Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-05
STANTON AND HIS TENURE OF
nEEICF.

Of Representatives OF the United States of
America in Congress assembled, That
every person holding any ciPil Office to
which he has been appointed by and with
the advice and consent Of the Senate, and
every person who shall hereafter be APP
pointed 10 aEy such Office, and shall be-
come duly qnalified TO act therein, is, and
shall be entitled 10 hold such Office .untii a
successor shall have been in like manner
appointed and duly qualified, except as
herein otherwise provided: Provided, |
That the Secretaries of State, of the Treas
Dry, Of War, OF the Navy, and Of the In
terror, the Postmaster General, and the |
Attorney General, 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 90 removal BY and with the advice |
aud consent OF the Senate.
Note the language. The Cabinet Of |
fieers, by special provision. are excepted
from the operation of the sections Of the
law following this, and are declared to be
entitled 10 hold their offices for and dn-
ring the term Of the President by whom
they may have been appointed and for
one month thereafter, hut are subject to
removal, the Senate consenting. The
object of this pr6yiso was to maintain the
Cabinet in the same relation it held TO
the President and Senate prior to the
enactment Of the law, except that the re-
moyal was to be coneurred in by the Sens
ate. This last feature was departure
from the uniform construction Of the
constitution, and the practice Of the gov
eminent from its origin. In note to the
18th number Of the Federaist, it is stated
that the view that the consent of the
Senate would be necessary to displace as
well as to appoint, has been rejected by
the Legislature; and it is now settled in
practice, that the power of displaeing
belongs exclusively to the President
Granting, however, the power of the
present Congress to construe the Sens
ate's authority broadly, the law in ques>
ton does not apply to Mr. Stanton. The
following is his commission:
ABRAHAM LINCOLN, PRESIDENT OF THE
| UNITED STATFs-I0 all iohO nog see these
presents greeting: Know you, that reposing
special trust and confidence in the patriot
ism, integrity and ability of Edwin M.
Stanton, have named, by and with the
advice and consent of the Senate, and APP
point him to be Secretary of War of the
United States, and do authorize and EN-
power him to execute and fnlill the duties
of that Office according TO law, and to have
and to hold the said ofic,., and all the
powers, privileges and emoluments to the
same of right appertaining unto him, the
said Edwin M. Stanton, and during the
pleasure Of Ne President Of The United States
for the time being.
In testimony whereof, / have executed
these letters to be made pstent, and the
seal Of the United States to be hereunto
affixed. Given under my hand at the City
of Washington, the 18th day of January,
10 the year Of our Lord 1862, and of the
independence of the United States of
America, the Seth.
ABRAHAM LINCOLN.
By the President:
Wa. H. SEWARD, Secretary of State.
1
This document clearly shows that Mr..
Lincoln deemed that he had the power to
remove Stanton at will, for his commits
sion, on its face, is only valid during the
pleasure of the President for the time
being.
But further Under the section of the
law above quoted, his commission was
exhausted on the 4th of April, 1865, one
month after the term during which he
was appointed, had expired, and eleven
days before Mr. Johnsohs accession to
the Presidency and his continuance in
the office ever since has been without
commission, and merely on suferanee Of
President Johnson de bears no COM
mission now to act as Secretary of War
The law which he claims as giving him a
tenure to the Office, expressly provides
that his tenure lapsed nearly three years
ago; and with equal clesrness and posi-.
tiveness does the law give the President
power to remove him as acting Secretary
Of War, and commission another party
10 its duties To be sure, under the law,
if he had a commission, the Senate might
refuse its consent to his removal, but in
removing him, neither under the tenure
of Office law, nor by the tenor of
his original commission, has the Presi-
dent exceeded his powers
If this point needed reinforcement, it
is at hand in the debate in the Senate on
the adoption Of the law claimed to be
violated in the displacement of Mr..
Stanton The author of the law, Mr..
Williams, Of Oregon, being called on for
an explanation of the first section as re-
ported from the Committee Of Confidence,
said
This amendment provides that when the
term Of Office Of the President expires the
officers of the members of the Cabinet
shall slsO expire, with provision that
they may continue in Office for one month,
so as 10 enable the incoming President to
arrange his new Cabinet.
Asa matter of COURSE the effect OF this
provision will amount 10 very little one
way or the other; for l presume that
whenever the President sees proper 10 rid
himself Of an offensive OF dlsagreeable
Cabinet Minister he will only have TO sig
nifty that desire and the Minister will re-
tire and new appointment be made but
it was considered BY the Committee Of Con-
ference that this report was in accordance
with the spirit of the bill, and the only
one upon which we could agree.
TO this, MFR. Howard of Michigan, who
is perhaps the most oficious Senator in
arranging the preliminaries of impeach-
meat, responded thus
have no doubt that the practical inter
probation Of the bill win be such as the
honorable Senator from Oregon has sug-
es,ted, and shall vote for this amendment
. with great deal of pleasure, and hope
the Senate will concur in it.
subsequently, in the progress Of the
debate, Senator Sherman of Ohio, who
I Z Il L : i ! -