Ell
'Ojs littAnit A**.
nominations of officers appointed by him
during the recess of that body, and after
their adjournment reappointing others who
had been rejected by them as unfit for the ,
places foi which they.lutd been appointed.
For this he had broken the ,privileges of,
and insulted the ,Congreis of:the United:
Stales by instructing them that the work ;of
reconstruction bekliged to him only, iitul
that they had;no legislative right or duty in
'the preMisea„ but Only to regiater his willby
throwing open their doors to such Vaimants
as might come there with commissions from
his pretended govol_ments, that were sub
stantially his own.
For this, on their refusal to obey his im
perial rescript,' he had arraigned them pub
licly as a revolutionary assembly, and not
a Congress, without the power to legislate
for the States excluded, and as "traitors at
the other end of theline." in actual rebellion
against the people they had subdued.
• For this he had grossly abused the veto
power, by disapproving every important
measure of legislation that concerned the•
rebel States, in accordance with his public
declaration that he would veto all the meas
ures of the law-making power whenever
they came to bim.
lor this he had deliberatelyand confess
edly
exercised a dispensing power over the
test oath law by appointing notorious re
bels to important places in the revenue ser
vice, on the avowed ground that the policy
of Congress, in that regard, was not in ac
cordance with his opinions.
For this he had obstructed the settlement
of the nation, by exerting all his influence
to prevent the people of the rebel States
from accepting the constitutional amend
ment or organizing under the laws of Con
gress, and impressing them with the opin
ion that Congress was blood-thirsty and im
placable, and that their only refuge was
with him.
For this lie had brought the patronage of
his office into conflict with the freedom of
election by allowing and encouraging his
official retainers to travel over the country,
attending political conventions and address
ing the people in support of his policy.
For this, if he did not enact the part of a
Cromwell, by striding into the Halls of the
Representatives of the people and saying to
one man, " You are a hypocrite;" to
another, "You are a whoremonger;" to' a
third, "You are an adulterer ; " and to the
whole, ''You are no lenger a Parliament:"
he had rehearsed the same part substantially
outside, by traveling over the country, and,
in indecent harangues, assailing the conduct
and impeaching the motives of its Congress,
inculcating disobedience to its authority by
endeavoring to bring it into disrepute, de
claring publicly of one of its members that
lie was a traitor, of another, that he was an
assassin, and of the whole that they were no
longer a Congress.
- For this, in addition to the oppression
and I bloodshed that. everywhere resulted
from his known partiality for traitors, he
hail winked at, if not encouraged, the mur
der of loyal citizens in New Orleans by a
confederate mob, by holding correspondence
with its leaders, denouncing the exercise of
the right of a political convention to assem
ble peacefully in that city as an act of trea
son proper to be suppressed by violence, and
commiuntmg the military to assist, instead
of preventing, the execution of the avowed
purpose of dispersing them.
For this, it is not too much to say, in view
of the wrong and outrage and the cry of
suffering that have conic up to us upon
every southern breeze, that lie had in effect
reopened the war, inaugurated anarchy,
turned loose once more the incarnate devil
of baffled treason and 'unappeasable hate, -
whom, as we fondly thought, our victories
had overthrown and bound in chains, or
dained rapine and murder from the Potomac
to the. Gulf, and deluged the streets of Mem
phis as well as of New Orleans, and the
green fields, of the South, already dotted
The master-key to the whole history of with so many patriot graves, with the blood
his administration, which has involved not of martyred citizens. * . 0 *
a mere harmless difference • of opinion, as
one .of his counsel seems to think, on a But all these things were not enough. It
question
wanted one drop more to make the cup of
- shere gentlemen might afford to forbearance overflow--one other act that
disagree without a quarrel, but one long
and unseemly struggle by the Executive should reach the sensoritun of the nation,
against the legislative power, is to be found and make even those who might be slow to
in the fact of an early and persistent pur- comprehend a principle, to unde that
pose of forcing the rebel States into the further forbearance was ruin to sally and
that act was done in the attempt to seize by
Union by means of his exectitive authority,
in the interests of the men who had lifted force or stratagem on that Department. of I
their parricidal hands against it, on terms the Government through which its armies
dictated by himself, and in defiance of the were conlled, It was but a logical se
will of the loyal people of the United States quence of had gone before—the last of
as declared, through their Representatives, a series of what, usurpations, all looking to the
same great object. It did not rise, perhaps,
To accomplish this object, how much has bey and the height of many of the crimes by
he not done and how much has a long-suffer- which it was ushered in. But its meaning
ing people not.passed over without punish- mild not be mistaken. * * * *
ment and almost without rebuke ? Let his
tory, let public records, which are the only
And now as to theimmediate issue4tution
which
authentic materials of history, answer, and I propose to discuss only in its cons
they will say, that— al and legal aspects.
