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Updated: May 12, 2025
No one knows better than this accused the history of, and the purpose to be secured by, that Act. It was ably and exhaustively discussed on both sides, in all aspects. In the debates of Congress it was subsequently reviewed and closely analyzed in a Veto Message of the respondent.
To the President. And this respondent, further answering, says, that it is provided in and by the second section of "An act to regulate the tenure of certain civil offices," that the President may suspend an officer from the performance of the duties of the office held by him, for certain causes therein designated, until the next meeting of the Senate, and until the case shall be acted on by the senate; that this respondent, as President of the United States, was advised, and he verily believed and still believes, that the executive power of removal from office confided to him by the Constitution as aforesaid includes the power of suspension from office at the pleasure of the President, and this respondent, by the order aforesaid, did suspend the said Stanton from office, not until the next meeting of the Senate, or until the Senate should have acted upon the case, but by force of the power and authority vested in him by the Constitution and laws of the United States, indefinitely and at the pleasure of the President, and the order, in form aforesaid, was made known to the Senate of the United States on the 12th day of December, A. D. 1867, as will be more fully hereinafter stated.
And the individual soul begins with the glimmer of grace and the spark of a respondent love, and the operation of the Lord improves this little fitful glimmer, and develops it, until it becomes a clear and strong illumination, by which we may read something of the heart of God towards us, and understand that in the spiritual world, as in the natural, the order of this providence is, "More light, more light."
Whereupon a respondent, previously pitched upon, replied, at a venture, from the opposite corner of the forecastle, "Blunt's;" and to Blunt it went; and so on, in like manner, till all were served. I put it to you, lawyers shade of Blackstone, I invoke you if a more impartial procedure could be imagined than this?
"I say, stranger, how are ye?" said the aforesaid gentleman, firing an honorary salute of tobacco-juice in the direction of the new arrival. "Well, I reckon," was the reply of the other, as he dodged, with some alarm, the threatening honor. "Any news?" said the respondent, taking out a strip of tobacco and a large hunting-knife from his pocket. "Not that I know of," said the man.
It was evident that Sir Lucius, although he dissembled his affliction, was seriously affected by the consequence of his rash passion; and his amiable victim, whose magnanimous mind was incapable of harbouring an inimical feeling, and ever respondent to a soft and generous sentiment, felt actually more aggrieved for his unhappy friend than for himself. Of Arundel Dacre the Duke had not seen much.
See the case of John Walpole Willis, Appellant, versus Sir George Gipps, Knt., Respondent, 5 Moore's Reports of Privy Council Cases, 379. From an obiter dictum of one of the judges in the case it would appear that the order of amotion from the bench of this Province was finally set aside on technical grounds, owing to the appellant's not having been heard in Canada.
No, Sir, it is not the world's revision which I would call on you to regard; but that of your own consciences, when years have gone by and you shall look back on the sentence you are about to render. If you send away the respondent, condemned and sentenced, from your bar, you are yet to meet him in the world on which you cast him out.
But whether the said written authority amounts to an appointment or to a temporary authority or designation, this respondent denies that in any sense he did thereby intend to violate the Constitution of the United States, or that he thereby intended to give the said order the character or effect of an appointment in the constitutional or legal sense of that term.
First Appellant, and Morrison Ritchie Davis, Second Appellant, and Ian Harding Gemmell, Third Appellant, and Peter Thomas Mahon, First Respondent, and the Attorney-General, Fourth Respondent, and New Zealand Airline Pilots Association, Fifth Respondent, and the Attorney-General, Sixth Respondent. Coram Woodhouse P. Cooke J. Richardson J. McMullin J. Somers J. Hearing 5th-12th October 1981.
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