Middletown transcript., 1868-02-29
MESSAGE oF THE -PRIsIpENF,
HIS Reasons for the Removal OF Mr. stan.
ton~~Abie Argument and Defense.

HIS Reasons for the Removal OF MIR. stan.
fon--Abie Argument and Defense.
WASHINGTON Fsbruoyy 24.--The President To
aay sent 70 the Senate the following message =
1t was read In secret session. laid on the fabl
and ordered to be printed. The Senate remove,
the injunction Of secrecy ~.
TO Ms NSe',aie Of he United States 81, have re
eeived q copy Of the resolution adopted by I'll,
Senate on the 2lst instant, as follows:
Whereas the Senate have received and CON,
sidered the cpmmunication of the President sta
ung that ne had removed Edwin NJ S,anfon
secretary Of War, and had designated the Adm
tant General of the Army to act as Secretary d
War ad ERIN /; therefore
hescfped ey ne Sczate ef The United States, Tha
gnoer the constitution and laws Of the United
states the President has no power to remove tb,
Secretary Of War and designate any other office,
TO perform the duties of that Office ad iaferim.U
inns resolution is confined 70 the power OF The
PRESIDENT to remove the Secretary of War and tf
designate another officer TO perform the duties q
the ONCE nd ',.te'ins and by its preamble is mad,
expressly applicable tosthe removal of Mr.. Stan,
lon, and the designation to act ad i,terim of ths
AoJutant General of the army. Without there
fore, attempting to discuss the general power d
removal as to all officers, upon which subject nc
expression OF opinion is contained in the resolu.
uon, snail confne myself to the question MS Tins
War u
tits declared in the resolution ssthat under the
gpohsutuuon and laws Of the United States The
fresluent has no power to remove the Secretar '
OF ar and designate any other officer to perform
tne dunes OF the office id mtcifm'i AS 10 the
quesuon OF power under the constitution I do moi
propose az present to enter upon its discussion
Inc UNIFORM practice from the beginning of the
government as established by every President who
mas exercised the office, and the decisions of the
ff.Et tl.aT IL.
INC , quesuon In favor Of the power Of the Presi-
dent 70 remove all officers excepting class hold
ing appointments of a judicial character No
piacuce, or any decision, has excepted the Secre-
nSy Oh war from this general power of the Presi-
gent TO make removals from office. II is only
necessary E then, that should refer to the power
9, ule executive under the laws of the United
Inc resolution denies that under these laws tb;s
somer mas any existence. In other words, it af-
hrms that no such authority is recognized or
given oy the statutes of the country. What. then
are tne laws OF the United States which DENY the
! Iesiuent the power to remove, that officer? /
i.o" hno" put two laws which bear upon this cues
non. The first in order of time is the act of An
gust 7th, 1889, creating the Department Of War
winch, after providing for Secretary as its prin.
cipaI ohcer, proceeds as follows II
Seci = .4nd l6e IL further enacted, That there
snali pe IN ihe said department an inferior officer
70 oe appointed by the said principal officer. t6
pe y employed thnrein as he shall deem proper. 70
ye chiled tne chief clerk in the Department of
war, and who, whenever the said pricipal officer
sha'i be removed from Office by the President of
.ne united States, or in any other case of vacancy
snali, during such vacancy, have the charge aid
custody OF all records, books and papers appcr-
'ainlng to the said Department.
it ls clear that this act passed by Congress
ma,;on 2 o.waose M members participated in the for
iaon ~. Vi tne constitution, 80 far from denying
tary OF War, recognizes tas existing in the Ex
scuuse alone, without the concurrence of the
oenate or OF any other department of the govern
ment. Furthermore, this act does mot purnopt IN
sonler the power by legislative authority, nor in
ac! was there any other existing legislation throf
"nIeh ~, IL was oroughtupo the Executive 5i'i
nac recognitlon, OF the power by this act is
uere.ore complete as arecogpition under the con-
'ltuuon itself, for, there was no other source or
'athorlty from which it could be derived 1'be
oiher actwhleh refers to this question ia that re
latng the tenure of certain civil officers passed
~ py congress on the second day of March, 1867, |
| ne nrst seeuon OF that act is in the following
x9ras; S.s; sihat every person holding any civil
,l'ce 10 Whicn ne has been appointed by and with
ne advice and consent of the Senate, and every
person who shall hereafter be appointed tn anv
uch Office, and shall become Qualified 10 oct |
nerein, is md shall be entihedto hold such office
iniii successor shall have been In like manner
lRpointod and duly qualified, except as herein
,therwlse @ provided: Rrovidca that the Secret,-
~ ~ .. ou'e, OF tne Treasury, Of War, of theNavy.
he Attorney General, shall held their Offices
espechvely, for and during the term of the Pres,
uent by whom they may have been appointed |
no ior one month thereafter, subject TO removal |
y ana with the advice and consent of the Senate
lne sou9sn section OF the same act restricts the |
erm OF ofi1ces to the limit prescribed by the law
.s: ,ssahg mem. That part Of the first section
Vhich precedes the pro0is0 declares that eyerv
erson holding civil office to which he has bcenn
T may. be appointed, by and with the advice
no consent OF the Senate, shall hold such office
ntil a successor shall have been in like manner
ppointed. II purports to take from the Execn-
we, uuring tne liked time established for the
Saure OF the oihce, the independent power of re-
1oyal, and to require for such removal the eon-
urrent action Of the President and the Senate -
ne proviso that follows proceeds to the term of
fice OF seven heads of departments whose ten,,ra
ever had been defined before by prescrib;ns
nat they shall hold their offices, respectively
Or and during the term of the President by whom
hey may nave been appointed, and for one month
hereafter, subject to removal by and with the
dvice and consent of the Senate" : -
lhus, as to these enumerated officers the pro-
$50 takes from the President the power of re-
noyal except with the advice and consent of the
enafe. BY its terms, before he can be derived
the power to displace them, it must appear tbat
e himself has appointed them. II is only in thai
ase that they have any tenure of Office or any IN
ependent right to hold during the term Of the
resident and for one month after the Cessation
4 his official functions. s''''''on
The proviso, therefore, gives no tenure of office
any OF these officers who has been appointed
y former President beyond one month after
he accession of his SUCCESSOR
In the case OF Mr.. Stanton, The only appoitmen,
nder which he held the office of Secretary Of
ar was that conferred upon him by INV inme-
late predecessor, with the advice and consent of
he Senate. He has never held from me anv an.
ointment as the head of the War Department
vhatever right he had to hold the Office was de-.
wed from that original appointment and nv
wn sufferance. ny
The law was not intended to protect sucb an
icumbent of the War Department by takina
-om the President the power to remove him
his, in my. Judgment, is perfectly clear and tbe
Nv itself admits of no other just construction -
We find in all that portion of the first section
Thich precedes the proviso that as 10 civil officers
eenerally, the President is deprived of the power
removal; and it is plain that il there had been
proviso, that power would just as clearly have
cen taken from him On f,r "a ,,,,,I;.. - |