Opinion of Hon. Charles Sumner, of Massachusetts, in the Case of the ...
Opinion of Hon. Charles Sumner, of Massachusetts, in the Case of the ...
Sumner, Charles, 1811-1874
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Of the transactions embraced by the articles, the removal of Mr. Stanton has unquestionably attracted the most attention, although I cannat doubt that the \ scandalous harangues are as justly worthy of condemnation. But the former I has been made the pivot of this impeachment ; so much so that the whole case / seems to revolve on this transaction. I'herefore I shall not err, if, following I the articles, I put this foremost in the present inquiry. ' This transaction may be brought to the touchs...tone of the Constitution, and / also of the tenure-of-office act. But since the allegation of a violation of this act has been so conspicuous, and this act may be regarded as a congressional interpretation of the power of removals under the Constitution, I begin witli the consideration of the questions arising under it. r 17 TENURB-OF-OFFICB ACT, The general object of the tenure-of-oflSce act was to protect civil officers from \ removal without the advice and consent of the Senate ; and it was made in j express terms applicable to ** every person holding any civil office to which he / has been appointed by and with the advice and consent of the Senate." To this provision, so broad in its character, was appended a proviso ^s follows : 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 daring Uie term of the President by whom they m vy have been appointed and for - one month thereafter, subject to removal by and with the advice and consent of the Senate.
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