South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1868-03-06

nized or given by the statutes of the coun
try. What, then are the laws of the United
States which deny the President the power
: to remove that officer | know but two
laws which bear upon this question. The
first in order of time Is the act of August
9Th, 1889, creating the Department of War.
which, after providing for Secretary as its
principal officer, proceeds as follows:
/ "Sec. 2. Ind % Il further enacted That there
shall be in the said department an inferior officer.
I to be appointed by the said principal officer 10
I be employed therein rs be shall deem proper to
TOO called the chief clerk in the Department of
( War, and who, whenever the said principal Off
Ger shall he removed from Office hy the President
OF the United States, in any other case of va
cancy, shall, during such vacancy have the
charge and custody OF all records books and pa
! pers apperiaining to the said department.
/ 1t is clear that this act, passed by Con-
gress many OF whose members participated
in the formation of the constitution, so far
from denying the power of the President 10
remove the Secretary of War, recognizes it
as existing IN the Executive alone, without
the concurrence of the Senate or of any 9th
"a department of the government. Fur
thernure, this act does not purport TO con-
fer the power 10y legislative authority, nor
IN fact was there uy-other existing leris-
lation through which it was brought upon
the Executive
The recognition of the power by this act
is therefore complete as a recognition under
! the constitution itself, for there was no 9TH
/ or source or authority from which it could
! be derived. The other act which refers to
/ this question Is that regulating the tenure
Ut certain civil officers, passed " Congress
on the second day of March, 1867. The
trst section of that act is in the following
wo:d,: That every person holdinc any
civil Office to which he has been appointed
/ 10y and with the advice and consent Of the
Senate, and every person who shall here.
alter be appointed to any such Office, and
shall! become qualified to act therein, is and
shall be entitled to hold such office until a
successor shall have been in like manner
/ appointed and duly qualified, except as
hcrcin otherwise provided. Provided that
the Secretaries of State, of the Treasury, of
War, of the Navy, and of the Interior. the
( Postmaster General and the Attorney Gen
eral, shall hold their. offices, respectively.
Tor AMI during the term of the President BY
/ whom they may have been appointed, and
Tor one month thereafter, subject to reno
val by and with the advice and consent of
the Senate"
The fourth section Of the sama act re-
STREETS the term Of Offices to the limit pre-
scrIbed by the law creating them That
/ part Of the first section which rrcccdes the
pror'so declares thTt every person holding
a civil Office to which he has been or NAV
be appointed, by and with the advice and
consent of the Senate, shall hold such office
until successor shall have been in like
manner appointed. 1t purports to take
from the Executive, during the fixed time
established for the tenure Of the Office, the
independent power Of removal, and 20 re-
( quire for such removal the concurrent &c
ton Of the President and the Senate. The
. proviso that follows proceeds to fix the term
Of Office Of seven heads Of departments
whose tenure never bad been defined before
+ by prescribing that they "shall hold their
offices, respectively, for and during the term
of the President by whom they may have
been appointed, aud for ono month there
after, subject 70 removal By and with the
advice and consent Of the Senate"
Thus, rs - these enumerated officers. the
Proviso take, from the President the power
OF removal except with the advice AMI con
sent of the senate. By It's terms, before he
c'u be deprived Of the power to djsplace
them, il wust appear that he himself has
appointed them. 1t is ouly in that case
that hey have any tenure OF Office or ouv
independent right to hold during the term
OF the President, and lar one month after
the cessation of his official functions.
The proSiso, therefore, gives no tenure Of
Office to any one Of these officers who has
been appointed hy former President be-
yoni one mouihaltcr The accession OF his successor
w the case of Mr. Stanton. the only ap-
p'iu'men' under which he held the Office If
Secretary If War was that conferred upon
hm by my immediate predecessor, with the
advice and consent Of the Senate. He has
never held from me any appointment as the
head Of the War Department. Whltevcr
right be had 20 hold the Office was derived
FROM that original appointment aud my own
su1.r5nce
The inw was not INTENDED to protect such
nm incumbent Of the War Department hy
taking from tic President the power TO re-
move bin. This, in my judgment, is per-
tccily clear, and the law itself admits Of no
otberj ust construction. We find in an that
portion Of the FIRST section which prcccIcs
the proyiso that as 90 civil officers general
y, Che President is deprived Of the power
OF removal; anliti- plain that if there bad
bocu 40 proviso, that power would just as
clearly have been taken from bin. 50 far as
u applies TO the seven heads of the depart
meats, but for reasons which were no doubt
satisfactory 70 Congress, these principal Of
hcers were specially provided for, and as TO
them The express and only requirement is
that tie President who has appointed them