For this, instead of convening the Con- The great crime of Andrew Johnson, as
gress in the most momentous crisis of the already remarked, running through all his
administration, is that he has - Violated his
State, he had issued his royal proclamations
for the assembling of conventions and the oath of office and his constitutional duff&
erection of State governments, prescribing by the obstruction and infraction of the Con
stitutton and the laws, and an endeavor to
the qualification of the voters, and settling
set up his own will against that of the law
the conditions of their admission into the
Union. , •• making power, with a view to a settled and
For this he had created offices unknown
persistent purpose of forcing the rebel States -
!
to the law,
and filled them with men no into Congress, on his own terms, in the in
torionsly disqualified by law, at salaries Wrests of the traitors. and in defiance of the
• fixed, by his own mere will. - will of the loyal people of the United States.
For this he had paid those officers in con- The specific offenses charged here, which
temptuous disregard of law, and paid them, are but the culminating facts, and only the
too, out of the contingent fund of one of last of a long series of usurpations, are an
the Departments of the Goyernment. 'unlawful attempt to remove the rightful'
For this he had supplied the expenses of Secretary of War and to substitute in his
his new governniCent by turning over to place ft creature'of his own, without the ad
-them the spoils of the dead confederacy, vice and 'consent of the Senate, although_
and authorizing , his liairniii . to levy taxes then in session; a conspiracy to hinder and
from the cofiquerefl prevent him from resuming or holding the
For this h ).
e .., people.
41.1 L - d away unnumbered said office after the refusal of the Senate to
millions of the pUblic pfoperty to rebel rail- concur in his suspension, and seize, take,
sal it
without consideration, oe and possess the property of. the United.
r- ~, it them in clear violatien of law, on States in said Department; an attempt to de
bauch an officer of the Army from his alle
iong credits, at a valuation of his own and
whatever gime° by
without any security. ,inculcating insubordination to, the
For this lie had stripped the Bureau of law in furtherance of the same object; the
Freedmen and Refugees of its munificent attempt to set aside the rightful authority
endowment, by tearing from it the lands of Congress and•to bring it into public odi
rlated by Congress lathe loyal wards
!IPProPuta and contempt; and to encourage resist
of theltepublic, and restoring to the rebels dice to its. a ws by theopen andpublic de-
.
their plank forfeited estates afterlivery the same live of indecent harangues, impeaching
.
had heeri,veited by law in the Government its acts and - pinions and full of threats-and
of the United States: , menaces agamst it and laws enacted by it,
Fcirliiis he had invaded with a itithloos to the great scandal and degradation of his
own high office. as President- and the devising
hand time very-peue ral of the :Treasury . . i , .
old plundered its contenta - for'the benefit-of and contriving unlawthl means to present,,
the execution of the tenure of-office, Asiny,
favored rebels by- rdering the. restoration
. , the proceeds of sales of captured and abed.; 5 1 1kETrictioti, and reconstruction eietti,pf,
.dened prop,e.rty which had been placed in its , March . ,
custody, b y j aw.
~ _ , , . ;, • To, all of these which relate to the attempt
- -For this he had grossly abused, the par; ed removal of the Secretary of War the ans.
doning,power, conferred on fpm by, the Comm. •wer is:
. • Mit ti n. in releasing the most , active and -1. That the case of Mr. Stanton is not
fornowe of thee
. laders of the . rebellion within the 'meaning of the first section of
' '
,
with a stiew,to.. their ; service lit „SIMI 'further- the tenure-of-offlee act. • • ,
arice.q,ntipoligy, and even delegated that &avid. That if it be, the act is unconati-,
.. . ptriverfor, the Kane objects tomenwho were . . ii: and void so fai as it nfidertakes to..
' •
indebted to? Ats, exercise far their own escape abridge the power claimekby him - . of "re
,.. from punistunot, , - . . , moving' t any and atoll times an executive
. -
For this he had obstructed the course of officers for causes to,bejudged of by himself.
public justice-not: only by refusing to enforce alone," as - welt as of: suspending them in
, the laws enueted for the suppression of the definitely at his sovereign andpletuntre;
rebellion and the, Denhibment, of . treason/. iind, , ' ' •• 7 ' '' ' ' ~. ' ' ':
r , , i , -
but by'gping into d le cmirte and turn i n ithe , 1••• Third. That - whether the act be 001113tRUP
greatest n -thepublitnialefactOrs loose , mind irons' 'pr otherwise , It *is lffitllght, atv he'
. . ; , surrendertug allColitroiover them bY VW', AM* if 14, 11 i Vitt:eon hlsPtliPesec to disobey
T estgelkin,pf their- estates ,. , _ 1 ".,—;
.01041014te It whit '4' vlpit tellte settle
;For.,4l4o . ho; 41 . I .thltaed the EIPOO I I4 ' . ;iikentff*:tiueelon Of, 141404 .: by the`
l r ' 1 POWeati r il l k 2 ne ln " ai l, on sYsteni,,, of tag* . jgoron 0.r., 4e prAtkpa Stits , .1 • .
