The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-03-25
VOL. XXXIV.

>. lSG7. ny 4 constitutional majority OF both
Houses O! Congress, II was enacted rs fol-
lows
That every person holding any civil Office
20 which he has been appointed by aud with
the advice and consent of the Senate, and
every person who shall hereafter bcnppointed
10 any such office, and shall become duly
qualified TO act therein, is and shall be en- ii
lied 10 hold such Office until 4 successor shall
have been in like manner appointed and duly
qualified, except rs herein oiherwis" pro-
yis!ed Prpr3I,d, That the Secretaries of State,
OF the Treasury, of War; OF The Navy, and OF
the Interior, tho Postmaster General, and
The Attorney General, shall hold their Offices
respectively for and during the term of the
President 10y whom they may have been ap-
pointed. and for one mont thereafter, subject
10 removal by and with the advice and couscn
of the Senate"
This respondent was also aware that this
act was understood and intended 10 be III
expression OF the opinion OF the Congress by
which that act was passed that the power 10
remove executive officers for cause might by
law NJ aiken from the PRESIDENT and vested
III him and the Senate jointly and although
this respondent had arrived ut and still re-
tanned tue opinion above expressed, and
verify believed. rs he still believes, that the
said first section of the aforementioned act
was and is wholly imperative and void by
reason OF its conflict with the Constitution Of
the United States: yet, inaSmuCh as the same
had been enacted by the constitutional ma
lority in each OF the two Houses OF that Con-
Grcss, This respondent considered IL 10 BE-
proper TO cXaMln" and decide whether me
particular case OF the said Stanton, on which
IL was this respondents duty 10 act, was
within or without the terms OF that first sec
ton OF III" act; or, If within II, whether me
Pres dcHL had not The power, according TO the
terms Of The "ct, 10 Temov" tn" SAID stanton
from the oilicc of Secretary for the Depart
II
President of the United States, 50 examined
and ccuSidcrcd did form IN" opinion That IN"
ease of The said Stanton and his tenure OF
office were not affected by The first section o.!
Ii" last-mamcd act
and this respondent, further answering.
says that although Il case thus existed which,
in his Judgment, rs President OF the nitcd
States, Callrd for the exercise oi the executive
povcr - rrlnOY" The said Stanton from lhe
office OF Secretary for The Department OF War,
and although this respondent was of opinion,
rs = above shown, that, under the tUnStitu-
tiOn Of the United States, the power TO re-
move the said Stanton from the sand Cfce was
vested in the President Of The I tult"d states
and III though tiiS respondent was also OF tnc
opinion, rs i above shown. that the case OF
The sald Stanton was not Affected Dy Inc hrSt
section of the laSt.namrd act: ana although
each Of the said opinions had been formed by
this respondent upon I'm actual case, requiring
him III his capacity OF President OF the United
STATES 10 come TO some Judgment and det"rIni-
nation thereon, yet This rcs pouu"Hl rs lfeSi-
dent of the United States. desired and deter
mined To avoid, If possible. ANY question OF
the cons struclou and effect OF the said FIRST sec
tluu ut Illc las named act, aud also The broader
qU"> ion of tn" executive power conferred on
tAc Prcsltirutui the United States 10y the Con-
>iiluliou Of the United States to remove one Of
the principal officers OF one OF lc executive de
narimeniS tor cause seeming 10 HIM sufficient /.
