Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-25

FROM WASHINGTON,
aEsl ss- 81 B5a ~
The Impeachment Resolution
Passed. SD
Vote 126 TO AZ. ae"'s
Message from the President.
The City In a State of FeVerlsh
Excitement.
Application to be made for a
MandamuS.
Interviews with Gen. Thomas
and Stanton.

WASHINGTON, Feb. 24.-The impeach
ment resolution passed the House this
evening by l26 to AZ.
The President to-day sent to the Senate
the following message, which was read in
secret session, after which it was laid on
the table and ordered to be printed, the
Senate removing from il the injunction of
secrecy
10 The Senate Of he United States: /
have received copy of the resolution
adopted by the Senate on the 2lst mat, az
follows:
Whereas, The Senate have received aud
considered the communication of the
President, stating that he had removed
Edwin M. Stanton, Secretary of War, and
has designated the Adjutant General of
the army to act as Secretary of War ad
interim therefore
Resolved by the Senate of the United
States, That under the constitution and
laws of the United States the President
has no power to remove the Secretary Of
War and designate any other officer to
perform the duties of that Office ad in
terim.
This resolution, as confined to the power
of the President to remove the Secretary of
War; and to designate another officer to
perform the duty of the office ad interim,
and by its preamble, is made expressly
applicable to the removal of Mr.. Stanton
and the designation TO act ad interim Of
the Adiutant General ofthe army. With
| out, therefore, attempting to discuss the
general power of removal as TO all ofhcers,
upon which subject no expression of opinion
is contained in the resolution, l shall con-
| fine myself TO the question as thus limited
the power to remove the Secretary of
War. Il is declared in the resolution that
| under the constitution and laws of the Uni
| ted States, the President has no power to
remove the Secretary of War and desig-
nate any other officer to perform the
| duties of that Office ad interim. As
to the question of power under the
constitution i do not propose at present
to enter upon its discussion The uniform
practice from the beginning of the govern
| ment as established BY every President
who has exercised the office, and the de-
cision of the Supreme Court of the United
States, have settled the question in favor OF
the power of the President to remove ali
officers, excepting class holding appoint
ments of judicial character. No practice
| or any decision has ever excepted Score
| tary of War from this general power Of the
/ President TO make removals from Office.
| 1t is only necessary then that | should re-
| fer to the power of the Executive under
| the laws of the United States TO remove
| from Office Secretary Of War. The reso.
luton denies that under these laws this pow
er has any existence in other words il af-
| firms that no such authority is recognized or
| given by the statutes ofthe country. 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 eth,
| 1889, creating the Department Of War,
which after providing for a Secretary as
its principal officer, proceeds as follows
Section 2. And be it further enacted,
That there shall be in the said department
an inferior officer, to be appointed by the
said principal officer and TO be employed
therein as he shall deem proper, and to be
called Chief Clerk in the Department OF
War, and who, whenever the said prin-
cipal 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 appertaining to the said
department. Ii is clear that this act, passed
by a Congress many of whose members par
ticipated in the formation of the constitu-
ton, so far from denying the power of the
| President TO remove the Secretary of War,
recognized il as existing in the Executive
alone, without the concurrence of the Sen
ate, or Of any other department of the gov
eminent, Furthermore, this act does not
purport 10 confer the power by Legis-
latiye authority, nor in fact was there aay
upon the Executive. The recognition OF
the power by this act, is therefore complete
as a recognition under the constitution it.
self, for there was no other source or au-
| thority from which it could be derived.
The other act which refers to this question
and that regulating the tenure of certain
| civil Offices, passed by Congress on the
second day of Mirch, 1867. The first sec.
ton of that act is in the following words
That any person holding any civil Office to
which he has been appointed by and with
the advice aud consent Of the Senate and
| any person who shall hereafter be APP
pointed TO any such Office and shall become
duly qualified 10 act therein, shall be en-
titled TO hold Office until a successor shall
have been in like manner APP
pointed and qualified, except as Is
herein or otherwise provided pro-
vided that the Secretary Of State, of the
Treasury, Of War, Of the Navy, of the In
terror. the Postmaster General. and the
Attorney General shall hold the Offices re-
spectiyely for 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 consent Of the Senate.
The fourth section Of the same act re-
tricts the test Of Office to the limit pre-
scribed By the law creating them. That
part of the FIRST section which proceeds the
pro7iso declares that every person holding
a civil Office, to which he had been or NAV
be appointed and with the advice and
consent Of the Senate, shall hold such until
q successor shall have been in like manner
appointed 1t purports to take from the
Executive, during the fixed time estab-
lished for the tenure Of Office, the indie
pendent power Of removals, and to REQUIRE
for such removal the concurrent action OF
the President and the Senate. The pro-
yiso that follows proceeds 10 FIX the term
of Office of the several heads of depart
ments, where the tenure had never been
defined before, by prescribing that they
shall hold their office, respectively, for
and during the term Of the President by
whom they may have been appointed, and
for one month thereafter, snhiect to reno
val by and with the advice and consent Of
the Senate. Thus, a. TO these enumerated
officers, the proyiso from the President for
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 displaoe them, it must appear
thar he himself has appointed them, and
it Is only in that case they have any tenure