l remain in abeyance until an appointment
is duly made and confirmed, and provision is made for the discharge
of the duties of the office in the meantime. The second session
provides for the suspension of an officer during the recess, and
for a temporary appointment _during the recess_. This power was
exercised and fully exhausted by the suspension of Mr. Stanton
until restored by the Senate, in compliance with the law. No
authority whatever is conferred by this act for any temporary
appointment during the session of the Senate, but, on the contrary,
such an appointment is plainly inconsistent with the act, and could
not be inferred or implied for it. The sixth section further
provides:

"That every removal, appointment, or employment, made, had, or
exercised, contrary to the provisions of this act, and the making,
signing, sending, countersigning, or issuing of any commission or
letter of authority for, or in respect to, any such appointment or
employment, shall be deemed, and are hereby declared to be, high
misdemeanors, and, upon trial and conviction thereof, every person
guilty thereof shall be punished by a fine not exceeding $10,000,
or by imprisonment not exceeding five years, or both said punishments,
in the discretion of the court."

This language is plain, explicit, and was inserted not only to
prohibit all temporary appointments except during the recess, and
in the mode provided for in the second section, but the unusual
course was taken of affixing a penalty to a law defining the official
duty of the President. The original bill did not contain penal
clauses; but it was objected in the Senate that the President had
already disregarded mandatory provisions of law, and would this;
and therefore, after debate, these penal sections were added to
secure obedience to the law, and to give to it the highest sanction.

I quote my view of the action of the President:

"Was not this act willfully violated by the President during the
session of the Senate?

"It appears, from the letter of the President to General Grant,
from his conversation with General Sherman, and from his answer,
that he had formed a fixed resolve to get rid of Mr. Stanton, and
fill the vacancy without the advice of the Senate. He might have
secured a new Secretary of War by sending a proper nomination to
the Senate. This he neglected and refused to do. He cannot allege
that the Senate refused to relieve him from an obnoxious minister