Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Even the Presidential apologists do not question that the members
of the Cabinet commissioned by Andrew Johnson are protected by the
statute. How grossly unreasonable to suppose that Congress intended to
make such a distinction among his Cabinet as to protect those whose
support of his usurpation had gained the seats they enjoyed, while
it exposed to his caprice a great citizen whose faithful services
during the war had won the gratitude of his country, whose continuance
in office was regarded as an assurance of public safety, and whose
attempted removal has been felt as a national calamity! Clearly, then,
it was the intention of the statute to protect the whole Cabinet,
whether originally appointed by Andrew Johnson, or originally appointed
by his predecessor and continued by him.
I have no hesitation in saying that no other conclusion is possible
without violence to the statute. I cannot forget, that, while we are
permitted “to open the law upon doubts,” we are solemnly warned “not
to open doubts upon the law.”[201] It is Lord Bacon who gives us this
rule, whose obvious meaning is, that, where doubts do not exist, they
should not be invented. It is only by this forbidden course that any
question can be raised. If we look at the statute in its simplicity,
its twofold object is apparent,--first, to prohibit removals, and,
secondly, to limit certain terms of service. The prohibition to remove
plainly applies to all; the limitation of service applies only to
members of the Cabinet. I agree with the excellent Senator from Iowa
[Mr. HARLAN], that this analysis removes all ambiguity. The pretension
that any one of the Cabinet was left to the unchecked power of the
President is irreconcilable with the concluding words of the proviso,
which declare that they shall be “subject to removal by and with the
advice and consent of the Senate,”--thus expressly excluding the
prerogative of the President.
Let us push this inquiry still further, by looking more particularly at
the statute reduced to a skeleton, so that we may see its bones.
1. _Every person holding any civil office_, by and with the advice
and consent of the Senate, is entitled to hold such office until a
successor is appointed.
2. If members of the Cabinet, _then during the term of the President by
whom they have been appointed_, and one month thereafter, unless sooner
removed by consent of the Senate.
Mr. Stanton obviously falls within the general class, “every person
holding any civil office”; and he is entitled to the full benefit of
the provision for their benefit.
As obviously he falls within the sub-class, members of the Cabinet.
Here his rights are equally clear. It is in the discussions under this
head that the ingenuity of lawyers has found amplest play, mainly
turning upon what is meant by “term” in the statute. I glance for a
moment at some of these theories.
Public-domain text, read in full here on John Shaqi.
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