ee of the etd yay] quire, and the bd of the Presidewt to inform them, | on either side, so demean himself as to consider the | inoperative and void—then the removal of Mr. Stan- ; i also on this point In our | to violate the constitution, Article four charges that | other, without any previous act of removal whatever; and | When ond for what causes any officer has been question one moment if he hag known tt was then | ton and the appointment of General Thomas are nthe case of Judge Pickering, who | the President been from the | inoved in the reces.” In 1835 Mr. Calhoun, M f' th . | within the intent and ¢ President of the | both in direct violation of it, and are declared by $ trie uspired with Lorenzo Thomas and | this isthe ice of the government, and ¢ ed March. ised, for drunkenness in oitice, al- | divers otter persons with intent by intimidation and | first. pall the removaie which have teen made hey hare | Southard, Mr, Bivby Mr Webster, ‘Mr. Benton and | United States to treet tte deliberations and actions | to be high misdemeanors.” ‘The intent with wie preserved. tite teas Langan vet he had alt his rights | threats to prevent Mr. Stanton from holding the | Benerally, Been cfecind simply by mating cote api, | Mr. King of Georgia, of the Senate, were elected @ | of the Senate as vold ard of no effect, If its decision | the President has done this is not doubtful, nor are ainators Serer! Being pestponed a session; three | office of Secretary of War, in violation of the constl- | js’ no diminct official act | Commiltee to consider Executive patronage fad the | did not comport with hie views and purposes? And | We obliged to rely upon the principle of law that muel Suith, of Maryland; ‘Israel | tution and of the nct of July 31, 1861, Article Ave Pep ee Pe! of limiting. TI tee, oknow! nist be hel a 1 consequences 8 . 4 4 , 6 removal we looked into the practice and caused in- | Means imiting. That committee, with but ene | yet, whtie acknowled tent was in his mind | Man must be held to intend the legal Smulth, (of Vermont, “and John sinith, ‘of New | charges the sate conspiracy With ‘Thomas to prevent | quiries te be made inthe departments, and I donoticam | dissenting voice (Mr. Henton's) reported a Sau | Yo" horde ‘as naughes the judgment of the | of all his acts, ‘The President admits Kepreseutativns “ul been members of the Honse of | Mr. Stanton’s holding, and thereby to prevent the at any oush proceeding le Kacwa entry or record of | which provided in third section “that { Senate if it did not concur with his own, | that he intended to set aside the Tenure Heer date gua there voted in favor of im- | execution of the civil tenure act. Article six | the rewoval hn olicer from ofice, and the President would | jy all, nominations made by the President | and remove Mr. Stanton at hazards, | of Office act, and thus contravene the con- pea ae pe Pickering, were Senators when his | charges tliat the President conspired with Thomas | OPly set ip such cases by causing some proper record oF entry | tq the Senate to fill vacaticles occasioned by removal | and as I charge it upon him here, aa a fact noman | stitution, if’ that law was unconstitutional, trial came off. Mr. Smith, of New York, raised the | towelze and possess the ; to be made, 48 & proof of the fact of removal. T am awa res Aifally violated a . me Daa property under the control in whi orice has be wot | from Office, the fact of the removal shall be stated to doubt, with a full knowledge also that the Senate | Having shown that the President w! y As tint ere areroeen some caaea i ehich notice hae een the Senate at the same time that the nomination. ie | ca coraa that news tec under the provisions | ao act of Congress without justification, both in the 1 question asking to be excused from voting. Mr. | of ge War « a a oting. . ‘\epartment by force, in contra- | to in office that their services Smith, of Maryland, declared * ue would not be in: Soniten,. pis tae ace of July 31, 1861, and fren with. These are us made, with a statement of the reasons for such re- | of the Tenure of Oftice act, still thus deceiving them, | removal of Stanton and the appointment of Thos ho wor hie ake nh My any false delicacy; that | with fnter® to disregard the etyil tenure act. object Ia, Not to inform the incurabent moval.” It will be observed that this is the precise | when called to answer fer ‘a violation of that actin | for the purpose of obtaining wrongfully the posses , part, tte aticy Upon the subject; | Article seven charges the same conspiracy, with intent | Yut to tell him that a successor either ts ot by a day names | section reported by Mr. Benton in 1826 and passed to | his solemn answer he makes the shameless avowal | sion of the War Ome by force, If need be, and cer- the vote he had given in the ete cl TT if there bi Instances !n which such tr n duage Pickering would Have nay house to tmMpeach | only to Wolute the Civil Tenure of OMice aot. Articles | Mice ls Bren without express telerenee to the appointment | @ Second reading in the Senate, After much discus- | that be transinit to the Senate of the Culted | tainly by threats and intimidations, for the purpose 5 ? bnee upon him | 3, 4, 6, 6 aud 7 may be all considered together as to necrssor, they are few ‘these such refer sion the bill passed the Senate, 31 yeas, 16 nays—an tes a message made known the | of controlling Its appropriation through its ad tniertm in the courts a pps ae @ right to his vote, | the proof to Cd them. It will be shown ‘that, rust be impliod, ‘tecause a io case, is there ot daunctot. | ulmost two-thirds vote. Thus it Jrould seem the orders Aforesutd, ya which induced the | chief, who shall say that