ii 1 t0r1914 filtKic yiPeer5 .... .17:40. other ' reamik ~. c 411dMe rash) tholgietiozywleihertue;
r•llti 1, • - 'he° 4 l l °lwaY : 71 "'""' . 1 4 4 4 0, him la. retest , :p egratiiy vf wai ww Jun8311E464
1: 4 1 .101411 P vt9.‘tlthoCoN: , Mimut u thisi, ibeixesitaiWittihr4Retzstseett*kt
; 4,
t • IR Iviwknie legAstfifft: Mferiefitlie Govg tlth Art iiiiir t0,:: r 7 1 ,..," L. ' ' ''' 4 ' '' ' '''
1(1 , elintil, 1 t4 ).:,1' , e',/b •i .- ',, •i' ilid i d ' 'MI" - widiseVos:hot, for
&tzJt; c,-;.l { 3Aor lik o erne 44#14 iiiii 'ffi • f ifff, ;,b l ill9lgoalssion
.431 2 ast .
rwdl AW1 , 47 , • • lAits 6 4 l 11} liiiMcti c , *4 I N 0 ;111 0 *. i 4 70t,
etad .2,-.!- - ~ .z0ui. 4 0:,.. - 1,-; f...w.:0 i. rttlovrl ; 1 ''— "" '- g. r ' ' I t '-'
11 ' . t '
.'sec s ,1,,:. . l'filr.n ~,,en:r. ca e, clillt ER , re l y . * l l.lO t
- ' isa ,- It. 1 , 12c.al , •,<1;; . ; >t,l': .0.... W ; .14. , fl'er i ...:
I"E ACIIMENT
*
Extracts from theOlpeecti of non Thomas
Williams: one of the *onagers for the
iiei!se- !le/livered Before the Senate,
Attrit 27th andiSth, 110 . 1343.
Mn. PRESIDENT AND SENATORS OF TILE
UNITED STATEs : Not unused to the con
flicts of the forum I appear in your presence
to-day in obedience to the command of the .
Representatives of the American people,
,undez a sense of responsibility which I hafe
never felt before.. This august tribunal
whose judges are the elect of mighty prov
inces—the presence at your• bar of the Rep
xesentativei of a domain that rivals in ex
3nt the dominion of the Ciesars, and of a
civilization that transcends any the world
has ever seen, to demand judgment' upon
the high delinquent whom they have ar
raigned in the name of the American people
-for high crimes and misdemeanors. against
the State, the dignity of the, delinquent
himself, a king in everything but the name
and paraphernalia and inheritance of royal
ty, these crowded galleries, and, more than
all, the greater world outside which stands
on tiptoe as it strains its ears to catch from
the electric messenger the first tidings of a
• verdict which is either to send a thin' of joy
-through an afflicted land, or to rack it anew
with the throes of anarchy and the convul
sions of despair, all remind me of the collos
sal proportions of:the isssue you are assem
bled to try. I cannot but remember, too,
that the scene before me is without example
or parallel in human history. Kings, it is
true, have been uncrowned, and royal heads
have fallen upon the scaffold; but in two
single instances only, as I think, have the
formalities of law been ostensibly invoked
to give a coloring of order and of justice
to the bloody tragedy. It is only in this
free land that a constitutional tribunal has
been charged for the first time with the sub
linie task of vindicating, an outraged , law
against the highest of its ministers, and pas
sing jUdgment upon the question whether
the ruler of a nation shall be strip lied, un
der the law and without shock or.violence,
of the power which he has abused. * * * *
The man who supposes that this is
but a question of the removal of an ob
noxious officer, a mere private quarrel be
tween two belligerents at the other end of
the avenue, wherein it is of no great na—
tional consequence which of the opposing
parties shall prevail, has no adequate ap
prehension of the gravity of the case, and
greatly disparages the position and the mo
tives of the high accusers. The House of
Representatives espouSes no man's quarrel,
however considerable he may be. It has •
but singled out from many others of equal
weight the facts now charged, as facts for
the most pare of recent occurrence, of great
notoriety, and of easy proof, by •way of
testing a much greater question without loss
of time. The issue here is between two
mightier antagonists, one the Chief Execu
tive Magistrate of this nation and the other
the people of the United States, for whom
the Secretary of War now holds almost the
only strong position of which they have
not been dispossessed. It is but a renewal
on American soil of the old battle between
the royal prerogative and the privileges of
the Commons, which was closed in Eng
land-with the reigns of the Stuarts—a strug
gle for the mastery between a temporary
Executive'and the legislative power of a
free State over the most momentous question
that has ever challenged the attention of a
people.
*• *
, ... . .
,
_,....
„_.--
• ..
,
,*--",--,.,-----:i-S,,=<,-,u,A,.rw.,...-'4*,44,,X,-41.t..-:-A1,..±i.,...A.4.421,.,:;74;;;;;;,-...,.1-,,,,,:NL,,,,,,,;..„,,,,,,7.7.g,-..--•
act - .-1. , ' . .- -- --7 - v-,----;- , 7 -4.. ..-......,:r:-.1---7-4.7,7.7-4,7rzej,-;,,..4tr -...-. .. ~..1.,4,4 *,••,... .......trAv..•.:Wr.11_,.;...=Mg....,,
_t........,,..-V;.4:;..f.r.E.,..„.. .y.b.6,•••.›,,,,..y...,.(3,-.6.,4,1-4J-iPes,*ll,4-;,V.F.
t.,,,
..
