The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-03-03

"a n-onar Mr. understanding ana wishes,
S - .an(3ar that order OF suspension,
nv, Ss,,.t-.sc5. and tlhs late order ior Mr.
S.as.nr,. removal vas Q further step towards
,hs ACKNOWLEDGMENT Of that purpose.
+ reneet that my own convics'ons az 20
~ trne constrnction Of the law, ana % 70 ~
situtionality, were well settled, ana were
snstained hy every member OF my caoiner
including Mr.. Stanton himself. Upon ne
question of constitotionality every one m
turn deliberately advised me that the tenure
of.ofice act was unconstitutional. Upon the
oues,;on whether as to those members who
were appointed by my predecessor, that act
took from me the power TO remove them, one
Of those members emphatically stated, IN the
presence of the others, sitting in cabinet,
that they did not come within the provisions |
OF the act, and it was no protection TO them.
No one dissented from this cqpstruction, and |
| understood them all to acquiesce 1t its cor |
rectness.
In q matter of such grave consequence i
was not disposed to rest upon my own op'n.
ions, though fortified by my constitutional
advisers. have therefore sought 70 bring
this question, at as early day as possible,
before the supreme court of the Cnited
States for final and authoritative decision.
In respect to SO much of the resolution as
ralatas N the DESIGNATION of an officer to act
a secretary of war ad interim, / have only
~ sav that have exercised this power I'M
der the provisions of the FIRST section OF the
act of February Ii. 1875, which, so far as
they are applicable to vacancies caused by
removals, / understand TO be still in force.
The legislation upon the subject OF al IN
teri,a appointments in the executive depart
ments stands, as to the war Office. as follows
The second section of the act OF the 7th al
August, 1889, makes provision for q vacah.
| CIV in the very case of a removal OF the mead
Of the war department., and upon sucn va
| cancy gives the charge and custody OF tne
| records, books, and papers to the ehiet SierS S
Next. by the act Of the 9Th of May, l792,
| section eight, it is provided that ia case Of
! vacancy occasioned by death, absence from
the seat of government, or sickness OF the
head of the war department, the President
| may authorize person to perform the du-
| ties of the Office until successor Is appoint
ed, or the disability removed. The act 1t
| will be observed, does not provide tor the
| case of vacancy caused by removal.
Then by the first section of the act OF
| February Is, 1895, 1t is provided that in case
/ of any vacancy the President may appoint
| person to perform the duties while the va
cancy exists.
These acts are followed BY that ofthe goth
of February, 1863, by the FIRST section of
which provision is again made for vacan'
CIV caused by death, resignation, absence
from the seat of government, or sickness OF
the head of any executive department OF the
government; and upon the occurrence OF
such q vacancy, power is given to the Presi
dent .'to authorize the head of any other ex-
ecutive department, or other officer IN either
of said departments whose appointment is
vested in the President, at his discretion, to
: perform the duties of said respective Offices
until q successor is appointed, or until such
absence or inability by sickness shall cease
| Provided, That no one vacancy shall be sup
piled in manner aforesaid for q longer time
than six months"
:, This law, with some notifications, reen
! acts the act Of 1892, and provides, as die
] that act, for the sort of vacancies to be fill
! ed; bnt, like the act of 1892, it makes. nj
provision for vacancy occasioned BY re
g moval 1t has reference altogether to va
cancies arising from other causes. Accor
: ding to nv construction of the act of 1863
:. while it implicitly repeats the act OF 1892
D regulating the vacancies therein described
: it has no bearingwhatever upon so much o
t the act of 1875 as applies to vacancy csus
r ed by removal. The act Of 1T95, therefore
, furnishes the rule for vacancy occasionet
by removal-one of the vacancies express
: " referred to in the act of the It'll of August
f 1889, creating the war department.
s Certainly there is no express repeal, BY
= the act of 1853, of the 795. The re
$ peal if there is any, cation, AMI
can only be sdmi,,s , ,na is j.
6 RI - xbxx%
n 1868 as to a vacancy occasioned by deatt
e resignation, absence, or sickness, but not q
s all inconsistent as to vacancy caused b,
e removal II is assurediy proper that tn
T President should have the same power to Fl
4 temporarily vacancy occasioned by remoy
n al as be has to supply place made vacan
o by death or the expiration of a term. If 70
= instance, the incumbent of an Office shout
e be found to be wholly un6t 10 exercise i,
: functions and the public service should RI
s quire his immediate expulsion, remed
n should exist, and be ut once applied, an
h time be allowed the President to select an
IS appoint successor-as is permitted him
e case of u vacancy caused by death or the tel
II mination of an official term. The necessity
d therefore i, for an ad interim appointment
4, lust as great, and, indeed, may be create
e. in cases of removal than in any others. b
o fore II be held, therefore, that the power gil
i Ell by the act of 1895 in cases of remova
d is abrogated by succeeding legislation. q
e. express repeal ought 10 appear. So who'll
T. some power should certainly not be take
d away by loose implication
# 1t may be. however, that in this, as in OF
" er cases of impliei \peal, doubts may arts
s. 1t is confessedly the most subtle IN
% | debatable questio hich arise in the col
e struction of status upon such que
n ton, 4 have falle ap erroneous CO..
D siruction, / subj Their it should h
" characterized as q Jon of officiol dut
y and of law. 9aI sp4 F9i7a
Ihave deemed i per, in vindicatiou
rs duty the course which hsve considered it n
3, to take, to place befnrl he senate the reasoI
n upon which Ihave based my action. Althoue
d have been advised by every member of n
m cabinet that the entire tenure.of-offiee act
r unconstitutional, and therefore void, and Q
IS though / have expressly concurred in tn
IN opinion in the veto message which l had Il
c honor to submit to congress when l returnt
ID the bin for reconsideration, have refraine
OF from making removal of any officer contr
IN ry to the provisions of the law. and have o.
mt " exercised that mower in the case of III