Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1868-02-27
Nomination of Hon. Thomas Ewing
to be Secretary of War.---Import-
ant Message from the President.

The President on Monday sent to the Senate
the nomination of Hon. Thomas Ewing, ST., of
Ohio, to be Secretary of War, in place of Ed
win NJ. Stanton, removed.
At the same time he sent in a message in
reply to the resolution of the Senate, passed on
Friday night, in regard to the removal of Stan
ton. He argues and insists that he had not on
ly right, under the Constitution and tenure
of-otfice act, to remove Mr.. Stanton, but he al
so had right to appoint Secretary Of War
dd interim He states his object in SO doing
was to test the question before the proper tri-
bunal that Mr. Stanton, not having been APP
pointed by himself was not within the provi-
SiOns of the tenure-of-office act and dsclaims
any intention to violate the law.
LATER.
The following is fuller abstract of the mes
sage:
The President briefly refers to the fact that
each of his predecessors had exercised the pre-
rogative of removal, and that the Supreme Court
had decided that the authority was lodged in
the Executive by the Constitution.
1t is then shown that SO far as the laws are
concerned theyrecognize the power Of the Presi-
dent to displace from Office the head Of de-
partment, and further confer upon the Chief
Magistrate of the nation the right to make ad
interim appointments.
The message denies that Mr. Stanton's re-
moyal Is an inIraction of the act of March ?,
1867, and holds that as he was appointed by
Mr.. LincolnS predecessor in the Executive Of
fee, Mr.. Stanton had no tenure Of office beyond
the Presidents pleasure.
That act merely provides for the removal Of
those members of the Cabinet who held ap-
pointments from himself And this construc-
ton was unanimously reached when the ques-
ton came before the Cabinet, Mr.. Stanton him
self acquiescing, the President declares that in
removing Mr. Stanton he hascarefully observed
the provisions of the tenure-of-otfice act in ac-
cordance with the course marked out by him
self as 4 general rule to execute faithfully all
laws passed over his veto.
He earnestly protests against the resolution
of the Senate. and SAYS that as doubts arose
respecting the true construction Of the tenure
of-oiiice act, and of the law regulating the re-
moyal of the head of Department, he desired
now to obtain a decision from the arbiter fixed
by the Constitution for the determination Of all
such questions
nv 4piiiS4 tilNiuL VI vi ''tsAi4tP4 "t'o
intended to accomplish this purpose, but his
THE PreSidentS) object was frustrated, and he
had now removed Mr.. Stanton from Office, and
thus sought to obtain Adhesion from the courts.
The message extends over 81 pages Of fools
cap. and contains numerous law points by which
he claims to be guided in his action.
CONGRESS on TUESDAY.
While the Senate was in session on Tuesday,
Messrs. Stevens and Bingham, the House Com
mittee, announced the passage Of the Impeach-
ment Resolution; whereupon Mr. Howard of
Michigan offered the following resolution, Mr..
Davis yielding the floor temporarily which |
was adopted:
Rssolred, That thS message Of the House Of
relating to the impeachment |
IF Andrew johnson, President of the United /
States, be referred to a select committee Of |
seven, TO be appointed by the Chair, to exam
ne and report thereon.
MeSsrs. Howard, Trumbuli Conkling, Ed /
nunds. Morton, Pomeroy and johnson were
appointed the committee.
The Democrats fired one hundred guns in the
Park, at New York, in honor of the appoint
nent of New York as the place for holding the