,•••,•!;.,r,r,•,,...77.,...„,.•-;_,..cr...- • ri7•••;;:itati..1i_44..,:i.,,,„;...4.;„ 1 , 4 ` ..;% - ‘ 11 . ,. ...•, - .. .4,14.A.:;',..•,*•....• ',' 5 e,4,-,1C.1;,. ...,.. C..47.41,..'"A•ZW - '
' -',-"..,,,,Z.W.."•P',...t.e•,-4V''Cr''.l/4". -TM 1:. ,,,,,,,, :••W' ,. ! ,V4j 4 .. - ,T•tr - '*A?..%-• , " . ..32, 11
-.•-.1.• ''v"At..,.,-..,.•-'•''r....M-t-..•V'-T.-7;-W•ViW^•.''-'•'O.•4-V-`';;,,4,ta'•'r.,- -I',s•'''''' • 'd-**•-••••.V.,•4:e.a.i.WAVX•I4.ILr. 44•V'' - •• ' • " "...s.- iI k e . .t• C 4•Mt. e .P.V.J.F.;44,- - ....: .• •.- 4.1/..04. ;t '
• . •''
4 " .4 " ---C ''''"A'''' , ''...,•'• . J ;‘,. .4, ...., . .• , •
7V-Z;•.,_'...11..,',W.1.Ari1y.....44*.•441.ei . ••••-, ,
, ... ,- gt.e.,..v..---......> ~.... - ` W
~t
..
PITTSBURGH GAZETTE : FRIDAY. MAY 1. 1868
on his accession, continued by reason there
of to hold,the office and administer its duties
T , 401.1iiisiire only, without having at any
time 'received any appointment from himself;
aistiming, as I understand, eitherthat under
The proviso to the first section of this actthe
ease was not provided for , or that by foiCe
of its exPress languag e , t office offi*as deter
'Mined by thd &spin on of the first term of
the President' whii appoint e d hi m
-:.The body, or enacting -dame of this See'
thin, provides that event perSOII then hold
ing any civil office who , had been appointed
thereto by and with the advice and consent
of the Senate, or who should be thereafter
appointed to any such office, should be enti
tled to hold until a successor is appointe4in
the like manner. . - - •
It is clear, therefore; thtttits general 'olile — et•
was to provide for all cases, either-then e*-
'sting or to happen in the fature. 2 -- i
' It is'objected, however, that so .much of
this clause turrefers to the heads of Depart
ments is substantially repealed by the saving
clause, which is in the following words
"Provided, That the Secretaries of State,
of the Treasury, of War, of the Navy, and
of the Interior, the Postmaster General, and
the Attorney General, shall hold their offices
respectively for and.during the [term Of the
President by whom they may lihve been ap:
$
pointed, andliii•otie month th idafteri sub
ject to removal by and with th advice and
consent of the Senate." .
This. proviso was the result of a confer
ence on the disagreeing votes the amend
ment of the: Musa striking out the excep
tion in favor of the, heads of Departments,
and ,iva.s• suggested—if he may be excused
the egotism—by the individual' new
addresses you; and to whoni, as fhe mover
and advocate of the amendment, was very
naturally assigned the duty of conducting
the negotiation en the part of the House,
for the purpose of obviating the objection
taken in debate on this floor, by one of the
Senate managers, that the effect of the
amendmentswould be to impose on an in
coming President a Cabinet that was not of
his own selection. I may be excused for
speaking of its actual history, because that
has been made the subject of comment by
the learned counsel who opened the case on
behalf of the President. Xf it was intended
or expected that it should so operate as to
create exceptions in favOr of ean officer , ,
whose notorious abuse .of powlr w'as the
proximate cause, if not the impelling mo:'
tive for the enactment of the law, I did not
know it. It will judged, however, by
itself, without reference either to the par
ticular intent of him who may have penned
it,. or to any . Lasty opinion that may tine,
been expressed in either House as to Ala
construction of which it might be possibly
susceptible.
The argument of the defendent rests upon
the • meaning of the word "appointed."
That word has both a technical and drq:lopu
lar one. In the former, which involves the
idea of a nomination and confirmation in
the constitutional way, there was no ap
pointment certainly by Dir. Johnson. In
the latter, which is the.sense in which the
people will read it, there unquestionably
was. What, then, was meant by the em
ployment of this word?
It is a sound and well.accepted.rule in all
the courts, in exploring the meaning of the
law-,giVer, especially in cases of remedial
statutes, as I think this is, if it is not rather
to be considered as only a declaratory one
in this particular; to look to the old law, the
i
mischief and the remedy, and to give a lib
eral construction to the language n favor-.
em libertatia, in order to repress the Mischief
and advance the remedy; taking the Words
used in their ordinary and, familiar sense,
and. varying, the meaning as the intent,
which is always the polar star, may require.
Testing the case by . this rule what is to be
the construction here?
