Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-03-06
THE PRESIDENTS MESSAGE

THE PRESIDENTS MESSAGE
The President on Monday sent back to
| the Senate the messages previously sent on
Saturday, but which reached the Capitol
| after the adjournment of the Senate One
of them nominates Hon. Thomas Ewing,
| ST., of Ohio, to be Secretary OF War. The
other is a reply to the Senate resolution of
| Friday night. relative to the appointment
| OF General Thomas as Secretary of War ad
lnteTtD2 The latter Is a lengthy document,
| covering thlrty-seven pages of foOlscap.-
The crowded state Of our columns com
peIs US to present an abstract OF its con-
| tents.
The President briefly refers to the fact
that each of his predecessors had exercised
| the pIerOgatlve OF removal, and that the
| Supreme Court had decided that the au-
thorlty was lodged in the Executive by the
Constitution. He then says:
| 1t Is only necessary, then, that [ should
refer to the power of the Executive, under
the laws of the United States, to remove
from office Secretary of War. The reso-
luton denies that under these laws this
power has any existence in other words,
1t atfirms that no such authority is recog-
nlZed or given by the statutes of the coun-
| try
What, then. are the laws of the United
| States which deny the President the power
to remove that officer [ know but two
laws which bear upon this question. The
first IN the order of time is the act of
August 7, 1889, creating the DEPARTMENT
I of War, which, after providing for secre-
tary as its principal officer, proceeds as fol-
| lows:
there shall be in the said Department an inferior
officer, to be appointed by the said principal
officer, TO be employed therein az he shall deem
proper, and be called the chief clerk in the de-
partment of War, and who, whenever the said
principal officer shall be removed from office by
the President of the United States or in any other
case OF vacancy, shall, during such vacancy have
the charge and custody of al records books and
papers appertaining to the said Department.
1t is clear That this act, passed by Con-
gress many of whose members participated
III the formation of the Constitution, so far
from denying the power of the President to
remove the Secretary of War, recognizes Il
as existing in the Executive alone, without
the concurrence of the Senate or any other
Department of the Government. Further
more this act does not purport to confer
the power by Legislative authority, nor in
TACT was there any other existing Iegisla-
ton through which it was bestowed upon
the Executive. The recognition of the
power by this act is therefore complete as a
AOOO0i-AUAOi1 NHoCI VIC CONSTITUTION
Tor there was no other source or authority
from which 1t could be derived
lie then quotes the first section of the
civil tenure act of March 2, 1867, and in
reference to It's concluding proviso says:
The prOvlSO that follows proceeds to fix
the term of office Of the seven heads of de-
partments, whose tenure never had been
defined before, by prescribing that they
" shall hold their Offices respectively for
and during the term Of the President by
whom they may have been appointed, and
for one month thereafter, subject to re- |
mOvai by and with the advice and consent |
OF the Senate. Thus, as to these enume- |
rated officers tie prOUiSO takes from the |
President the power OF removal, except |
with the advice and consent of the Senate |
By its terms, however, before he can be
deprived Of the power to displace them, it |
must appear that he himself has appointed |
them. 1t is only in that case thst they
have any tenure OF office, or any indepen-
dent right to hold during the term OF the |
President and for one month after the ces-
satlon OF his official functions. The pro-
TIso, therefore, gives no tenure of office to
any one OF these officers who has been ap-
pointed by former President beyond one
month after the accession of his success
SOr.
He further states that the only appoint
meDt ever conferred upon Mr.. Stanton as
Secretary of War was that conferred by
Mr.. Lincoln ; and after noting the distinc-
zion between members Of the Cabinet and
other civil officers established by the pro-
viso above alluded to, sa -:
The consequence is, that as to my Cabi-
net, embracing the seven officers designa-
ted III the first section, the act takes from
me the power, without the concurrence Of
the Senate, to remove any of them that |
have appointed but it does not protect
such of them as [ did not appoint, nor give
to them any tenure OF office beyond my
pleasure. x
It would be a violation Of the plain mean
ing Of this enactment to place Mr.. Stanton
upon the same footing as those heads of
departments who have been appointed by {
myself. As to him, this law gives him no
tenure of office. The members of my Cab
met who have been appointed by me are
by this act entitled to hold for one month
after the term of my office shall cease; but
Mr.. Stanton could not, against the wishes
Of my successor, hold q moment thereaf
ter.
He asserts that under this construction
of the tenure f-office act he has never
doubted his power to remove MI Stanton,
but says that, owing to doubts which ex-
listed as to the construction of the law, he,
from the first, " deemed it desirable that
at the earliest possible moment those doubts
should be settled, and the true construc-
ton of the act fixed by decision of the
Supreme Court of the United States. My
order of suspension in August last was in
tended to place the case in such position
as would make resort to judicial decision
both necessary and proper. Ny under
standing and wishes, however, under that
order of suspension, were frustrated, and t..
the late order of Mr.. Stanton's removal
was further step towards the accomplish !
ment of that purpose.
In respect to SO much of the resolution
as relates to the designation of an officer {
to act as Secretary of War al Interim, l
have only to say that have exercised this {
power under the provisions of the first sec t
ton of the act of February Is, 1895, which,
so far as they are applicable to vacancies {
caused by removals, [ understand to be I
still in force.
The legislation upon the subject of al ,
interim appointments in the executive de-
partments stands, as to the War Office, as
follows: