The New York herald., 1868-02-25

ssructiou OF tho Tenure Of once act ! have
doubted my power 70 remove mr stanton.
my opinion that IL did not secure him from removal !
was aware however thai there were doubts AZ TO the
eonsructon OF the law and from the lrst deemed it
desrabe that at the earliest possible moment these
doubts should led aud the construction OF the
hxed by tho decision "f the Supreme Court or the
United States Ny order Of suspension in August iast
was intended 20 place the case In such q position
both necessary and proper. My understanding and
wisnes however, under that order of suspension
frustrated and ias order for Mr. STATIONS removal
further step towards tho Accomplishment, OF that
purpose. repeat that my own convictions to The
true construction oi the lAw and the constitution
member OF my Caoinet, including Mr.. Stantcn himself
Upon tho question OF constitutioraiiry each in
act was unconstitutional Upon the question whether
ss 10 those members VINO appointed by my prede
csssor that act took from me the power TO remove
them, ono OF those members emphaticay ated IN the
presence OF the Others sitting 10 Cabinet that they did
not come within the provisions OF The act,
and Il was no protection to them. No one dis
sentsd from this construction, and l understood
them all TO acqusscs In Its correctness. In
matter OF such grave was not disposed to
upon my own opluon though fortified oy my con-
sututional advisers hAve therefore sought TO bring
the question at as early day as possible before the
Supreme Court of the United States for final and
thortaiive discussion. In respect to much OF the
resolution as relates TO the designation OF any ON to
act AZ Secretary of War ad te'm, have only TO say
that have exercised ths within the provisions
OF the first section oi the act OF February 49, 1895 WHICH,
Tar they applicable vacancy causei Dv ro-
movais understand 10 be s In force The legislation
upon the object OF I'D in appointments in the Exc
cutive denarments ands as 20 tho War olce as ol-
lows-The section of the OF August Z, 1888, made
provision for vacan 10 the very case oI removal OF
the hea of the War Department, and upon sucn va
the and custody OF the records pooks
and papers 10 the cnci cierk.
Next. by the ac Of the Sth OF Nay, 1892 ion
eight IL j. pro that III OF vacancy oceasioned
by deai frJT the seal OF government, Q. ck-
moss &c. OF the head 4 tho War Department, th Pres-
don't 6u,hoiize person TO perform the duties OF
the Office unit successor Is appointed or the disability
removed The ACT will be observed, does not provide
FOR the OF va ancy caused by removal. Tueu by
the first OF or February Is, 1926. it Is
provided that in case Of any vacancy the President
may appoint person to perform the du-
ties wnlle the vacancy exists These
followed BY that oi the goth Of February. 1868, by
the rst section of wncn provislon is again made
vacancy ed by death resgna on absence from the
scot oil govern sickness Of the hes OF any
executive Department. and Gp1n tho OF such
vacancy power Il gwen to the President to authorize
the head q any o'her ex cutive department ohor
oeer in etAer OF said Departments, whose app,in
10 vested ii the Pssdent ut his discretion, TO peri
the duties ui the said respective Offices until
he appointed, unti such absence or inability by
shall p,ovied that no ono vacancy shall bs
supplied IN the mdnner aforesaid Tor longer term than
month
This law with mod hcations the act OF
1892 and proyces did that act for tho rt OF vacan.
cies to be filled like the act OF 1892 it makes no
provision for vacancy occasioned by removal II
reference altogether 10 vscanc es arising from oher
causes According to my construction OF tue act OF
1868, while mplied!y repeas the act o l7s2 reguat
Ing the vacancies tuerr1 described, It has no bearing
vacancy caused by removal. Tne OF 1895 therefore,
furnishes the RUE for vacancy occaoned bY remasal
ono o. tn vaca1ctes expressly referred TO IN
tho act OF the In Of Aaeusr. 1882 Depart
ment OF Npr Cer,ainy there is express repeal br
tho act OF 1858 OF tho act of lT95. The repeal f tIes
Is any, Is ~ lnplica ION, and can only be admitted 81
far as th re IS GEAR incan isiency between
acts Tho at uf 1895 incon .isten wi tina 1853
~ TO q vacancy clsiuned by death, resignation,
absence or scsuess: but not at all inconsistent
vacancy cms by removal IL IS assured.y pr per tlat
the President the same power 10 lll eu-
supply place ma vacant by death or expiration Of
4 term. IL, ir iLstauce, the incumbent Of
Once should b. ound wholly unfit TO the func
tiops, and tn- pubic should require his imno
date expulsion, rrm dy should exist and be at once
supplied, anu 10 allowed the President to
and appoint sIcces as permitted him case OF
vacancy calsed b. iean or tho termination % an off,
eiai term TIE necessity, therefore for od intsrim
appointment Just great and indeed may be greater
In cases Of reno, Al tn.n In ans other. Before II bs
10 cases VI removal i aoro1sted by Succeeding es sIa
l1l express repeal ought 10 appear 20 Wholesome
power saoud certainly % taken away BY loose mpA
csoa II may oe, noSeve that in this, az Ia other cases
o. Implied repeal do ots may ARISE. lt "a contessediy
0. he su5e and deba a0ie questions when
tie Construction oi siautss III, dpon sooh question.
! have fallen no construc !on | submit
v1ether sso-d % cha-A,tsfizei violation Of o
cal duly ana o. ia1. navs deemed proper in yind-
SAiion O. toe couse OF wnicn have cons.d red my
duty 10 take, 10 pace before the Sen,e the ons
upcn ~hica hava based my action. Although nave
been ADVISED by every member OF Cabinet thar tue
sn,iro Tenure Of oiice is unconstitutional, aud
therefore yold. aud although 1 have expressly
cohourred 10 that opinion In the veto
message which | had tho honor to suo-
init 10 congress wuen i returned the bill
for recopsid ra have refraned from making o
movs OF any officer contrary the provisions of tho
las aud have on exercised that " Ia the csse Of
Mr. STATION, which, In my judgment did not como
~ IA . provisions, have sndeavJ'st 10 proceed
~sa - g-saess crcuuspecton aud have acted oniy
o. s1t, n t11 ceplions case, carefully following
i1s cc4E-s shea 1 have marked out for M self
gsneraL ru-e. sA.la uhy 10 execute all laws. though
pas~et 4 object nns the score Of constitutions
Atty. In the prrteut instance 1 have appps Ell,
or sougai 10 appeal TO that hual sroiLor
nxed by tue constitution for the dslerMinttiUn
of all such questions II this course I have been
impeed ~ The soenn obligations which rest upon
y s-siain In lg.a powers Of the hlga oGe
s-ltssl T. ~ o4ld[ Wnstsger be tue con IGsnces,
mercy Dersyosi y myself. could not ALLOW them 10
prrfAt n-slnsi - pubic duty clear 10
u. 0ru -I1S1 All imperative. Ii what % sibe
sEc beer csrfsil. nad besn fully advised when
rsfrvFSG ~. SiautJn that In thus defending the trust
cgln nii4e1 ~ M nsBds ny removal was sure TO
tc-.0s, co1!i npt hosilated, sctuaed by pubic
ect tsceTsiions = the nlgnest character. earnestly
.re.es: ssaingt the reso ution OF the Senate which
charges what have done with syioiation u tue
Constitution AMI iaws oil the United States.
ANDREW JOHNSON
WASHINGTON, D. c., Feb % 1893.