New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-02-25
MIR. JOHNSON'S PLEA.
MESSAGE IN REPLY TO THE SENATE RESO-
LUTON
WAsnMGToy, Monday, Feb r.


printed The Senate removed from 1t the n9unc-
ton of secrecy:
10 ne Senate Of me United S,otes'
have received copy Of the resolution aaopteu 10y
the Senate ON the 2ist inst, as follows:
Hos The Senate received sud CONSIDERED The eemman
Prssdsst Stating h.s he bad Ssooyd Eaq ~ saatSn
60 ,st a. secretary War % ,s',ytsa, tsssiore CT
,ss ssd w UBd States the President has pow, 70
s@ove secretary Of War and designate other one5 perform
de duties II hat dice cd hstatul
THIS resolution ia confined TO tho power Of the Pres
dent to remove the Secretary Of War and to designate
another officer to perform the duties Of the Office al i-
ssrr and by ts preamble Is made expressly applicable
TO the removal Of Mr. Stanton and the designation to act
I'd interim OF the Adutant Of the Army iWiout
therefore attempting discuss the general power OF re-
moya as to all officers upon which subject no expression
% opinion contained in the resolution, shall conne
myself 70 the question. thus limted-The power to
Secretary Of War II is declared in the reso
luton That under the Constitution and laws OF the
United the President has power 10 remove the
secretary Of War and designate anyother officer 10 per
form the duties OF that oface ud Interim As 10 the
question of power under the Constitution do not pro
pose at present 10 enter upon It's discussion
The uniform practice from the beginning OF the
Government as established by every President who has
exercised the office, and the decisions Of the supreme
Court OF the United States settled the question IN
syor OF the power Of the President to remove all officers
excepting class holding appointments Of Judicial
character. No practice any decision has ever excepted
Secretary Of War from this general power OF the Pres
don't to make removals from Office. 1t is only necessary,
then that should refer TO the power of the Executive,
aader the laws Of the United saes to remove from Office
Secretary of War. The resolution denies that under
these laws this power has any existence In other words
a6irms that such authority is recognized OF gwen ~
The statutes the country What thcn are the laws oi
The United States which deny the President TIC power 70
remove that Ofceri know but two laws which bear
upon this question The first IN the order Of time, Is the
act Of August = 1882 creating the Department of War;
which, after providing for Secretary its principal
officer. proceeds as follows;
Sac f T. "tsS ,s sst st S he 'a S N %
l. employed theren be shall dem TI and 70 BE e-e
rssp shall be removed from ohcs by the President oiine
ss s stsS sal cSy q n ccF books 'Eps
las 50 ste sad department
is clear that this act passed iby Congress OF
whose members participated in the formation OF the Con
1tuion so far from denying the power OF the President
20 remove Secretary OF War; recognizes II as existing
IN the Executive alone without the concurrence Of the
Senate any other department Of the Government
Furthermore this act does not pnrport 10 confer the
power NJ legislative authority, nor in fact was there
any other existing legislation through which it was be
slowed upon the Executive. The recognition OF the
power ny this act 49, therefore, complete as recognition
uader the Constitution itself for there was no other
o; authority from which Il could be derived Inc
other act which refers this question is that regulating
the second day March. The first section Of that
act is in the following words:
T holding eL os . shS be b.; been al, g
sho IA, heIss,sI Be sFonia e any sgs one a ,s o
have like appointed and du Goata
s3 'i That Re sssrsssss q state Of tho Treasury Wa
no rsSJ and Of the iPo he @ ia iI re A
Presen whom they have been sgOs,sd sad oI On.
snosth hereafter subject 70 REMOVAL By and VIII TIC Ae ~" ~
The fourth section Of the same restricts the term OF
ooe 70 the limit prescribed by the law creating them
THAT part Of section which precedes the pro
wise declares that every person holding civil Office to
which has been may be appointed by and with the
advice of the Senate, shall hold such Office
until successor shall have been in like manner ap-
pointed purpOrts 20 take from the Executive during
the fixed TINE established for the tenure OF ONCE the
independent power of removal and to require for such
removal the concurrent action Of the President and the
Senate
The provso that follows proceeds fix the term Of
Office of the heads of departments whose tenure
never had been defined before by prescribing that they
shall hold their Office respectively for and during the
term OF the President by whom they may have been
appointed and for one month thereafter, subject TO
romoya, by and with the advice and consent Of the
Senate"
Thus these enumerated officers, the proviso takes
irOm the President the power Of removal except with
me advice and consent Of the Senate. BY its terms
however before he can be deprived Of the power to dis
place them it must appear that he himself has appointed
them Il is only In that that they have any tenure
VI Office OF any independent night 10 hold during the
term OF the President and for month after the eesa
ton OF Official functions. The proyso therefore, gives
90 tenure Of Office to any Of these officers who hss
been appointed by the President beyond one Inenth
after the accession Of his successor IN the cate OF MI
stanton the only appointment under which he heid the
ce OF Secretary Of War that conferred upon him
Dy my immediate predecessor with the advice and con-
cent or the Senate. He has held from me any s
haoH of he
right ne had hold the Office was derived from that
original appointment and my own sufirance. The law
was not intended TO protect such incumbent Of the
war Department by taking from the President the power
20 remove him. This, in my Judgment is perfectly
sear. and the Law itself admits Of no other
jast construction We find in all that portion OF the first
seoon which precedes the pOysO that as TO evn officers
generally the President deprived OF the power Of re
movsl And it Is plain that there had been prcyso
that power would just as clearly have been taken from
him. 90 far as it applies to the heads Of depart
ments but for reasons which doubt satisfactory
Congress then, principal officers specially pro
vded for and them the express and only require
that the President who has appointed them sfan
not without the advice and the Senate
them from Office The consequence is that my Cab
net embracing the officers designated In the fret
section the act takes from the power without the
concurrence the Senate to remove any one u them
that have appointed but IL does not protect such Of
them did not appoint nor give to them any tenure Of
ofoe beyond my pleasure. An examination Of this act
then shows that while, part OF the section pro
vision is made for officers generally, another clause
there Is class Of officers designated by their official dtes
who are exempted from the general terms OF the law
and in reference whom clear distinction s made a. 10
the general power OF removal limited In the hrs clause OF
the This distinction is that as 20 such OF
these enumerated officers hold under the appointment
OF the President the power OF removal only be exer
hc Win fhQ he wi u