The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-25

plOyed therein as he shall deem
proper, and to be called Chief Clerk
In the Department Of War, and who,
whenever the said principal officer
shall be removed from office by the
President of the United States,
or in. any other case Of vacap-
cy,. shall, during such o vacancy,
have the charge and custody of
all records, books and papers ap
pertaining to said Department.
1t is clear that this act, passed by
Congress many of whose members par
ticipated in the formation of the Con
stitution, so far from denying the
power of the President to remove the
Secretary of War, recognize it as ex-
listing in the Executive alone, without
the concurrence of the Senate or any
other department of the Government.
FGrthernaore, this act does not pur-
port to confer power by legislative
authority, nor, in fact, was there any
other existing legislation through
which it was bestowed upon the Ex-
ecutive. The recognition of power
by this act is, therefor. complete
as a recognition, under the COnstitu-
tion itself. There was no other source
or authority from which it could be
derived he 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 section of that act is
in the following words: That every
person holding any civil ofice. to
which he has been appointed, by and
with the advice and consent Of the
Senate; and any person who shall
hereafter be appointed TO any such Of
fee, and shall become duly quail
flied to act therein is and
shall be entitled to hold Of
fee until a successor shall have
been in like manner appointed aud
duly qualified, except as herein other
wise provided !; and that the Secretary
of State, Of the Treasury, Of War,
of the Navy, of the Interior, the
Postmaster General and the Attorney
General shall hold their offices re-
spectively for and during the term of
the President, by whom they have
been appointed, and for one month
thereafter, subject to removal by, and
with the advice and consent OF the
Senate!' The fourth section of the
same act restricts the test of Office to
limit, prescribed by law creating them.
That part of the first section which
proceeds the proviso, declares that
every person holding a civil Office to !
which hel has been, or may be APP
pointed by the advice and consent Of
the Senate, shall hold such Office
until successor shall have been in
like manner appointed. ~
b 1t pdrpo-ts 10 take from the Execu-
tive during the fixed time established
for the Tenure of Office, the independ-
ent power of removal, and to require
for such removal the concurrent ac-
stion of the President and Senate 4
The proviso that follows proceeds to
fix the term of Office Of the several
heads of departments, whose tenure
never had been defined before. by
prescribing that they shall hold their
office respectively, and during the
term of the President, by whom they |
may have been appointed, and for one
month thereafter, subject to removal |
by and with the advice and consentof |
the Senate. Thus, as to these emu
merated officers, the prOviso takes /
from the President the power of re- |
mOval, except with the advice and |
consent of the Senate. By its terms,
however, before he can be deprived |
of power to displace them, it must ap- |
pear that he himself has appointed /
them. 1t is only in that case that tney |
have any te nuFe Of Office, or any inde- |
pendent right TO hold during the term I
of the President and one month after |
cessation of his official functions. t
The proviso, therefore, gives no Ten
ure of Office to any one of these Off /
GERS who has been appointed by the /
President, beyond one month after I
the accession of his successor. Ia
the ease of Mr. Stanton, the only ap-
pointment under which he held the
office of Secretary of War was that
conferred upon him by my immediate
predecessor, with the advice and con
sent of the Senate. He has never
held from Iae any appointment as
head Of the War Department. What
ever right he had to hold the
Office was derived from that
original appointment and my own
suferance.- The law is not intended
to protect such an incumbent OF the
War Depar 'ment, by taking from the
President the power to remove him.
This, in my judgement, is perfectly |
clear, and the law itself admits of no
other construction. We find in all
that portion of the first section which
precedes the pFoviso. that as to civil
officers generally, the President is de- I
prived of the power of removal, and it
Is plain that Il there had been no pro-
ylso, that power would just as clearly !
have been taken from him, so far as
1t applies to the seven heads Of De-