New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-12-17
NR- STATIONS REMOVAL.

~ trim
The following copies Of the Executive orders rs ,os
hxsoryE hAS'ioS NA,aSstoi 100 r. rs ~ i T5es5je5
y re ana hys l9s United sf' yoS are 9y ' sS
Al ssSs Parof 80 ,if . % 111 s S DS empowered
&C, secretary Of War I'D interim al gSoras books p"Per ana
fe S on { RoRs' T s,sl,oH no sss s10 Var
EKEcCryE MASnoN WAsHS9IoS ~ e aug y. d.('' =.
Of Wa G@ are hereby i9.o os ' sS Po1 . Discharge
sT o. W az a.. Seer Of War 6 been Instructed %
ass. Al the records books papers and other public properly
Gss T,..es 5 Grsai washington r. c. -, NJ
The following communication was received lro" 49,
war DErrTsryr w.aiyoros CIR Aos M ~ has, 1 by
-s' 5Saf mote 81 t Gat n.s zen e % " Press i by Con
Nrls Of The powers asl ani9ory eel 70 on - from
,u Of War and will 80 exercise an ana ,,rr.- m Cen
ss seerstsry o. War aa 's, an % Under public
ds! an eqqaPeed 70 dsy o 5 and consent o. SENATE
g,tb,t e Ssa 20 suspend once Secretary war or
rst s5s and cnseu. 70 c5mpe transfer person The
Seoors hooks pape pubic property b. my custody a. Se
vet i3sTnh as ias S,S sr ia. led me dat he has &C
s'aies has been spponieq co. ~ :, Inn. hs under mo-
Tee, =. :: b, .q Fs.,'je5 force
he suspension has not been revoked and the business
5f she War Department Is conducted 10y inc secretary aa
30 conclusion that the time had arrived whom it was
tia confidence and general accord which should exist
such relation had ceased. l supposed that Mr.
H.uct WAS contrary 70 my wishes for had repeatedly
"a hm 20 understand 10y every mode short of an
,irress request that he should resign having WaIe9
time for the voluntary action OF MI stanton, and
seeing manifestation on his part Of an intention TO re
August
Pebble consideration. Of high character eo9r'iH me to say
To this note received The following reply: ,oe-
WAK DErAETsENr, WAsHNeToS Aug > 1851
Of has been received stains thai public con
a. Sstsry accepted reply have the honor say
Be 70 continue ibis Department consirn me not to re-
S s oss Of S',It,'sy Of % Ss me Iys dec1stoa
OF compliance with the request for h resgnatlon u was
2 defiance, and something more Mr.: stanton docs not
ouent himself with assuming that public considerations
hearing upon his continuance IN ONCE form as Iuly
ANON 80 delicate question the fitness Of officer for
continuance In his office the officer IS as competent ana
FOR his conduct; but he goes further ana paeS mn I
mates what ne means by PgDS sse fa fs o Of co
tnoe in his superior lie says that these pubic con
iierst0ns have alone induced TO continue at The
ao.i of this department" and that they constrain me
o resign the office Of Secretary Of War before the
ia language is very significant Mr. Stanton holds
rOsitiOn unWngy. lie IS ready TO leave when II ~
10 leave, and as the danger winch he appfehenq1s
his removal then will not exist when Congress is /
4 e he is constrained 70 remain during the interim. /
q st. then is that danger which only be avered by
q presence Of Mr. stanton or Of Congress MT SIAN
character eOnstrain him to hold on 70 the Office nce1
can AZ any time he found 10 take his place and per
iOrn his duties. On the contrary he expresses desire
with these high public considerations.
