The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1868-03-27

,ords, books, papers, and other pub
ic property now in your charge.
ITO the Hon. e. NJ. Stanton, Sec
retary of War"
To which said Stanton made the
reply:
"WAR DEPARTMENT.
Washington, August II, 1867.
"SIR-Your note of this date has
been received. informing me that, by
virtue of powers vested in you rs
President bv the Constitution and
laws of the United States, am sus
pended from the office of Secretary
of War, and will cease to exercise
any and all functions pertaining to
the same, and also directing me al
once to transfer to Gen. U. S. Grant.
who has this day been authorized and
empowered to act as Secretary ol
War ad interim, all the records
books, papers, and other public prop
erty, now in my custody and charge
"Under a sense of public duty, ]
am compelled to deny your right, un.
der the Constitution and the laws OF
tho United States, without the advice
and consent of the Senate, and with
out legal cause, to suspend me from
office as Secretary of War, or from
the exercise of any or all functions
pertaining to the same; or without
such advice and consent, to compel
me to transfer to any person the rec
ords, books, papers, and public prop
erty in my custody as Secretary.
"But inasmuch as the General
Commanding the Armies of the
United States, has been appointed
ad interim, and has notified me he
has accepted the appointment, have
no alternative but to submit under
protest to the superior force of the
President"
And this respondent further an
swering says, it is provided in, and
by the sectlon OF an act to regulate
the tenure of certain civil offices, thai
the President may suspend an officer
from performance of the duties of the
office held by him for certain causes
designated, until the next meeting OF
the Senate, and until the cause shall
be acted upon by the Senate; tina,
this respondent, as President of the
United States, was advised, and he
verify believed, and still believes, that
the executive power of removal from
office confidcd to him by the Consti-
tuition aforesaid, includes the power
of suspension from office at the
pleasure of the President. This re-
spondent, by the order aforesaid, did
suspend said Stanton from Office, no,
until next meeting of the Senate, OF
until the Senate could have acted up
on 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 pleas
ure of the President, and the order
aforesaid was made known to the
Senate of the United States on the
18th day of December, A. D., 1867,
AS will be most fully hereinafter
stated; and this respondent 'arther
claims by the act of February Is,
1855, it was among other things en-
acted and provided that in case of q
vacancy of the Office of Secretary OF
the Department of War, it shall be
lawful for the President, in case he
shall think it necessary, TO authorize
any person to perform the duties oil
that office until a successor shall be
appointed, but not exceeding the term
of six months, and this respondent
being advised, and believing such
law was in full force, and not repeal
ed by any order, dated August II
1867, did authorize and empower u
S. Grant, General of the armies OF
the United States to act as such Sec,
retary for the Department OF War,
ad interim, in the form IN which sim
liar authority had hitherto been Civ
en-, not until the next meeting of the
Senate should act on the case, but at
the pleasure of the President, subject
only to limitation of six months in
the last mentioned act, and n copy OF
the last named order was made known
to the Senate of the United States on
the 18th day of December, 1867, as
will he hereinafter more fully stated /;
and in pursuance of the designated
aforesaid, if it should be-
come necessary to submit the qnes
ton to Judicial determination, this
respond, mt at or near the date of the
last mentioned order, did make
known such his purpose to obtain a
judicial decision of said questions.
or such of them as might he necessa-
ry: and this respondent, further an
swer;ng, says that in the further pur-
suance of his intention and design if
possible to perform what he believed
to be his duty to prevent said L. NJ.
from longer holding the Office
of Secretary for the Department of
War, and at the same time avoiding,
if possible, any question respecting
The extent Of the power of removal
from the Executive Office, coniided to
the President 10y the Constitution OF
The United States, and any question
the Constitution and effect
Of the first section of the said act,
the terms of certain civil
officers, while he should by any act
IF his abandon and relinquishlng
either a power he believed the Con
,tiLution had conferred on the Presi
lent of the United States to enable
lin to perform his duty, power
lesignedly left to him by the first
section of the act of Congress last
lforesaid, this respondent did, on the
18th day of December, 1867, trans
nit to the Senate of the United States,
message, a copy of which is here
With annexed, and marked "B'
wherever he made known the orders
foresaid, and the reasons which had
induced the same "a far as the re |
pondent then considered it material
nd necessary that the same should
,e set forth and reiterated his views
oncerning the Constitutional power
f removal vested in the President,
nd also expressed his views concern
ng the construction of the said first
ection of the last mentioned act, as
the power of the President
D remove the said Stanton from said
flee OF Secretary for the Depart
rent Of War, well hoping that this
espondent could thus perform what
e then believed, and still believed,