The New York herald., 1868-02-25
MESSAGE OF THE President TO THE
SENATE.
Tho Power Of the President 80 Remove .
Secretary of War.


WASHINGTON. Feb. "a, 1893.
The President to-day sent the Senate the following
message, which read in secret session laid on ths
table and ordered TO be printed. The Senate removed
from 10 the injunction OF secrecy -
To rss sEsArs THE usnED STATES
have received copy of the resolution adopted By
the senate on the 2ist inst, as toiiows:-
Whereas the Senate have received and considered the
communicatl Of the President, stating tust he had
removed Edwin H. stanton, Secretary Of War and hal
designated The AdJs'ant Genera OF .he Army to act I"
Resolved. by the senate OF the uniIed States That.
under ihs constitution and laws OF tue United States.
The President has no power 10 remove tho secretary OF
War and designate any otaer otncor 10 perform the
duties OF that ONCE ad interim
This resolution s confined 70 the power OF the Pres
dent 70 the Secretary OF War and to designate
another Officer perform the duties OF The once ad
i,asr and by tspreambls Is made expires y applicable
to The removal OF Mr. stanton and tho designation TO
act al interi,a OF the Adjuiant General OF the
Army. Without therefore. attempting TO discuss
ths general power OF removal as TO oil omcers.
upon which subject no expression OF opinion
is aimed in tho resolution. snail connne myself 70
the question as thus miIed-tho power 10 remove the
Secretary OF war Il is declared In the resolution
that under the constitution and laws OF the United
States the President las power to remove the sscrs
sry OF War designate another office. TO perform tie
duties Of that Office ad interim" As TO the question OF
upon discussion. Tho un,f, practice from
the beginning OF the government established by
every President who has exercised Office, and the
decisions OF the Supreme Court Of tho United States
have settled tho question In favor Of the
power OF the President oil officers excepting
class holding appointments Of judicial character.
No practice any decision has ever excepted Sscrs
tary OF War from this general power Of the Preaden TO
mako removals from cce. Il 10 only necessary, then,
Z rof sha l~war md
the laws Of the United States TO remove from Office
Secretary OF War;
Tho resolution denies tha. under these laws this
has any existence In other words. It afrms that
such authority s recognized given by ibe G;sues OF
tho country. What, then, are the laws Of The United
States which deny tho President tho power TO remove
that Nicer ] know bnI two laws which upon
this question The 6rst in the order OF time is tho act
Of August / 1850, creating tho Department OF War.
which, after providing for Secretary ns prime pa,
officer proceeds as follows-
SEC Q And DO II further enacted That shall bs
the said department Inferior Ollie DO appointed
by the said principal 0iNcer 10 DO em loyro tern a.
he shall deem proper and 10 DO called the Chef Clerk
in the Department War aud who, whenever the said
principal officer shall be nov3d from Office by the
President OF the United states, or In any oher case OF
vacancy shall. during such vacancy. have the charss
aud custody OF all records books and papers appertau
ing 10 the sad department
II s clear that this act pass BIZ Congress many or
whose members participated in tho formation Of the
constitution 20 far from denying tho power OF the
Pres.d the Secretary of War; recognizes Il
as existing the Executive alone, without Tho concur
Tho Senate OF any otner department Of tho
government Furthermore this does purport TO
infer power by legislative au hority, nor In fact
there any other existing legislation through which
II was bestowed upon the Execuu O. The recoanilion
Of tho power by this oct Il, therefore, complete as
recognition rnder the constitution self; for there was
no other Of authority from which IL could BE-
derived Tho other which refers TO this question 10
tha, regulating the tenure OF ain civil officers.
passed by Congress Tho % day OF March, 1857 Tho
lrs. section OF that act is In the following words:
Tha, every person holding any civil office which he
beoa appointed by and with advice and
o. % ANN sn @
hedto therein, is and Shall be entitled % ONCE
until shall have been IN like manner a5
pointed and duly qualified except as herein otherwise
provided:
Of War; the Navy and Inter Postmaster
General and the Attorney General shall hold their ices
respectively for and during the term Of ine r dent By
for one month thereafter, subj,c, 10 r,mova by
and with the advlae and consent OF tue senate.
The fourth secHon OF the act restricts tho torn
OF Office to tho limit prescribed by tho law creating
them That part Of the first section whch prscedes the
proviso declares that every person no ng cv oGcs
to which be has been may bo appointed by and with
the advice and consent OF the Sena shall hold such
onice until successor shall been In like manner
appointed. Il purporss to take from the Executive
during the fixed time es,ab slsd for the tenure Of Office
the Independent power OF removal and require for
such removal the action OF the Prssinent and
the Senate.
The provlso that follows proceeds TO nx the term OF
ocs the several heads Of depar ments whose tenure
had bsen defined before by prescrb that they
sha hold their Offices respectively tor and during tho
Hx~~n
appointed and for month thereafter. subject 10
removal BY aud with the advice aud consent OF The
| senats.n Thus As 10 these snumeraed officers the
proviso takes from the President the po~er Of removal
except with the advice and OF the Senate BY
It's terms however. before he can DO deprived Of the
power 70 dspacs them II must appear that he himself
| has appointed them II 10 only in tnas case ths,
| they have any tenure OF office any ince.
| pendent right TO hold during the term Of tho
President and for month after the cessation Of his
Official functions The proviso, therefore, gives no
Of ONCE 10 any one Of these officers, who has
been appointed BY the President. beyond month
after Of his 10 the Of Mr.
only appointment under which he held the
Office OF Secretary OF War that conferred upon him
by my predecessor with the advice and consent Of the
Senate He has never held from me any appointment
a. the head Of the War Department; whatever right be
had to hold the Office derived from that original
appointment and my own sunrancs The law was not
intended protect such incumbent, OF the War De
partment BY taking from the President tho power
remove him. This In my judgment. Is perfectly
clear and the law itself admits OF no othss
just construction We nnd ali that portion Of the
6rst section which prscedes the proviso that 70
OWL officers generally the President is deprived OF The
power Of removal; and 10 plata that II there had
been no proviso that power would JUST clearly have
been taken from him far - applies 10 the
heads OF departments; but for reasons which
doubt satisfactory 70 Congress thsss principal officers
we're specially provided for and them ,ne express
and only requirement s tbAs the President who has
appointed them shall NOT without the advice and consent
Of The Senate them from once The consequences
10 that a TO my Cabinet embracing the Officers
Designated the nrst section the actakes from me The