The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-25
AnsWer OF the PreaIdent 10 rha Rennta-

L
dent to-day sent to the Senate the fol.
lowing message which was read in
secret session, laid on the table and or
dered to be printed. The Senate remov-
ed from 1t the Injunction of secresy:
To The Senate of the United States:
have received copy of the resoIu-
ton adopted by the Senate on the 2lst
inst. as follows:
WHEREAS, The Senate have received
and considered the communication OF
the President stating that he had le-
moved Edwin NJ. Stanton, Secretary OF
War, and has designated the Adiutant
General of the Army to act as Secretary
OF War Gd interim, therefore,
RESOLVED, By the Senate of The United
STATES. Tint under the Constitution
and laws of the United States, the
President has no power to remove the
Secretary of War and designate any
other officer to perform the duties Of
that Office dd interim.
This resolution Is confined TO the
power of the President to remove the
Secretary OF War and to designate an
other officer to perform the duties of
that officer dd interim, and by its pre-
amble is>made expressly appllca BILE to
the removal of Mr.. Stanton and the
designation to act dd interim of the
Adjutant General of the army without
eral power OF removals as to all officers,
upon which subject no expression of
opinion Is contained in the resolution.
shall cOnhne myself TO the question
as thus limited. The power to remove
the Secretary of War, 1t is declared in
q resolution that under the Coustitu-
ton and laws of the United States the
President has no power to remove the
Secretary OF War and designate any
other officer dd interim. As to the
question of power under the Constitu-
ton, do not propose at present to
enter upon Its 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, have settled the
question in favor of the power OF the
President to remove ali officers, ex-
cepting class holding appointments
OF Judicial character. No practice or
any decision has ever excepted Secre-
tary of War from this general power of
the Prestdentto make removals from
office. 1t Is only necessary then that 1
should refer to the power of the execu-
tive under the laws of the United States
to remove from Office a Secretary OF
War. The resolution denies that under
these laws this power has any exist
ence. In other words 1t aftirms that no
such authority Is recognized or given
by the statutes of the country. What
then are the laws of the United States
which deny the President power to re-.
move that officer? know but three laws
which bear upon this question, hrst in
order OF time Is the act of August 7th,
1883, creating the Department of War,
which, after providing for the Score.
tary as its principal officer, proceeds as
follows:
Section 2. And be it further enac,sd,
That there shall be in said Department
an inferior officer, appointed by said
principal officer to be employed therein
as he shall deem proper, and to be call
ed Chief Clerk In the Department 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 all records,
books, and papers appertaining to said
Department.
1t Is clear that this act, passed by a
Congress many of whose members
participated in the formation of the
Constitution, so far from denying the
power OF the President to remove the
Secretary OF War, recognizes it as ex-
listing in the Executive alone, without
the concurrence of the Senate or any
other Department of the Government,
Furthermore this act does not
purpOrt to confer power by legis-
lative authority, nor in fact was
there any other existing legislation
through which 1t was bestowed upon
the Executive. The recognition of pow
er by this act is therefore complete as a
recognition under the Constitution
itself, as there was no other source or
authority from which IL could be de-
rived. The other act which refers to
this question, and that regulating the
tenure of certain civil officers, passed
by Congress on the I'd day of March,
1867, the first section of that act is in
the following words:
"That every person holding any civil
office to which he has been appointed
by and with the advice and consent of
the Senate, and any person who shall
hereafter be appointed to any such
office, and shall become duly qualified
to act therein, is and shall be entitled to
hold office until a successor shall have
been In like manner appointed and
duly qualified, except as herein other
wise provided; that the Secretary of
State, Secretary of the Treasury, Secre-
tary of the Navy, Secretary of the In
terror, and the Post Master General and
Attorney General, shall hold their Off !.
ces respectively for and during the
term OF the President by whom they
month thereafter are subject to removal
by and with the advice Of and consent
of the Senate" The 4th section of
the same act restricts the test
oath of Office to the limit pre-.
scribed by the Law creating them. That
part of the 1st section which precedes
the proviso declares that every person
holding civil office to which he has
or may be appointed by advice and
consent of the Senate, shall hold such
office until a successor shall have been
In like manner appointed. It purports
to take from the Executive, during the
hxed time esta blished for tenure OF of.
dee, independent power OF removal,
and to require for such removal he
the Senate. The proviso that follows
proceeds to az the term of office
of tee several heads OF Depart
mems whose tenure never had
had been defined before by prescribing
that they shall hold their office respect.
lively for and during the term or the
President by whom they may have
thereafter, subject to removal by and
with the advice and consent OF the SEN
ate. Thus, as to these enumerated Off =.
GERS, the proviso takes from the Presi-
dent the power of removal, except with
the advice and consent of the Senate.
by It's teFmsS however, before he can
be deprived of the power to displace
them 1t must appear that he himself
has appointed them. 1t is only in that
case they have any tenure OF Office or
any independent right to hold during
the term OF the President and one
month after the cessation of his official
functions. The proviso therefore
gives no tenure of Office to any
one OF these officers who have
hPRn
beyond one month after the aces.
ainn nj hia alInnaaanE In Gkn Il