Democratic enquirer. [volume] (M'arthur, Vinton County, Ohio) 1867-1873, 1868-03-05


impeachment are agreed upon, the House
shall then Immediately and without dilAtory
motion elect by ballot seven managers TO
conduct said impeachment on the part Ct
the House, and that during the pendency Of
resolutions in the House relative to aaid i'm
parchment, thereafter no dilatOry motions
shall DO received, except one motion on each
day, that the House do now adjourn. =
MESSAGE FROM THE PRESIDENT.
WASHINGTON, Feb. 24.--The President
to-day sent TO the Senate the following
message, which was read in secret session,
and laid on the table and ordered printed.
The Senate removed from it the injunction
Of secresy; s ..a.t
To the Senate Of the United States:
have received copy of the resolutions
adoptedby the Senate on the 2lst instant,
as follows:
"Whgeas, The Senate has received and
considered the communication of the
President stating that he had removed Ed
win M. Stanton, Secretary of War, and
has designated the Adjutant General of
the army 10 act as Secretary Of War dd
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 Gd iS-
terim.n l.tr
This resolution Is confined to the power
Of the President 10 remove the Secretary
of War, and 10 designate another officer to
perHormthe duties Of the Office ad interim,
and by It's preamble is made expressly APP
plicable to the case Of Mr.. Stanton, and
the designation to act ad interim Of the Ad-
jutant General Of the army. Without,
therefore, attempting 70 discuss the gener-
al power Of removal as to all officers, upon
which subject no expression of opinion is
contained in The resolution, / shall confne
myselfto the question as thus limited
the power TO remove the Secretary of
War. It Is declared In the resolu-
ton 'thA, under tho oOnstitution and lava
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 dd interim" As 10 the
question of power under the constitution do
not propose at Dresent to enter upon its dis
cussion. The uniform practice from the be-
ginning OF the government aa established by
every Prssident who has exercised the Office,
and the decisions OF the Supreme Court OF
the United States, have Aettled the question
In favor Of the power Of the President to re-
move ell officers, excepting q class holding
appoint mentsoI Judicial character. No
practice or any decision has ever except.
cd Sscrstray Of War from this general
power Of the President TO make removals
from Office. L is only necessary, then, that
should refer to the power OF the Execu-
tive, under the laws OF the United States, TO
remove from d1ice Secretary Of War. The
resolution delhes that under those laws this
power has any existence: In other words, IL
pffirms 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 that the President has the power
to remove that oficerA
know Of but two laws which bear upon
this question. The fret in the order OF time
is the aot Of August 7th, 1889, creating the
Department Of War, which, after providing
for Secretary as It's principal officer, pro-
needs as follows:
Second. And be IL further enacted, That
there shall he In said department an inferior
officer, to be appointed BY the said principal
officer, to be employed therein as he shall
deem proper, and to be called Chief Clerk Of
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,
during such vIcancy, have the charge and
custody Of all Fecords, books aud papers ap-
pertaining. to the said department"
It's clear, then. that this act, passed by a
Congress- uoauy of whose members parkici.
mated in tbe formation Of the constitutioD. 90
lar from DENYING the power on the Presidept
70 rernoye ina Hecretary Of War. recopnizes
n IN ihe Exeeu,ive alone--witho1t tho con-
cnTrenoe of the Senate. or OF Any other al.
nartment oF ths Governments Nv ~
u,,.,,,o-0,o,o "a. a.. Aoos mn. r,,,,,or. a,
ooDsar ~ no.sr s~ hv Is0;sIs s tive % e"tRor;tv.
"n. ~ Ts., 80 tfs,e snv othar eTSstsnys,
nn'.,at;os ho,' ~ ' tt,nn Srh,oh \. ,Sss hssto,a5
vs,U'tF ,,.n1 az Fvr,;gs tn ra"o"n;.,on ~ .Ho
nyon 'Lo 10 .Lssi ,ia.atFa ~ sno
~ .nis Ss. az Az oi,ss,.il, t,e,s
s secosnluO. unusI sho oonsssuon .a ~ nsJ,,
ioI snSlS Mss ~ JsnSL sous0' VI Su'n"l"y
iIon "hio" !" couiu Do uoii'eu' s,tf
The other act which refers 70 thus question
Is thAt reguiaung tne tenure OF certain clvl,
officers, passed by Congress on tins second
day OF March, 1901. Inc nrst section OF that
act 10 10 the following language: rnat tee
person holding any clyli once TO wnlcn ne
has been appointed by and with ADVICE and
consent Of the senate, and any person VINO
shall hereafter oe appointed 70 any sncn
ofhce and shall become ouly quailned 70 act
therein, IS and shall DO entltled 70 hold the
once until snccessor saS aIn nave s,s Des5 ID
cept as herein otherwise provided; provided
that the Secretary OF State, OF the Treasury,
Of War, Of the Navy, o. tne INTERIOR the
postmaster General ana the Attorney Seneral
shall hold their otnoes respec ciyely TOR and
during the term OF the PRESIDENT y which
they may nave peen Appomted and ,or one
montn heTeAiLef' snIJeet 20 rsm9vA1 y ana