Thit old law was—not the Constitution—
but a vicious practice that had grown out of
a precedent involving an early and erron
eous construction of that instrument; if it
was intended so to operate. The mis.
chief was that this practice had rendered
the officers of the Government, and among
them the heads of Departments, the most
powerful and dangerous of them all, from
their assumed position of advisers of the
President, by the very dependency of their
tenure, the mere ministers of his pleasure,
and the slaves of his imperial will, that
could at any, moment, and as \ the reward
of an honest and independent opinion, strip
them oftheir employments, and send them
back into the ranks of the people. The
remedy was to change them from minions
and flatterers into men, by making them
free, and to secure their loyalty to the law
by protecting them from the power that
might constrain their assent to its violation.
To accomplish this object it IFIIB necessary
that the law should cover all, of them, high
and low, present'and prospective. That it
could have been intended to except the
most impertant and formidable of these
functionaries, either with a view to favor
the present Executive ' or for the purpose
of subjecting the only head of a Department
who bad the confidence of Congress to his
arbitrary will, -is. as unreasonable and im
probable as it is at variance with the truth
of the fact and. with the obvious general
purposes of the act.
, -
For the President of the United States to
say, however, now, after having voluntarily
retained. Kr. Stanton for more than two
years of his_ administration, that , he was
there only by'sufferance, or as a mere mom
hie, or heir-loom, or incumbrance that had
passed to - him with the estate, and not by
virtue of his own special appointment, if
not ,spaltering with the people in a double
sense ' has very much the appearance of
a not very respectable quibble. The un
learned Man whO reads the proviso T asthey
for whose perusal it is intended will, read it
-and who is not accustomed to handle the
Metaphysical scissors of the professional cas
uists who are able "to divide dhair 'twixt
west and northwest side," while he admits
the ingenuity of the advocate,- will stand
amazed, if he does not scorn the officer wito
would- stoop to the use of such a subter
fuge. * * \ , C:* , :. * * *
Assuming again, however, that, as
_is
claimed by the defense, the case ':of hf.r.
Stanton does,not fall - within the Proviso,
whikt, then, is the result l' f ls it the pre
dicament of a easua oniirsur,altogether 1 , Is
he to be hung up,, like, Afahomet's coffin,
between the body of the act and the previa?,
• the latter .nullifying the former' oni•the pre
-text of an , exception, and then - repudiating
the exdeption itself as to the particular case,
or is the obviat; and indisputable purpote
of providing for':alV.eases whatever, te fie.
carried out by..-falling back on the general
enacting clause which would make him im
movable' by the President alone, and leav
ing him outside of the provision as to
tenure; which was' the sole object of the
`exception f' 'Mere Is - nothing in , the
saving clause'which is''' at' all - . incon
,sistent with what goes before. ••• The pro
vision that takes every officer out of the
power Other rrpsident Jo not departed from'
-in. that „clatise..i , All, la, enactaAa ; that • ther
tenureshall be tr dettrialriate one l'ln 6.14.
that fall Within:it. f If Kt •Eitantnn tuna tip' ?
pointed7;br President , lONIC the
meaning orthe proviso, he holds, of course;
ihiffiltitieritilintien'ot bleietti: - If not, he
11 ) 1.
l aue
holkall_NOClAoyem Alm ear* -officers
~- p -_
,laft.:, , . ..tla ' : ult .,
I.i .een so
0 ..., ~ ..:
... 4 . xj Ilk *.#• me a
, . - ' ...... • , I f . , , 64 , ,, sp e d.'
Imi r oak 4 l.': .? tv ' to litatecildiii. 'TA
p
no t . . ~ mCdpnqcoludder It nti*
sat* 1000. W. 2-FAP9Olgttnto , :thtl Ism f
:VA 0-fewvAiir ofmehr y r :*
van' C. 24,7 itullitli oikr, F.:214/CL; 6 rein , oeigii
:ritin;-', ne.l trqatt" r" , .!ft Er, .) , !fltrtpv..l sJIT ,terf;
or not. It will be hardly pretended, how
ever, by anybody, that he was intended to
be excluded entirely from its opetntion.
Nor is the case helped by the refeience to.
the Towlicsection" of 'llie 7 4 - .llet,•.which pro-;
vides that nothing therein .contained shall
be etintititied to extend the term, of any Vll
etir the duration of whirat is limited by leiv.
The office in - question was .one of those of,
which the tenure - Was indefinite. The Pein-;
struction insisted onby me does not inked
it. The only effect is to takeaway the peitv
er of removal fromthe President alone and
restore it to the parties by whom the Con
stitution ingsided that it should be exercised.
AsEuming, then, that the case of Mr.
