The south-western. [volume] (Shreveport, La.) 1852-1870, 1868-03-11
A Message from the President to the Senate

WEDNESDAY..... MARCH II, 1868.
A Message from the President to the Senate
The President the oath ult. sent the Senate the
following message, which read in secret session.
laid the table and ordered to be printed The Sen
ate removed from it the Injunction Of secresy:
ITO the Senate of the United States:
"Ihave received copy of the resolution adopted by
the Senate on the 2lst inst, as follows:
"'Whereas The Senate have read and considered
the communication of the President, stating that he had
removed Edwin NJ Stanton, Secretary of War, and has
designated the Adutant General of the army to act as
Secretary of War ad interim; therefore,
Res0Ited, By the Senate of the United States that
under the Constitution and laws OF the United States
the President has power to the Secretary of
War and designate any other officer to perform the du
ties of that office ad interim
"This resolution is confined to the power of the Pres
dent to the Secretary of War; and to designate
another officer to perform the duties of the office ad in
terim and by its preamble is made expressly apphca-
BILE to the removal of Mr. Stanton and the designation
to act ad interim of the Aduant General Of the army
"Without attempting to discuss the general power
of removal of all officers upon which no express
sion of opinion is contained in the resolution, shall
confne myself to the question as there limitedthe
power to remove the Secretary of War 1t is declared
in the resolution that nnder the Constitution and Laws
of the United States the President has power re-
move the Secretary of War and designate any other
officer to perform the duties OF that office ad interim
As to the question of power under the Constitution,
do not propose at present to enter upon s discussion
The uniform practice from the beginning of the Gov
ernment by every President who has exercised the of
fee and the decisions of the Supreme Court of the
United States have settled the question in favor of the
power of the President to all officers excepting
II class holding appointments of judicial character.
No practice any decision has excepted Secre
tary of War from this general power of the President
TO make removals froga Office It is only necessary,
then that should refer to the power of the executive
under the laws of the United States to from of
flee Secretary o. War. The resolution denies that
under these laws this power has any existence. In
other words, it arms that such authority is recog
missed or given by the statutes of the country.
:" What them the laws of the United States which
deny the President the power to that office?
know but two laws which bear upon this question. The
first in order of time is the act of August T. 1884, Gre
ating the Department of War; which, after providing
for Secretary as its principal officer proceeds as fol
lows:
in said department inferior officer appointed by the
said principal officer to be employed therein he shall
deem proper and to be called chief clerk in the De-
pal officer shall be removed from office by the Presi
dent of the United States, in any other Of
cancy SHALL during such vacancy, have the charge and
custody of all records books and papers appertaning
to the said department.
at is clear that this act passed bya Congress, many
of whose members participated in the formation Of ,he
Constitution so far from denying the power of the
President to remove the Secretary of War; recognises
it existing in the executive alone without the con-
cTrence of the Senate or OF any other department OF
the Government.
"Furthermore, this act does not purport to confer
the power by Legislative authority; nor in fact, was
there any other existing legislation through which IT'D
bestowed upon the executive. The recognition OF
the power by this act is, therefore, complete as re-
cognton under the Constitution ITSELF for there was
other or authority from which it could be
derived.
The other act which refers to this question is that
regulating the tenure of certain civil officers passed by
Congress the I'd day OF March, 1867 The first sec
ton of that act is in the following words: |
"'Tha every person holding any civil office to which
he has been appointed by and with the advice and con
sent 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
appointed duly qualified, except as herein otherwise
provded provided that the Secretary of State, Secre
tary of the Treasury Secretary of War, Secretary of
the Navy Secretary of the Interior the Postmaster
General and the Attorney General shall hold their of
fees respectively for and during the term of the Presi
dent by whom they may have been appointed and for
one month thereafter, sub ec to removal by and with
the advice and consent of the Senate
The fourth section of the same act restricts the
erm of office to the limit prescribed by the law Great
ng them That part of the first section which precedes
he provso declares that every person holding civil of
ice to which he has been may be appointed by and
With the advice and consent of the Senate shall hold
such office until successor shall have been in like
manner appointed. purpolts to take from the
tive, during the fixed time established for the tenure
If office the independent power of removal, and to
uIre for such removal the concurrent action of the
resident and the Senate.
1.-The provisions that follow proceed to fix the term @
If office of the several heads of departments whose
enure never had been defined BEFORE by prescribing
hat they shall hold their Office respectively for and
Turing the term of the President by whom they may
ef,t
ubec to removal by and with the advice and consent
f the Senate.
Thus, to these enumerated officers the proyiso
axes from the President the power of removal except
18th the advice and consent of the Senate. By its -
orms, however, before he can be deprived of the power
displace them, it must appear that he himself has
ppOinted them 1t is on in that they have q
enure of office, any independent right to hold dur
the term of the President, and month after the
CESSATION of his official functions.
The proVsO, therefore, gives tenure of office to
Of these officers who has been appointed by the
resident beyond one month after the accession of his
accessor In the case Of Mr.. Stanton the only ap-
War was that conferred upon him by my Immediate II
with the advice and consent OF the Senate
lie has never held from any appointment the head 81
the War Department. Whatever right he had to ,
old the office derived from that original appoint
tent and my own sutferance. U
"The law was not intended to protect such ineuE,
emf Of the War Department by taking from the Presi
ent the power to him. This, in my Judgment &c
perfectly clear. The law itself admits of no other
We find in all that portion Of the first
ction which precedes the prOvso that to civil Off
generally the President is deprived of the power
removal, and it is plain that if there had been no
roviso that power would just clearly have been ia III
en- from him as far as applies to the seven heads of
L But for reasons which were, no doubt satisfactory
Congress, these principal officers speedily pro-
ded for and, as to them the express and only re- D
lrement is that the President who has appointed them
move them from office The consequence is, that as "
my cabinet, embracing the officers designated in the
st section of the act, it takes from me the power
thout the concurrence of the Senate, to remove any
lie of them have appointed but does not protect
ch of them as did not appoint, give to them any
nure of office beyond my pleasure
g An examination CT this then shows that while
one part ofthe section provision is made for officers
neray, in another clause there is class of officers
,signated by their official titles who ale exempted
ON the general terms of the law, and in reference to
hom clear distinction is made the general power
removal limited in the first clause Of the section
is distinction is that to such of these enumerated
icers as hold under the appointment Of the President
power Of removal only be exercised by him with
e consent of the Senate while to those who have
It been appointed BY him there no like denial of his
wer to displace them.
I" 1t would be violation of the plain meaning of this
actment to place Mr.. Stanton upon the same footing
the heads of departments who have been appointed +.
myself As to him. this law gives him tenure of
ice. The members of my cabinet who have been ap DI
inted by are by this act entitled to hold office for
month after the term of office shall cease But Mr. TT
anton could not, against the wishes of my successor
Id moment thereafter If he were permitted by otl
to hold for the first two weeks would ira
ut successor have power TO remove him But the nu
OF my him would be no greater iss
IN my own, if my would have the power to
move Mr. Stanton after permitting him to remain a
Rod of two weeks because he appointed bv Tns
H. but by his predecessor. l. who have tolerated the
Stanton more than two years, certainly have the fro
ne right to remove him, and upon the same ground VIII
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