Andrew Jolinson is not 4 Bild hot by any aot of his deprive or con- | having removeal Stanton and appointed ‘Thomas, the | ficial act of removal, as I can find, unconnected with the act | ableat men of that day, of both political parties, sub- | same go far as the respondent then considered it | guilty of the bi crime and misdemcanors sent to deprive thent of that right, but would claim | President sent Thomas to the W: a ¥ 4 in the first eight articles? ao 7 A ‘ar Office to obtain | of appointment. scribed to the poWer of Congress to limit and and necessa'y that the same should | charged against him K caaniee ge Feotttet dy CUeE | Boskession; that, Kaving Leen met by Stanton with a | ‘This would seem to reconctie all the provisions of | control the Prosident. in hig removal from oflce, yd ee is, there is not | The respondent makes anewer to this view that the Hen: while he “had th Poo 4 to the | denial of his rights, Thomas retired, and, after con- | the ‘constitution, the right of removal in the | One of the most marked instances of the asecrtivn of | one word, one letier, one finplication in folate 1 penaie, ili he had the oor of a sca sultation with the President, Thomas a’serted his | President, to be executed sud modo, as is the power fis power in Congress will be found in the act of | that message that the President was not acting in cease a for hana ton p nd determined Dat ¢ ud upon question, it was Purpose to take possexsion of the War Omee by | of intment; the appointment, when consum- @nrilary 25, 1863, providing for a national currency | good faith under the Teaure of Office act and desiring | of bringing the m before the Supreme “ 4 On the trial, Th aye anaes Should sit and vote | force, making his boast {0 several public places of | mated, making the removal. This power was eiabo- and fig 9) ee, oh Compre ies Statutes at Large, vol, | the Senate todo the same. So the President of the | its adjudication, Lat ‘ : ed, in hymna ‘oe Of nineteen to aceon ead athe aftirmative by a vote | his ititention so to do, but. Was prevented by being | rately debated in the First Congress upon the bills | 12, p. 668.) This controls both the apptontment and | United States, with a determination to assert at all | the attention of the Senate to this consideration, tag od to aveaceman all the gentlemen sat and | promptly arrested by ‘process from the court. ‘This | establishing @ Department of Foreign Affaire and | the removal of that officer, enacting that he shall be ery | they may take it with them as ot ne trial of Samuel Chase bar during the trial. On the | will be shown by the evidence 6! lov, Mr. Van Horn, | the War Department. The debate arose on the mo- | appointed, on the nomination of the Secretary of the nate, d ward:—We claim that the question of the consti ites ae ase before the Senate of the United | a member of the House, who S748 present when tion, in Committee of the Whole, to strike out, after | Treasury, by and with the advice and coneent of the | deem it “material or necessary” that the Senate | tionality of any law ol pnarese is waee da a . ‘ Was decided be ge Was attempted, although the case | the demand for possession of tix? War OMice was | the title of the officer, the words ‘to be removable | Senate, and shall hold hia oMice for the term of | shonid know that he hed suspended Mr. Stanton in. | totally irrelevant Mad becatise ail the power or Party tic Uy an almost strict party vote in high | made by General ‘Thomas, are le, public. | from office by the President of the United States.” | Hive years, unless sooner removed by the President, | definitely against the provisions of the Tenure of | right im the President to 1088. askoos LA ad, ti pro subtiess many of the Senators had * | rer ysed confitct with an act of formed and’ expressed opinions pon he comtare ~ ‘arth testimony of Hon. Mr. By."¢igh, who | It was four days discussed in Committee of the Whole | by and with the advice and consent of tho Senate, | OfMice act, with fall intent at all hazards to remove | pu law of the constitution’ is ext That arbitrary judge but jearned lawyer knew too | told by much to attempt any such futile movement as a chal- lenge to a Seuator. e of the as than anomalous : In the evening of the 2iat of Febuary, was | in the House and the clause retained by a vote of 20 is was substantially re-enacted June 8, 1! W and that the solemn deliberations of | paramount mas that he intended to take py.“session | yeas to 34 hays, Which seemed to establish the power | with the addition that “he shall be removed the Senate, which tle President of the United | when Cy 8 bees on CY Li an pened r—} r OMice by force the following mo"ning, | of removal as’ either by a legisiative grant or con-.| upon reasons to be communicated to the Senate," | States was' then callhg upon them to make | returned pe pe bag tain it is that the proprieties | and Invited hin up to seo the performance, Mr. ) struction of the constitution, But the trlumph of tts | Where were the vigilant then in Doth houses who | in ® matter of the highest governmental | his veto It becomes as valid as it in fat % marred by the worse | Burleigh attended, but the act ‘ald not com of, cor | friends was short-lived; for when the bili came up in | now #0 denounce the power of to regulate | concern, were only to be of use in case they suited | him. The constitution bas provided three proceeding of the challenge | Thomas had becu arrested and held to val ‘pe | tho House Me. Benson moved to amend tt by seenog the appointinent and Fomoval of offeers by the Preal- his purposes; that tt yas got “material of noses: | all equally potent, by whioh « pill brought inte q * ae an ne ll - ” ome pemmeg a