DO says in effect that while Congress Is away lie must
other words he has confidence in the President lie
6 unwilling TO leave the War Department IN ms Aenas
Or IN The hands Of any one tue fFts1ehl may "Pot %
designate TO perform Its duties II ne resigns me fresl
nent may appoint Secretary Of War that Mt stanton
does not approve therefore nc VII nvt lts-Il nut
shen Congress Is in session the PIesdsaJ ctol sIlo
Consequently when Congress meets M stanton IS ready
ag resikgn
Whatever cogepey these considerations" may have
Lad upon afr stanton whatever right he may have had
81 entertain such Considerations, whatever lroprlety
there night be in the expression OF them 10 Diners one
@ssi Of 20, to parade them before his superior. !
Upon the receipt Of this extraordinary note oluy de
necessary aBgements to M the Office this were the
Rlriy end most important official relations Tor
cannot imagine degree OF eronteiy winch woelG en-
tor a imagine President so forgetfu Of the proper
respect and dignity which belong 70 his Office as TO SUD
mt 70 such intrusion. viii not do Mr. stanton the
tnsct a. que Of my constitutional advisers after that
note written There ives an interval OF "t 5 D
winch two CObinent meetings were held MI stanton
90 nj f nm Of August Mr. stanton was notified Of his
suspe,so and thar Cen Grant had been authorized TO
notification Of the same date Mr. Stanton expresses hn
stit - follows:
- , ), s.r.56 noe FROM, One As Seer,tsr, o. wsr or
~ ' 80 rertsietps n, abe sau1. with
scs compel me 20 transfer 70 person ,he rec
81 nss,eI >, N. General ornndrg the o. The rated
s-csii 1peaert have no alternative but s. submit "nde pro
II wi not escape attention that 10 his note Of August
Z Mr. S.aEOn stated that he had been constrained %
cInus La the Office, even before ne Nas euutsleu 20
resign. by considerations OF 81 high public character 10
his n0e % August H. and different sense OF pubnc
duty c0iupeis him 10 deny the President reht 70 ss
pend from Office without the consent Of the senate
99 s s' he he eB aPc GR 2 E oon q
tbcIsv IN ordering his suspension .-... -, !
Mr.. Stanton refers generally 20 the Constitution ana
I,xs al fa rated states and SAYS that Of pub
tine To suspend MIN from ONCE A 70 s sense
fhs ssSuc As to his sense duty undr the laws Of
he certainly cannot refer 10 The law
Sp ,,tsfes me war DEPARTMENT. for that expressly
on;ers upon the President the unlimited right 20 remove
II the depart The only other law bearing
non the Question IS he Tenure OF Office act passed 10y
Congres. over the Presidential veto, March 1857 TINS
jsthe law which under sense o. pubic duly, MI stan
tor volunteers 70 defend. 90,
officer coming within its provisions TO rcnau IN once
II f0dd> removals not designations hr stanton was
own noion or in compliance with request or an order
IL matter OF choice or taste There was nothing
compulsory the nature 81 legal obligation: Nor does
he put u, action upon that imperative ground ne says
undCr sense OF public duty HOi OF eetI Cd
choice Tue public duty which upon hlm allss rom ON
ahe respect which be the Constitution ana tho
PEELED y this OF public duty 20 vndicate violated
law and 10 stand as IL champion.
This the first occasion in which M stanton IN
the discharge OF panc Outg wac caLcd upol 20
fho provisions OF that law The Tenure % once law od
pass without notice. Like other acts It was sent 70
as TO my Cabinet their advice upon the
question, whether should approve or not ~ was
grave question Of constitutional law, IA Which would
az rely most upon the opinion OF the Attorney
General and o. Mr. Stanton who had once been Attorney
Every member Of my Cabinet advised me that the pro
posed law was unconstitutional. All spoke without
doubt reservations but Mr. stautons condemnation OF
fhe the most elaborate aud emphatic. He re-
1crred TO the constitutional pIovisiops the debates IN
Ssna0r-to the decisions OF h supreme Court aud 70
HE sage from he beginning Of Inc Government through
every successive admlsirauoi az concuirng 10 estaO
lsh the rht Of removal as vested by me Constitution IN