Wyoming democrat. [volume] (Tunkhannock, Wyoming Co., Pa.) 1867-1940, 1868-03-04

and the tenure Of Office bill to remove Mr..
Stanton, but also TO appoint a Secretary of
War ad interim. The message was laid on
The table, and ordered to be printed.
He commences by referring to the resolu-
lions Of the Senate denying his power to re-
move the Secretary Of War, and says that
without attempting to discuss the genefal
power Of removal as 10 oil officers, upon
which subject no expression of opinion is con-
tanned in the resolution, he will confine him
self 10 the question thus limited namely -
the power to remove the Secretary of War.
The President says:
Gas to the question Of pc wer under the
Constitution, do not propose at present to
enter upon It's discussion, Uniform practice
from he beginning Of the government, as es-
tablshed by every President who has exer-
cised Office, and decisions of the Supreme
Court Of the United States, have settled the
question in favor of The power of the Presi-
dent to remove all officers excepting a class
holding appointments of a judicial character
No practice, or any decision, has ever except
ed Secretary of War from the power OF the
President to make removals from office. Ii
is only necessary then. that | should refer TO
the power Of the Executive under the laws
Of the United States to remove from office a
Secretary of War"
The President then goes on to notice the
laws bearing upon the question of the power
Of the President TO remove that officer, claim
ing that he has clear right to remove him
under theS STenure of Office act itself, and that
the law of 1889 gives him this right if the
Tenure of Office law does not. He maintains
that Mr. Stanton was not appointed by him,
and the Tenure of Office law was not intend i.
ed to protect such an incumbent Of the War
Department by taking from the President
the power TO remove him. The law takes
from him the power To remove without the
consent of the Senate, such members of the
Cabinet as were appointed by himself but il
does not protect such members as he did no,
appoint, nor give TO them any tenure of office
beyond the Presidents pleasure. Whether
the act was constitutional or not the PRESS
dent was always Of the opinion 1t did not Sc
cure Stanton from removal, but as there were
great doubts as TO the construction Of law, he
desired at the earliest possible moment.
these doubts should be settled by decision
Of the Supreme Court, and his urder of sus>
pension in August last was intended to place
the case in such position as would make
resort to judicial decision both necessary and
proper. HIS wishes, however under that or
der were frustrated and the late order for
Stau,un's removal was further step toward
the accomplishment of that purpose. The
President say:
Il repeat that my conviction as to the true
construction Of the law and as to lis cnnstl-
tutionaaIity, were well settled. and we're sus.
famed b, every member Of my Cabinet, in
Guiding Mr.. Stanton himself, upon the ques-
ton of The cpnstitu'tonahiy. Each one in
turn deliberately advised me that the tenure
nf ttfice act was unconstitutional. Upon the
gu. stiOn whether as 10 those members who
were appointed by my predecessor that act
took from me power to remove them, one OF
these member emphaiicaiiy stated, in The
presence Of the others sitting in cabinet, that
they did not come within the provision Of the
act, and It was n" PREDICTION To them. No
one diSsenied from this construction, and !
understood them all TO acquiesce in lis cor
RICHNESS. In q matter uf such grave cunse-
Qupnce | was no disposed to rest upon my
own opinions, though fortified by INV constr
ut onaI advisers. have therefore sought t"
bring tie question al as early day as posi-
BILE before the Supreme Court of the Unued
States fr final and authoritive decision In
respect TO as much of the resolution as relates
TO the designation uf An officer to act as a
Secretary of War ad Interim have only to
>ay that have exercised that power under
The provisions of the first section Of The act
of February, Is, l795, which 81 far as they
are applicable To vacancy caused by removals
understand to be still in force The lcgis>
lation upon the subject of dd interim ap-
poin tments, in the Executive Departments,
stands, as to the War Office, as follows -
The section OF the act of the 7th Of August.
1889, made provision for vacancy in the
very case Of removal Of the head of the War
Department, and upon such vacancy gives
The charge and custody Of the records, books,
and papers to the Chief Clerk. Next, by the
act of the 9th OF May, 1892. section Sth, it is
provided that in case OF vacancy occas,oned
by death, absence from the seat Of Governs
ment, or sickness of The head of the War De
partulent, The President may authorize per
son to perform the duties of the Office until a
successor is appointed oi, the disability is re-
moved. The act, it will be observed, does
not provide for the case Of a vacancy caused
by removal. Then, by the first section Of
the act of Feb. 18Th, 1895, 1t is provided that
in case OF any vacancy, the President may
appoint person to perform the duties while
the vacancy exists. These acts are followed
by that of the 20,h of February, 1868, by the
first section of which, provisions is again
made for a vacancy caused BY death, resicna-
tion-absence from the seat "f g0veriment,or
sickness of the head of any Executive depart
ment, and upon the occurrence of such va
cancy, power is given to the President to
authorize the head of any Executive Depart.
ment, or other officer in cither of said depart
ments, whose appointment is vested in the
President, at his discretion to perform the
duties of said respective offices until success
sor be appointed, or until such absence or in
ability by sickness shall cease, provided that
no one vacancy shall be supplied in manner
aforesaid for a longer term than six months.
This law, with some notifications re enacts
the act of 1892 and provides, as did that ct
for the sort o' vacancies to be filled, but like
the act of 1892 II makes no provision for
vacancy occasioned by removal. 1t has ref
erence altogether to vacancies arising from
other causes, according to my construction OF
the Act of 1863 while II implicitly repeats
the Act Of 1902 regulating vacancies therein
described il has ms bearing whatever up so
much uf the Acl of 1895 as applies to va
cancy caused by removal. The Act of 1875
therefore furnishes the rule for vacancy oc-
l.. . k., nIn