The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1868-03-06


appointment of the President, the power OF
removal can only be exercised by him. with
the consent OF the Senate, while us 10 lhose
VINO have no, beeR appointed .by hun with
the consent Of The Seuaie. while a. 10 ,hoss
who have not been appointed by him there
is no IiAe denial Of his power to displsce
them.
II would he a violaiionof the plain near.
'ng D: This enactment TO place Mr., Stanton
upon This footing. as those heads of De-
partmeH's who have been appointed BY my
self. As TO him. this low cives him no ten.
u'e OF tiice. The members Of my cabinet
who have been appointed by me, are hy
this act entitled to hold for one month after
me term OF my flee shall cease. bu. Mr.
stanton could not, against the w!shes of nv
srcce ssor, hold a moment thereafter Fhs
were permitted BY the successor to hold for
the first two weeks. would ihst successor
havo no power to remove him! But the
power of my successor over him would be
no grea'er than my own. II my successor
would have the power to remove Mr.. Star
ton after permitting him to remain o prriods
OF two weeks, because he was not sp pointed
by him, but by his predecessor. /. wbo,o;.
eraied Mr.. stanton more Than two vsr.
certainty have the Same right TO remove him
upon the same ground, viz: Thst he was not
appointed bp M, bu. BY my psecscpssor.
Under The construction of The tenure Of
oiice bc', have never doubted my power
to remove him, whether the uct wac can-,i.
tuiionai or not. Il always has been nv.
opinion il did not secure him from removal.
| was aware, however. that there were
doubts % TO the construction %! the law,
and IRON the mnment theso dou ns Should
be seiilsd. and first deemed Undesirable at 4
the earliest possible true construction .cf
the act fixed BY a decision Of the Supreme H
Court oil the United S:ates.
NJ, order of Suspension in Adgnst last
was intended 10 pl6ce the ease 10 such oc,-
sition both necessary and proper. Nv un.
derstanding and ishcs however. under that
order of suspension were frustrated. and the
s:e order for Mr.. S'sn,ons removal w,s
'urthcr e'ep toward The acton olishme,l Of
hat purpose. tF
repeat that my own conviction as 10 the
true construction Of the law, as 10 the con.
were we'll settled, and were
sustained bv every member Of my Cab,et,
including Mr. Stanton himself. Upon the
question OF constitUionali'y each one in
turn advised me that the tenure of Office act
vac unconstitutional. Upon lhe question
whether as 10 those members who weresp-
pointed by my predecessur, that act took
rom me- the power 10 remove Them. one of
hese members ssid emphatically, in pres.
snce OF the Others sitting in The Cabinet.
hat they did no, come within the provisions
II the net; snd il was no projection 10 them
No one disseb'ed from this cons,ruction.-
understood them oil TO acq qaesce 10 i,s cor
'ectness. ~t
in tna'ter Of such grave consequence
vas not disposed 10 rest upon my own opin
ons, though fortified by my coss,uusioosI
lduisers. have, therefore, sought 70 bring
he question at as early day ss possible be.
ore the Supreme Court Of the United S,a,es.
or a final and authoritative decision.
Ia respect TO 20 much OF the resnlu,ion
70 relates TO the delegation of nm officer "a
ot as Secretary Of War ad interim, I haye
MY 10 say have exercised this power un-
es the PROVISIONS OF the lst section Of Feb.
3. 1875, which so Tar Ms they are sppic,-
lie TO vacancy caused BY removals. I IN
erstand 70 be still in force.
The legislation upon The subject Of ad in.
erin appointments in the executive dsps,,.
lent stands as 10 the war Office az follows.
The section Of the act Of The 7;h OF Aupu.,
7s9, made no provision for a vacancy in
~ very case OF Q removal Of the head Of
,e War Department, and upon such a "a.
ancy gives ,Ae charge and custody OF the
scords, books and papers to the chief clerk.
by the act Of the sth Of May. 1892, sec.
on g, il is provided tina, in Gaze Of vacancy
ccasioned by death, absence from The s.,t
I government or sickness Of the heAd Of
,e War Department, the President NAV
nthorize person 10 perform the duties Of