The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1868-03-06
E'resSsttnl's Message.
The HonOval Of Sneak Stanton.

1
| WASHINGTON. February "a The Presi
dent oday sent to The Senate The foIowin,
message, which was:rand in secret session
laid on the table. and ordered printed. Tn,
Senate removed from it the injlnc,ion o
3, cresy:
To the Senate Of the United States:
have received copy of tie resolutions
adopted by the Senate on the 2ls: inst, ss
follows:
"Wherens, The Senate have received and
considered the communication Of the Presi-
dent, stating that he had removed Edwin
M. Stanton, Secretary Of War, and hus de
signnted the Acju.snt General OF the army
10 act as Secretary Of War ad interim; there.
fore,
Resolved by the Senate OF the United
States, That under the Constitution and
laws N the United S:stes The President has
no power to remove The S S.cretary Of War
and designate any other UfIice. TO perform
the duties Of :bat Office ad interi,D.h
This resolution, is confined 10 The power
10! the President TO remove Tie Secretary OF
War and 10 designate another officer 10 per
form the duties Of he o.ii ce ad interim, and
by it's preamble ia made expressly applicable e
TO the removal OF Mr.. Stanton, aud the de-
.sigRa,ion 10 act I'D interim Of the a djulant
General Of the army. Without therefore
attempting to dIscusseIne general power Of
removal es TO all officers upon which sui jecf
no expression Of opinion 10 contained in The
resolution, shall confine myself TO the
question es thus limited TO the power to re.
move the Secretary Of War.
II is declared in The resolution that under
the Constitution Lnd laws OF the United
States the President has no power TO re-
move the Secretary Of War nnd desi.nsie
any other of.cer 10 perform the duties OF
that office I'd interim. AS 70 tho question OF.
power under The Constitution. | DO not pro.
pose a. present 10 enter upon its discussion
The Uniform practice from the beginning o!
the Government. MS established by everv
President who hes exercised the Office, On.
der The decisions Of the Supreme Cour, oil
the United States, have settled The question
in favor VI The power of he President 10 rp.
move all officers excepting clsss huldincl
appointments Of u jidicnl characrr. y
practice or any decision has ever excepted
a Secretary Of Wur from this general power
OF the PTesidcn, 10 mske removals. II i'll
only necessary then thnt ehould refer 10
the power Of the Executive under The laws OF
me United States 10 remove from Office
Secretary Of War.
The resolution denies That under these
Jaws this power has say existence. In 9th |
er wor ~ it aiiirms ,hat no such authority il !
recognized or gwen BY the statutes Of the
What then ere the laws Of the |
United States which deny The President the
power 10 remove that officer! know bu,
two iaws which bear upon this question. -
The fret ia order Of time is the act OF Au
gus, 7th. 1899. creating the department Of
of wsr; which, after providing for a secse.
larry as the prncipal officer, proceeds us fol.
lows: section 2. And be il further ensc ted
hat there shall be in the said department
m interior officer, 10 be appointed by the
said principal officer, to be employed therein
70 he shall deem proper, and to be called
,hief clerk in the department OF war, and i
whenever the sald principal officer shall
,e removed from office by the President Of
he United States. or in any other case OF
,acsncy, during such vacancy, have the Z
charge and custody Of all records, books ,
ind papers appertaining 10 the said depart.
nent. II 10 clear that this act, passed by Ii
| Congress, many Of whose members par. L
icipated ia the formation Of the Cunsti,u. 8
ion, so far from denying the power Of the II
President TO remove the Secretary Of War, d
ecognized it os exciting in the Executive h
lene. without the concurrence Of the Sen. 70
te CT Of any other department Of the Gov. d
rnment. Furthermore, this sct does not pur. u
ort 70 confer the power by legisl lstivs au.
hori,v, nor In fact, was there any other ex. Il
sting legislation through which it was de. v
olved upon the Executive. The iccogni. o
ion Of the power by this act is therefore 81
.~.x1~.-s;,;.. 49,. 49, ~.