and tls respondent also desired and deter
mined that. ii from causes over which he
could exert 40 control, IL should become abSo-
lutcly necessary To- raise ana have, III some
way, determined either, or buiA, OF The SAID
ia~t-uamod Qucs ;iouS, it wa> in accordance
,yItn The Constitution q! the United States,
ana was required of ilc President thereby
that questions Of 50 much gravity ana nm
pnrlHuc". upon which til" Legislative" ana eX-
rcutiye departments OF the government hta
disagreed, which involved powers, conSIdcreu
by all branches of the Government. during
lis entire history down Ia year 1867, to hay"
been coullded by the Constitution or The nj
icd States 10 the President, aud 10 be u"ceS-
>al.y for the complete ana propc: execution OF
his constitutional duties, should he III some
proper way submitted TO that judicial depart
In"ui of the Government. entrusted by the
Constitution with the power. and subjected
by il TO the duty, not only ot urt'tIn!nihS
finally, the cons truc1ion and elect OF all
acts OF Congress, but OF comparing them
with the Constitution Of til" United States
and pronOuncing them imperative "hrh
found in conflict with that fundamental
law which the people have enacted Tor the
Of all their servants. And To
these pnds-frSt that through the action OF
the Senate OF the United states The ahSolul-
duty OF the President 10 substitute some III
person in place OF Alr. stanton rs one OF ms
advisers and as aH,riuc cipal subordinate officer,
whose official conduct he was responsible for
and had lawful right to control, might l.
possible, be accomplished without The heces'
siLy of raising any one OF the questions alore-
D., Il l,1 not l,l4
performcd then that these questions, or such
If them as might necessarily arise, should be
Iu,lirlaily determined, III manner aforesaid
and for 80 other end or purpose, thlS re-
Suooinnt as President of the United states,
on the 18th day Of August, 1867, seven DAYS
f,r,. The reception OF the letter OF the said
Stanton of the 9TH OF August, hereInDe1ore
stated, did issue TO the SAID Stanton Inc order
!oliowing-NlZ.
WAsHISrTuS, August II, 1857.
"Sir.-By virtue OF the power and aulhorl
ty vested IN me rs President by the ConSlliu-
ton and laws Of the United States, you ar
hereby SUSPENDED from Office rs Secretary ol
War, and Will cease TO exercise amy ana All
functions pertaining TO the same w
You will 1T once transfer 10 Gencfal iE9'
Scs ) Grant who has this day been author
izad and empowered TO act rs Secretary OF
War u,r S,'cri0, al records, books, papers, ana
other pubs property, now i'll yonr CUSTODY
and charge.
The Hon. Ei,oin IT, STATION, Secretary OF
War"
To which said order the said Stanton made
the following reply ..
" WAR DEPARTMENT.,
WASHINGTON CITY, August l., lS67.
"Sir-E our note of this date has been re-
ceived, informing me that by virtue OF the
powers vested i'll you as President by the Con
slitutiou and laws of the United States | am
SUSPENDED from Office rs Secretary OF War,
and will cease TO exercise amy ana All luhc'
lions pertaining 10 the same ana also qirect'
iup ,n,. AT once 10 transfer 10 General Ulysses
: Grant who has this day been authorized
and empowered TO act us Secretary OF " ar II"
i..t.3,n all records, books, papers, ana olllel
public property, now III my Gus louS 'Mtn' NV
charge. Under Il sense OF pupllc uuIy ''t
conuelled 10 DENY your right, under the Con-
ytililiou and laws of the United States, with
out the advice and consent OF the Senate, itho
without legal cause, 10 suspend me from oiuce
rs Secretary of War, or the exercise OF any VI
All functions pertaining 10 the same, Or VIII
out such advice and consent 10 compel me u
trans Ter To any person the records, books, pa
prrs, and public property, i'll my custody IL
Secretary. But in:.smuch rs the Gener;ti com
maudiug the armies of the United States mas
been appointed Ud tntertn, anu has hotilleI
me that he has accepted the appoli! lineht, l
have no alternative but 10 supi4liI' "ioei pio'
Test, 10 superior force.
'.To the PrtSidsat.'
And this respondent, further answering,
says that it is provided in and by the second
section of IAN act 10 regulate lhe tenure VI
certain civil offices" that the President may
suspend IN officer from the performance OF the
duties OF the office held by him, for certain
causes therein designated, until the heA'
meeting of the Senate, and until the case
shall be acted on by the Senate; that tnis re
s,ondent rs President OF the United States
was advised, and he verify believed ana sun
h.li,y,.s that the executive power OF re'
moy;u from office, coniiGed 10 him by the Con.
stitution as aforesaid, includes the power oi
SUSPENSION from office 1T the pleasure ol tilt
President; and this respondent, by the ofoel
aforesaid, did suspend the said Stanton from