Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-02-25

maze Tor O1CerS generally. III announcer ciduoo
there is class of officers designated by their
official titles, who are excepted from the gener
al terms Of the law, and in references to whom
clear distinction is made as to the genera
power of removal limited in the first clause of
the section. This distinction is, that as to sueh
of these enumerated officers as hold under the
appointment Of the President, the power Of
removal can only be exercised by him with the
consent of the Senate; while as to those who
have not been appointed by him, there is no
like denial of his power to displace them. 1t
would 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 Cabinet 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 moment
thereafter 1t he were permitted by that sue,
ccssor to hold for the first two weeks, would
that successor have no power to remove him
But the power Of my successor over him could
be no greater than my own. Ifmy successor
would have the power to.remove Mr.. Stanton,
after permitting him to remain a period OF two
weeks. because he was not appointed by him,
but by his predecessor, l, who have tolerated
Mr.. Stanton for more than two years, certainly
have the same right to remove him, and upon
the same ground-namcly, that he was not ap-
pointed by me, but by my predecessor. =.
Under this construction ofthc tenure oi-olhce
act, [ have never doubted my power to remove
Mr. Stanton. Whether the act were constltu-
tional or not, it was always my opinion that 1t
did not secure him from removal L was,
however, aware that there were doubts as to
the construction Of the law; and from the first
[ deemed it desirable chat ct the earliest posi-
bic moment those doubts should be settled,
and the true construction OF the act flXed by
decision of the Supreme Court OF the u. 5.
NV order Of suspension, in August last, was
intended to place the case in such position as
would make resort to judicial decision both
necessary and proper. My understanding and
wishes, however, under that order Of suSpcn-
sion, were frustrated, and the late order for
Mr. Stanton's removal was Il further step
towards the accomplishment of that purpose.
I repeat that my own convictions as to the
true construction of the law, and as to its con-
stitutiona]ity, were we'll settled, and were sus-
tanned by every member Of my Cabinet, lnclu-
ding Mr.. Stanton himself. Upon the question
of constitutiouality every one In turn dehbc-
rately advised me that the tenure-ot-ottlce act
was unconstitutional. Upon the question
whether as to those members who were appoln-
ted by my predecessor, that act took from me
the power to remove them, one OF those mem
beers emphatically stated, in the presence OF the
others, sitting in Cabinet, that they did not
come within the provisions OF the act, and 1t
was no protection to them. No one diss- ntcd
from this construction, and L understood them
all to acuuiesce in its correctness.
In matter Of such grave consequence was
not disposed to rest upon my own Opinions,
though fortified by my constitutional advisers.
I have therefore sought to bring this question,
at as carly day as possible, before the Supreme
Court of the United States for final and au-
thoritati7c decision.
In respect to SO much Of the resolution as re-
lates to the designation Of al officer to act rs
Secretary Of War aJ interim, / have only to
say that have exercised this power under the
provisions of the first section of the act OF
February 10, 1875, which, So far as they are
applicable to vacancies caused by removals, l.
understand to be still in force.
The legislation upon the subject Of od interim
appointments IN the executive departments
stands, g. to the War OfficGa Us follows
August, 1889, makes provision for vacancy
lIS"|' VI
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 Sth Of May, 1872,
section eight, it is provided that in case OF va
cancy occasioncd by death, absence from the
seat of Government. o. sickness Of the head OF
the War Department, the President may au
thorizc person TO perform the duties Of the
office until a successor is appointed, Or the
disability removed The act. il will be observ
cd does not provide for the case of vacancy
caused by removal.
Then by the first section Of The act OF Feb.
ruary IS, 1875, it is provided that in case OF
ann vacancy the President may appoint per
son to perform the duties while the vacancy
exists.
These acts arc followed by that Of The Goth
Of February, 1868, by the first section Of which
provision is again made for vacancy caused
by death, resignation, absence from the seat OF
Governments, or sickness Of the head Of any
executive department Of the Government; and
upon the occurrence of such 2 vacancy, power
is given to the President ''to authorize the
head OF any other executive department, or
other officer in either Of said departments
whose appointment is vested in the President,
at his discretion, to perform the duties OF the
SAID respective OFFICES unt!l d SucECSSul - IP-
pointed, or until such absence or inability by
sickness shall cease: Pornled, That no enc va
cancy shall be supplied in manner aforesaid for
q longer time than six months" .
This law, with some notifications, recnacts
the act of 1892, and provides, as did that act,
for the sort OF vacancies so to be filled but
like the act OF 1892, it makes no provision for
vacaacy occasioncd by removal It has ref
ercnce altogether to vacancies Arising from
other causes According to my construction OF
the act Of 1863, while it implicitly rcpcals 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 a vacancy
caused by removal The act of 1895, there,
fore, furnishes the rule for vacancy occasioncd
by remoyal-one of the vacancies expressly re-
ferred to in the act oil the 7th Of August, 1859,
creating the Department of War. -.
Certainly there is no oXpreSS rcDcai, by the