The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-02-28
nor give to them any tenure Of office

nor give to them any tenure of office
:haynnd .ey ;cic.s,11ee pleasure. ;,,@ ! xs,sS# =
Iwould be violation Of the plain
meaning of this enactment to place
Mr.. Stanton upon the same footing
as those. heads of departments who
have been appointed by myself. AS
to him, this law gives him no tenure
of Office. The members of my Cabi-
net who have been appointed by me,
are by this Act entitled to hold for
one month after the term of my
office shall cease; but Mr.. Stanton
could not, against the wishes of my
successor, hold II moment thereafter. u
He asserts that under this construc-
ton Of the tenure of Office Act, he
has never doubted his power to re-
move Mr.. Stanton, but says that,
owing to doubts which existed as to
the construction of the law, he, from
the first, "deemed it desirable tina!
at the earliest possible moment those
doubts should be settled, and the
true construction of the Act fixed by
decision of the Supreme Court OF
the United States. My order of sus-
pension, in August last, was intended
to place the case in such q position
as would make resort to judicial
decision both necessary and proper.
My understanding and wishes, how
ever, under the order of suspension,
were frustrated, and the late order for
Mr.. Stanton's removal was q further
step towards the accomplishment OF
that purpose.
In respect to so much of the reso-
luton rs relates to the designation OF
an officer to act as Secretary of War
dd interim, have only to say that l
have exercised this power under the
provisions of the first section of the
Act of February 13, 1895, which. so
far rs they are applicable to vacancies
caused by removals, 1 understand to
be still in force.
The Legislation upon the subject of
dd interim appointments in the execu-
tive departments stands, as to the
war Office, as follows:
"The second section of the Act OF
the 7th of August, 1889, makes pro-
vision for vacancy in the very case
of removal of the head of the war
department., and upon such vacancy
gives the charge and custody of the
records, books and papers to the
chief clerk"
Next, by the Act of the 9Th of May,
1902, section 8, it is provided that in
case of vacancy occasioned by death,
absence from the seat of Government,
or sickness of the head of the war
department., the President may au-
thorize person to perform the duties
of the Office until q successor is ap-
pointed or the disability removed.
The Act, it will be observed, does not
provide for the case of q vacancy
caused by removal.
Then, by the first section of the
Act of February 13, 1775, it is pro-
yided that in case of any vacancy,
the President may appoint person
to perform the duties while the va
cancy exists.
He then quotes the Act of the goth
Of February, 1868, which he says,
with somo notifications, re-enacts
the Act of 1892, and provides, MS did
tilitt ACt, lOr Cne SOfC OF vacancies so
to be filled; but, like the Act of 1892,
it makes no provision for vacancy
occasioned by removal. It has refer
ence altogether to vacancies arising
from other causes. According to my
construction of the Act of 1868,
while it impliedly repeals the Act of
1892, regulating the vacancies therein
described, it has no bearing whatever
upon so much of the Act of 1895, as
applies to q vacancy caused by re-
moval. The Act of 1895, therefore,
furnishes the rule for vacancy occa-
stoned by removal-one of the vacan-
cies expressly referred to in the Act
of the 7th of August, 1889, creating
the Department of War" After dis
il. u. A