Stanton is within the law, the next question
is as to the-validity-of the law, itselt.--Aild
lieie we are mat, for the first time in our ,
history as a'nation; by the assertion on the
part of the President, of the illimitable end
uncontrollable power under the Constitu-,
Lion, in accordance, as he insists, with the
judicial' opinion , the professional sentiment,
and the settled practice •under, the Gevern
ment of removing at any and all • times all
executive officers whatever; without respon-•
sibility to anybody, and 'included therein
the equallyuncontrollable power of suspen
i -
ding them ndefinitely and supplying ; their
places from time to time by appointments
made by himself ad inter:tn. If, there b e
any case where the claim' has heretofore ex
tended, even , in • theory, beyond the mere
power to create' 'vacancy by removal dur
ing the recess of I the Senate, I do not know
it. If there be any wherein the power to sus-
Dend indefinitely, which goes even be
yond this has been asserted, it is
equally new to me.' This truly re
gal pretensidn has been fitly re
served for the first President who have ever
claimed the imperial prerogative of founding
goVernments by proclamation, of taxing
without a Congress of disposing of the
public property by m illions at his own will,
and of exercising a dispensing power over
the laws. It is but a logical sequence of
what he has been already permitted to do
with absolute impunity and almost without
complaint. If lie could be tolerated thus
far, why not. consumate the' work which
was to render him supreme, and crown his
victory over the legislative power by setting
this body aside as an advisory council, and
claiming himself , to be the rightful interpre
ter of the laws? The defense made here is
a defiance, a challenge to the Senate and_
the nation, thtft must be met and answered
just now in such a way as shall deteimine
which, if any, is to be the master. If the
claim asserted is to be maintained by your
decision, all that will remain for you will
be only the formal abdication of your high
trust as part of the appointing power, be
cause
there will be then absolutely nothing I
left of it that is worth possessing.
But let us see what there is in the Consti
tution to warrant these extriwagant-preten
sions, or to prevent the passage of a law to
restore the practice of this Government to
the theory of that instrument.
Ido not propose to weary you with a
protracted examination of this question. I
could not add to what I have already said
on the same subject in the discussion in the
House of the bill relating to removals from
office in December, 1860, to which I would
have ventured to invite your attention, if the
same point had not been so fully elaborated'
here. You have already passed upon it in
the enactment of the present law by a vote
so decisive and overwhelming, and there is
so little objection on the part of the counsel
for the President to the validity of that law,
that I may content myself vvitti condensing
the arguments on both sides into a few gen-
eral propositions which will comprehend
their capital features.
The first great fact to be observed is, that
while the Constitution enumerates sundry
offices, and provides the manner of appoint
ment in those cases, as well as in "all oth
ers to be created by law," it prescribes no
tenure except that of good behavior in the
cases of the judges, and iientirely Silentym
the subject of removal by any othet - process
than that of impeachment.
From the inferences are :
1. That the tenure of good behavior, be
ing substantially equivalent to that for life,
the office must in all other cases be deter
minable at the will of some department of
the Government, unless limited by law;
which is, however, but another name for
the will of the law-maker himself. And this
is settled by authority.
2. That the power of removal at will, be
ing an implied one only, is to be e,onflned
to those cases where the tenure is not ascer
tained by law; the right of removal in any
other form than by the process of impeach
ment depending entirely on the hypothesis
of a will of which the essential condition al
ways is that it is free to act without reason
and without responsibility. _
2. That the power of removal, being im
plied as a necessity of, state to secure the
dependence of the Officer on the Govern
ment, Is not to be extended by construction
so as to take him out of the control of the
Legislature, and, make him dependent on
the will of the Executive.
The next point is that the President is by
the terms of the Constitution to "nominate,
and by and with the advice and consent of
the Senate appoint," to all offices, and that
without this concurrence he appoints to none
except when authorized by Congress. And
this ,may be described as the ruftrof the Con
stitution.
The exceptions are: •
1. That'in the cases of inferior offices the
Congress may lodge this power with the
President alone or with the courts ,or the
heads of Department's; and
2. That in: cases of vacancy happening
during the recess of the Senate he may—not
aoint—but jili them up by granting com
missions to expire at the end of the next ses
sion of that
.From which it appear*—
1. That the President cannot, as already
:stated, in any efts°, appoint alone without
the express authority of Congress, and then
only in : the case of inferior offices.
2. That the , power to supply oven an acci
dental vacancy was only to continue until
the Senate was'in a condition to beconsult
ed and to Ovise\ and.not act upon the case ;
and
8. As a corroilary 'Ca= these two
.propo
sitions, that if the poiver to remove in cases
where the tenure Is, Indefinite be, as it Is
solemnly conceded by ,the - Supremo court
• • ef the Unite Staff to re lipenan (ta Pe•
rpm) an Incident to the power to - appoint, it
;belongs to the President and Senate; and not
to the President alone, as It was held in that
case to be ince° - judge who made the apr,
pointment. •
The argument upon which this impl ied
and`merely - inferential Otter, not of "Sling ;
up,",but of makfay, 'v ac ancy during-the.
recess-Lvhfeh claimed to extend to
the making of a **pox , pt. - any': titqe—has
boon, defended, iB ,
lcolooitYfor thi ex"
4ipiase ot•ruauu Illewerf aring,the recess of
the ; Bowel other, words, the argu
ment qbinconeenfenii. •
mod ~T hat ther:•power of removal is a
tolfrative function, ..llll.ll4.
