Opinion of Hon J W Patterson of New Hampshire in the Case of the Impeachmen
Opinion of Hon J W Patterson of New Hampshire in the Case of the Impeachmen
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To quickly assess the difficulty of the text, read a short excerpt:
If not there, to what limbo have the gods assigned him ?
The conception of a Secretary of War without an otHce is worthy of a law- yer without a brief. The argument is a pure creation, and a miserable fallacy at that. The ]anguaj2;-e of the section is in relation to persons, not offices. It savs, " every person holding any civil office shall be entitled to hold, " &c. ; " the Secretaries, &;c. , shall hold their offices, " &c. The construction of the section is simple and unmistakable. There ar...e certain officers referred to in the fourth section whose terms are limited by law, and the proviso adds the heads of departments to this number, but the terms of the law allow no officer to be removed who has been appointed by and with the advice and consent of the Senate, except by the appointment of a successor in the same way.
The language of the proviso itself is, that the Secretaries are " subject to removal by and with tbe advice and consent of the Senate. " If, therefore, Mr. Stanton is not in the proviso, lie is in the body of the section, and the law was violated by his removal.
What to read after Opinion of Hon J W Patterson of New Hampshire in the Case of the Impeachmen?
You can find similar books in the "Read Also" column, or choose other free books by James W James Willis Patterson to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
If not there, to what limbo have the gods assigned him ?
The conception of a Secretary of War without an otHce is worthy of a law- yer without a brief. The argument is a pure creation, and a miserable fallacy at that. The ]anguaj2;-e of the section is in relation to persons, not offices. It savs, " every person holding any civil office shall be entitled to hold, " &c. ; " the Secretaries, &;c. , shall hold their offices, " &c. The construction of the section is simple and unmistakable. There ar...e certain officers referred to in the fourth section whose terms are limited by law, and the proviso adds the heads of departments to this number, but the terms of the law allow no officer to be removed who has been appointed by and with the advice and consent of the Senate, except by the appointment of a successor in the same way.
The language of the proviso itself is, that the Secretaries are " subject to removal by and with tbe advice and consent of the Senate. " If, therefore, Mr. Stanton is not in the proviso, lie is in the body of the section, and the law was violated by his removal.
What to read after Opinion of Hon J W Patterson of New Hampshire in the Case of the Impeachmen?
You can find similar books in the "Read Also" column, or choose other free books by James W James Willis Patterson to read onlineMoreLess
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