The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-02-25
A Message from the President.

WASHINGTON, February 24.-The Pres
ident to-day sent TO the Senate the fol-
lowing message, which was read i'll Sc
cret session, laid on the table and
ordered printed. The Senate removed
from it the Injunction of secrecy:
To the Senate of the United States:
have received copy of the resolu
tion adopted by the Senate on the 2lst,
as follows:
WHEREAS, The Senate has received
and considered the communication of
the President stating that he had re-
moved Edwin NJ. Stanton, Secretary of
War, and has designated the Adjutant
General of the armsto act as Secretary
of War al interim, therefore
ReSOlred, by thC 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 peform the duties of that Office al
interim.
This resolution is confined to the
power of the President to remove the
Secretary of War and to designate an
other officer to perform the duties OF
the Office adj interim, and by its pream-
BILE it is made expressly applicable to
the removal of Mr.. Stanton and the
designation to act ad interim 10 the
Adjutant General of the Army.
Without, therefore, attempting to dis
cuss the general power of removals to all
officers, upon which subject no express
sion of opinion is contained in the reSo-
luton, / shall cOnfine myself to the
question as thus limited, the power to
remove the Secretary of War. 1t is de-
clared in the resolution that under the
Constitution and laws of the United
States the President has no power to re-
move the Secretary of War and desig-
nate any other officer To perform the du-
ties of that office al interim. As to the
question Of power under the Constitu.
ton, do not propose at
present 10 enter upon its discussion.
The uniform practice from the beginning
of the Government, as established by
every President who has exercised office,
and the decisions of the Supreme Court
of the United States have settled ques-
tions in favor of the power of the Presi-
dent to remove all officers excepting q
class holding the appointment of u ju-
dlclal character. No practice or any
decision has ever excepted Secretary
of War from this general power
Of the President to make removals
from Office. 1t is only necessary
then that 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, il aftirms that no such authority
is recognized or given by the statutes
of the country; what, then, are the laws
of the United States which deny the
President power to remove that officer.
| know but two laws which bear upon
this question; the first in order is the
act of August 9TH, 1899, creating a De-
partment of War, which, after provid
ing for the Secretary as its principal
officer, prsceeds as follows:
"SEC. =, ind be IL further enacted, That
there shall be in said department an in
ferior officer appointed by said princi-
pal otfieer, 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 principal
officer shall be removed from office by
the President of the United States. or
in any other case of vacancy, shall have
the charge and custody of all records. |
books and papers appertaining to said
Department"