17 1 . 1 4'grftt in the est tee oti
Ilitt Mu* Vit ft qlo Conetitt4 l 9 l l , " ma
Intviiiiiritedtlie`poWer to Miirotig t an t rqr
1 /4 04 Abrs auk Ito baccnotimd:
I in ail easei w =3ll.l°PlP—hli
•
I 4x4extiell, er, • Ati &mot
P• , thollienstee= n to
" feramOite NO; brow
• ' '
I Yr • ' riti° '
.t's • •
ocl.) • ,
4 ''• "`
PR)D - NliViziiii;Vd
$8 'ONLY
.1,
• -A FULL SET OF.ARTIFICIAL TEETH
FOR EIGHT DOLLARS. A ,
FULL-UPPER AND \ LOWER SET EFORA3S.
TEETH..EXTRACTLID WITFIOUTTAINe
470 MAIMS FONEXTPACTIEGEN ARTI
FICIATPFEETH AGE ORDEFISD.
ALL WORK VAR ED FOB =FIVE XEAR.S.
LAUGHING ees :FREE- OF
• -
QUINCTTA. `SCOTTS
Stiam bentia Establishment,
278 PENN STREET, 3D DOOR ABOVE HAND.
•
N. 3.—As DR. SCOTT is a licensee under 'the
Goodyear Patents, he will not make any “new (bo
ups) rubber" sets, but will continue to manufacture
the genuine articIo—VULCANITE. .mII23:dET
' GAS - PLIMMEIT .
GAS FIDETITRES
AND
Cria 4196 n CI oiler's,
FOR GAS AND OIL.
'Just received, the finest and largest assortment
ever opened In this city.
WELDON & KELLY, "
147 WOOD. STREET, COR. VIRGIN ALLEY
inh24:n22' , •
DRY GOODS.
87. MARKET STREET. BF7
•
SPRING OPENING !
AT
THEODORE F. PHILLIPS',
(Succee'eor to J. M. Burchfield 8 Co.)
SIVNG-DRY GOODS.
SPRING DRY GOODS.
SPRING DRY GOODS.
PHILLIPS respectfully announces that the
extensive alterations to his
RETAIL DRY GOODS STORE
Are completed. and his establishment is NOW
OPEN. He offers an entirely
• New Stock of Dry Goods,
For 81: i r s u e p r v e t . Sommer Wear, at the lowest East
ernaoll: 137.... MARKET STREET—An.
<4 (
P 4
- igni
6 g
p 4
l ip / CD
O
E-1
pi t -4
r.
r ill r 4
0:1 w
0
0 P
b. M ,c 4
E
E -t _
. 43 1
o -
Z q . te
AT DENNISON & HECKERT'S,
• 7.Fi.fth Street.
PLAIN LINEN HANDKERCHIEF'S, 8 cents
ALL a TA d Ti d liEld-STITCHED HAMMER=
vrAT C C H H LEF2 I 3 I Lor l i ti r aikts and uppwards.
BOXES, WRITING
DESKS.
HOSIERY, In all grades and at all prices.
MORRISON'S STAR, SHIRTS,
' AT REDUCED PRICES I .
KID GLOVES, CORSETS, HOOP SKIRTS, &c.
ALL OUR GOODS AT LOW PRIORS.
fele
fIARIt, McCAIIIDLESS & CO.,
. (Late Wilson, Cass & Co.; )
• WHOLESALE DEALERS IN -
Foreign and Domestic .Dry Goods,
No. DCWOOD,STREET,
Ttilyd . daor above Diamond alley,
PITTSBURGH, PA
GARDEN . AND FLOWER SEEDS.
STOCK PURE AND 'FUSEL
Dealers, Gardeners 'and Private Families
Will and their requirements fully met. .
Our large stbek, complete assortment. and the ac
knowledged reliability of our stuff, leads us to con- \
ndently guarantee satisfaetion to our customers.
Constantly on hand and for sale at the lowest mar
ket prices.'
. . ,
GARDEN, AND
. FLOWNII /AXED&
. . . . .
' YIELD AND.LAWN SEEDS. •
POTATOES.
GooDnion Hißisow WHITE
.4Plosll'n and CUZCO.
•
lrzawEitiNsi prdisirs - AND 1111114BD: •
• inmcw4un.A.!.. AND HORTICULTURAL
....-rinmeILEJNIENTS Azisv.Tonzn. •
• ALL DOOKS yeltding_to thc.F.A.RX: GARDEN
.Or • ellitithi.lloUSE at publishers' printed prices.
~. ,
tini;;lttew. Desciiptive Seed Catalogue
Gives full descriptions of NEW,
,_IIA_RE - and hitißT
D LIMP/ L E varieties Of ! ITtt_t_KA'ABLE.B AND
and,lltir i partlCUOXll
for storing : planting and after Man Ilk—prices
in,rokaties'Or bYlrelickt, by mgt. or therwiSe sad
mu l gi ether f alsiablisutopnatlun,-tiev r , t o Al sp.
pugni-enclosing lO . eentts
s.
, ''111:1111034'
Nursea'9 Beadsman
:And- Florist,
.
