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

lcvll officers, psssed.by Congress on The 2
day Of March, 1867. The first section O
tha! act IL in the following words: sTha
every person holding any civil Office I,
which he has been appointed, by end will
the advice and consent OF the Senate, an.
my person who shall hereafter be sppoiu,e,
to any ciliee and shall become dLly cuqliGse
to act therein, il and shall be entitled Il
hold said 0illsc nD'il suceps-oy shnll hayf
been in like manner appointed or duly cus,
except as herein otherwise provided; pro
vided that the Secretary Of State: Secretary
Iof The Treasury. Secretary OF War, Secre
tary Of The Navy, Secretary Of interior, the
Postmaster General, and Attorney General
slsll hold their Offices respectively for ana
during the term Of the President by whum
they may have been appointed. and for one
month thereafter, subject TO removal by
and with the sGvice and conser, Of the
Senate; nnd The fourth section Of the same
net restricts the tetm of Office 10 The time
prescribed by the law creating them. Ths,
part Of The first section. which precedes the
provso declares that every person holding
a civil Office 10 which he has been or ,nuy
be appointed by and with the sdvicc and
consent Of Senate shall hold such Office un. .
iii a successor should be in like manner ~
pointed. I, purports 10 take from the Tx.
scutive during the fixed time established for
tenure OF Office, the independent power of
removal, and TO require FOR such remova, the
concurrent action of thu President and the
Senate. The proyiso that follows proceeds
to fix the term Of Office ol the reversI heads
OF departments. whose tenure had been de.
fined before, by providing that they shall
hold their Offices respectively for and during
the term Of the President by whom they may
have been appointed, and for one month
eutieci 10 remova! BY ond with
the advice nnd consen, OF the Senate.
Thus, asio these enumerated officers, the
provlso takes from the President the power
VI removal, except with the advice and con
sent Of the Senate. By lie terms, 10 ever.
before he en- be deprived of The power .o
us place them il must appear tina, be himself
I,ns eppointed ;heh.. !, j. only in that cas.
they have any tenure OF Office or any inde
uendsn, right TO hold during the term OF the
President one month after The cessation oil
his oiii functions. Th4 proviso therefor.
gives no tenure Of Office 10 any one Of these
officers who has been appointed by N, Pres
dent beyond one moniL after the scression
VI HE successor. In The ease Of Mr.. Stsn-
ION the only appointment uud-r which he
leld the Office Of Secretary OF War was ihar
conferred upon him by my iinmeGia'e prede
,essor, with the savice and consent OF III, /
Senate; he has never held from me apl oin'. !
nent ss the head Of the War Department
Whatever right he had TO hold The Office wa
derived from that original appointment and
ny sufferance.
The law was not intended 10 proiec, such
IN incumbent Of the War Department ss
lin. This, in my iademen, is perfectly
.leaf, aud the law admits OF TO other con- |
We find in all tha, portion Of
he first section which precedes the proyiso
hat as 10 civil officers generally the Prcsl
ent is deprived Of the power Of remous!,
nd ]. is plain that if there hid been powe,
hat power would just Is clearly have been
AIKEN from him so far as it applies 10 the
even heads Of Departments, but for reasons
'hich were. no doubt satisfactory 10 Con.
ress. these incipai officers were especial.
' provided for, and Az to the express and
My requirement, il IL that the President.
tho has appointed them, shall not without.
he advice and consent Of the Senate remove
hem from office. The consequence is thatl,
> to my Cabinet embracing the officers de-
gnated in the frat seciiou, the act takes :
om me the power wilhou, concurrence oil
ie Senate 10 remove any one Of them llt
ave appointed. but il. does no, protect such
them as did not appoint, nor. give TO Z
lem any tenure OF Office beyond my pleas. {
re. d-s U t-4
An examination OF this act then showsI I
'at while in one part Of the section, pro. q
sion is made for. officers generally, in an. a
her clouse there is class Of officers de-. !,
gnsted by their official titles, who are OK /,