Opening Argument of Mr Butler of Massachusetts One of the Managers On the Imp

Cover Opening Argument of Mr Butler of Massachusetts One of the Managers On the Imp
Opening Argument of Mr Butler of Massachusetts One of the Managers On the Imp
Benjamin F Benjamin Franklin Butler
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So that his appointment was an illegal and void act.
There have been two cases of ad interim appointments which illustrate and confirm this position ; the one was the appointment of Lieutenant General Scott tary of War ad, interim, and the other the appointment of General Grant ad interim upon the suspension of Mr. Stanton, in August last.
The appointment of General Scott was legal because that was done before the restraining act of March 2, 1S63, which requires the detail of the head of anothe
...r department to act ad interim.
The appointment of General Grant to take the place of Mr. Stanton during his suspension would have been illegal under the acts I have cited, he being an officer of the army and not the head of a department, if it had not been authorized by the 2d section of the " tenure-of-civil-office act, " which pro- vides that in case of suspension, and no other, the President may designate me Buitable person to perform temporarily the duties of such office until the • meeting of the Senate.


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