The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-02-28
The RresIdent's aIessages.

viously sent on Saturday, but which
reached the capitol after the adjourn
ment of the Senate. One of them
nominates Hon. Thomas Ewing, sr. ,,
of Ohio, to4.be Secretary of War.
The other is ~sply to the Senate
resolution of Friday night, relative
to the appointment of Gen. Thomas
as Secretary of War all interin1. The
latter is lengthy document, cover
ing thirty-seven pages of foolscap.
We present an abstract of its con-
tents: ....-. ...,......e
The President briefly refers to the
fact that each of his predecessors had
exercised the prerogative of removal,
and that the Supreme Court had de-
cided that the authority was lodged
in the Executive by the Constitution.
He then says:
1t is only necessary, then, that I
should refer to the power of the
Executive, under the laws of the
United States, to remove from Office
Secretary of War. The resolution
denies that under these laws this
power has any existence; in other
words, it affirms that no such author
ity is recognized or given by the
statutes of the country.
What, then, are the laws of the
United States which deny the Presi-
dent the power to remove that officer?
1 know but two laws. which bear upon
this question. The first in the order
of time is the Act of August 7, 1889,
creating the Department of War,
which, after providing for Score
tary as its principal officer, proceeds
as follows:
''SEcTIoN 2. Andbe 1t further, enact
ed. That there shall be in the said
department an inferior officer, to be
appo .nted by the said principal
officer, to be employed therein as he
shall deem proper, and to be called
the 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
vacancy, shall, during such vacancy,
have the charge and custody of all
records, books and papers appertain-
ing to the said department. F."
1t is clear that this Act, passed by
O Congress many of whose members
participated in the formation of the
Constitution, so for from denying the
power of the President to remove
the Secretary of War, recognizes it
as existing in the Executive alone,
without the concurrence of the Se-
nate or of any other department of
the Government. Furthermore, this
Act does not purport to confer the
power by legislative authority, nor
in fact was there any other existing
Legislation. through which it was be-
slowed upon the Executive. The
recognition of the power by this Act
is, therefore, complete rs a recogni-
tion under the Constitution itself; for
there was no other source or authori-
ty from which it could be derived.
He then quotes the first section of
the civil tenure Act Of March 2,
1867. and in reference to its conclud-
ing proyiso, says:
The proviso that follows proceeds
to fix the term of Office of the seven
hooVo VI 0CPai eilIouISj WuOSo teuurc
never had been defined before, by
prescribing that they "shall hold
their offices respectively for and dur
ing the term of the President, by
whom they may have been appoint
ed, and for one month thereafter,
subject to removal by and with the
advice and consent of the Senate.
Thus, as to these enumerated officers,
The proriSO takes from the President
the power of removal, except with
the advice and consent of the Senate.
BY its terms, however, before he can
be deprived of the power to displace
them, it must appear that he himself
has appointed them. It is only in
that case that they have any tenure
Of Offico nr INV ipJanap1opf -; <,bt -.