187"UBENt ffit4'lVl4lsollll(ili,
•
sgert 1 14 94 11 FAMlT•tittid 41/4
,„, i td &T
•
. r
us `siiilitika, .4tijdei; Tillevar*
(s. s has , 10okiNtattlinresi
' j i kt`i' l + ll , : l3±7: -=l7 " li t . " 1411111
• ,
• T - F-r • . goraimmil ,
•
- n , 144.- MONO
.noi,moDP , A
1.
•1I;% lit et= - NOTION
WHOLESALE AND HgrAIL BUYEL
OF ; 5
Trimmings; Notions -
, ti Fancy ‘
•
. . .
1 . 4 Lave remised a *err' assortment of -j
Witil.te cocilsw
Which cannot be bent. consists of 0
STRIPED, DOTTED AND PfsATN SWISS:
_STEIPE_,D BARRED & 11111.11 N NAINSOOIii
.GOOD IRISH. LINEN. at..per yard. 1 .7
GOOD DAMASK TOWE LS.at 111,4 e.
- . - .f . , - ii.. .:.
Out Line of ROSIKRY - 1 pow COltlildi -
21)0, DOZEN or biots.rTsf .s,
• -- - • , -..-- - LI - -. 1. , -- .
' Just received, selling at EA,. ERN 1i1C}..2 .y
A .
'Fine' LOt 'of :. - arasolg
IN ALL STYLES ANL ,COLORS, '.
9. ,
SYSTEME ALEXANDRE KUIS. at II pei pair.l
1 .:1 $1.83
LIGHT COLORED KIDS; at Mk. a pair.
TRIMMED MUSLIN SKIRT it $1;OO.
GENUINE
SUMMER BAI.43IORALS.'at
In PAPER COLLARS, we lenv
.IWAVELITM, GL
and SO 'nark
ap24:46
NEW STORE S
ROSENBAUM, ST
PHILADELPHIA
76 Market Street, Pi
The undersigned respectfully
that they have received their en
goods, consisting of •
Mißinary and Straiff Go
Ribbons, Laces,
Artificial Flowe
Enal;roideries.
Hosiery a
Corse
To which they invite the atten
WHOLESALE AND •
•
One of our firm giving his end attention to t
purchasing of goods at the Eas , rn Markets, a
having had iong experience andthe facilities
procuring goods st the very loWelft prices, we
enabled to offer great inducements; •
Constantly receiving New Goths from the N
York and Philadelphia auctions. 1 , 1
._ A share of public patronage Ii ';i•espectfully si
cited.
R
ROSENBA.U3I I STEM. • T
No. 76 MARKET ST'
mh:A" :nN)
PERFECT FITITIN II !
ID E
K GLO S.
".13'1 F. K."!
`.`A. C. C."
We invite attention tb our.
DEPT I
HID GLOVE AIITMENI
Which is now complete with eve color and Om
In addition to our own special I portation of tilt
, . •
Celebrated A. C. C. (do 4
vin) HID
We have secured the exclusive 3of the
"Harris Seamle4 Bids,"
The best Glove and moat pertee 6tt.
nacqrapi,.&o t *omm,
19
AT EATON'S,
No. Filth
New Parasols,
Straw G
JUST ,OPENZ
MACRUM & CAR
19 Fifth.
Now offer the most elegant lin • br •
Ever opened in Pittsburgh to w oh they cape
invite the attention of their "e lomers.. The•
am are nearly all new and Sigiglinal,and • .
ONE-FIFTH I.4:1 THAN Itff.OULA.II pitzc
, MACRIUM.&.ALE,
19 Fll7ll STITET,
1!!!MNE!MII
BULLION AND 2usTOI FILINDES
BUGLE GUMS AED VEINDES,
At Tory low prices.
CRILOICER
p 4 iTENt
FRENCH CAAC 11.9.
YRENCH , CItAC RS
FRENCH CRAC RS
MEeffN
FRENCH
CRACKI;.
F..le, CRA CKERS.
! -
"?
' 1 ,
SUPERIOR. CRA CK_ ~ER •
. .
:itAturirtir.
, -
91 ithatir!4#reeti I , l tioirsii
• 1 i
TRY TfMll.- -"' ' ' '1 ; • ath
E ST MI LUI PP• I N ! M l,* •
SHEIFINIROve , a
stea*.coekei,aedßlitnit Futon
ail ti Anaillittni. F' , l
, - 4 i • , —2)
' 4 4./, l ei l'
And every variety or I
I " ll °, ol wtmr an
•
volnpilgto:pxr, •
k• • •,•-
loan.
-z`v•ll3.
)
ifc. and $l. .f . ,
a full variety. r.:
i 1
F.
I E & CO3
i 4
• e t. Street. ,!
k
ISTORE!
. •
T & CO7i
~ DEPORIU*,
burgh, pe,
intonn the put 4
tlrely new stock t
as,
. ite Good
,
el Gloves,
nd Skirts,
Uy i. Goods, &(1
him of purchasei
(NAIL.
552
=3:l
1
:tree.
i
,:,
Flowe
121
W:4 111 or
1 '
1