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This respondent was also aware that this act was understood and intended to be an expression of the opinion of the Congress by which that act was passed, that the power to remove executive officers for cause might, by law, be taken from the President and vested in him and the Senate jointly; and although this respondent had arrived at and still retained the opinion above expressed, and verily believed, as he still believes, that the said first section of the last mentioned act was and is wholly inoperative and void by reason of its conflict with the Constitution of the United States, yet, inasmuch as the same had been enacted by the constitutional majority in each of the two houses of that Congress, this respondent considered it to be proper to examine and decide whether the particular case of the said Stanton, on which it was this respondent's duty to act, was within or without the terms of that first section of the act; or, if within it, whether the President had not the power, according to the terms of the act, to remove the said Stanton from the office of Secretary for the Department of War, and having, in his capacity of President of the United States, so examined and considered, did form the opinion that the case of the said Stanton and his tenure of office were not affected by the first section of the last-named act.
He denies that the said order was issued with an intent to violate the Constitution of the United States or any law thereof, or this respondent's oath of office; and he respectfully, but earnestly. insists that not only was it issued by him in the performance of what he believed to be an imperative official duty, but in the performance of what this honorable court will consider was.in point of fact. an imperative official duty.
This is given by inserting the first and middle finger of the right hand between the thumb and fourth finger of the respondent's left, and describing a rotatory motion in the air with the little finger. N. B. Much practice is necessary to enable members to exchange this signal in such a manner as not to attract attention. 2nd. The Signal of Danger.
"The appellant in this case," said Mr. Tomkins, very slowly, "seeks to set aside a conviction for trespass, on the ground, as I understand, of his not having committed one. The principal points of the case are admitted, as also the fact of Mr. Jorrocks's toe, or a part of his toe, having intruded upon the respondent's estate.
"I come now to the respondent's relation with the second co-respondent, Aristide Dumeny of the French Embassy in Constantinople." Dion leaned slightly forward and looked at Dumeny. Dumeny was sitting bolt upright, and now, as the Judge mentioned his name, he folded his arms, raised his long dark eyes, and gazed steadily at the bench. Did he know that he was the danger in the case?
This gratuitous assertion of a mere matter of belief in the respondent's guilt, which was no legal evidence in the case, at once aroused, as might have been expected, the ire of Gaut's lawyer, who, with, fierce denunciations of the conduct of the witness, subjected him to a severe cross-examination.
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