Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-02-26

settled, and the true construction Of th
act fixed by decision of the Suprsnl
Court of the United States. My order
suspension in August last was intende
to place the case in such a position :
would make q resort to Judicial decisio
both necessary and proper. Ny undel
standing and wishes, however, unde
| that order Of Suspension, were Illustrate,
| and the late order for Mr.. Stanton's n
moval was further step toward the az
comPIishment ofthat purpose. | repeS
| that my conviction, as to the true cor
struction Of the law, and as to the cor
stitutionahty, were settled, and were SUI
tanned, by every mem Der Of my CabiRe
inclUding Mr.. stanton himself Upo
| the question of constimtiOnality, eac
| one, ia turn, deliberately advised M
! that the tenure-of-ofIica bill was uncOn
| stitntional upon the question. Whether
as TO those members who We're appoints
/ by my predecessor, that act took frOu
me the power to remove them, oae mem
ber declared emphaticelly, in the pres
eEee of others sitting in Cabinet, tina
they did not come within the provision
Of the act, and it was no protection &
them. l understood them all to acqui
esce in its correctness. To a matter O
such grave Importance, / was not dis
posed to rest upon my own opinion
though fortified by my constitutions
advisers, / have, thel eiOre, sought t
bring the question ct as early a day a
pO'sible before the Supreme Court OF tn,
United States for tTia! and authoritative
discussion. In respect TO so much of tht
resolution as relates TO the designation o
an officer 20 act as Secretary OF War 81
interim, have only to say have exer
cised this power under the provisions 0
the first section Of the act of February 13
1875, which, so far as they are applicabl,
To the vaca acies caused by removals
! understand TO be still in force
The legislation upon the subject of az
interim appointments in the Executive
Departments stands SIS to the War Office
ss follows: The section of the act OF the
9Th of August, 1883, mRde no provision
for vacancy in the very case OF re.
moval of the head Of the War Depart.
ment, and upon such q vacancy gives the
charge and custody of the records, book.
and papers to the Chief Clerk. Next
by the act of the Sth of March, 1892 sec.
ton S, It is provided that in case z va.
cancy is occasioned, by death or absence
from tue seat of Government, or of sick.
ness of the head of the War Department,
the President may authorize a person 70
perform the duties of the Office until q
successor is appointed, OF the disability is
removed. The act, it viii be observed,
does not provide for the case OF va
cancy caused by removal Then, by
the first section of the act of February
Is, 1895, it is provided that in case Oi
any vacancy the President may appoint
a persOH to perform the duties while the
vacancy exists. These acts are followed
by that Of the 20th of February,
1863, by the first section OF which
provision is again made for the vacancy
caused by death, resignation, absence
from the seat Of government or sickness
of the head of any department, and upon
the occurrence Of sgch a vacancy power
is given 10 the President to aulhUrise the
head of any other Executive DEPARTMENT,
or other Or1icer IN either of said depaTt-
ments, whose appointment is vested in
the President, at his discretion, 60 per.
form the duties Of the Respective officer
until a successor be appointed, or such
or inability by sickness shall
cease, provided that 40 one vacancy shall
be supplied in the manner aforesaid for a
longer period than six months. This law,
win some notifications, en0ets the act
OF l797, and provides, as did that act, for
the sort OF vacancies to be filed, but, like
the act OF lTS3, it makes no provision for
5 Vacancy caused by removal. IL has ref
erence altogether TO vacancies arising
from other causes. According to my coll
struction Of the act OF 1853, while it i'm
plicitly repeals the act Of 1872 regulating
the vacancies therein described, 1t has no
bearing wnaTsxer on % much OF the act
Df 1872 ss applies to vacancy caused BY
The act of 1895, therefore, fur
lished the rule for g Vacancy occasioned
by removal One of the vacancies is ex.
yressiT referred to in the act Of the 7Jh
IF August, lsoa, cfesting the department
II War. Certainly there i5 no express
'epesl GY the act Of 1863 Of the act of 17q5.
The repeal, II there 10 any, Is by imphca-
ion, aud can only be admitted so lar as
here is clear inconsistency between
he two acts. The act Of 1895 is iucon-
istent with that of 1868 as TO a vacancy
'ccasioned bydeath, resignation, absence
'r Sickness, but net Ut sil Inconsistent as
% vacancy caused by removal il is as
uTedly proper tnat the President should
lave the same power to ill temporarily
vacancy OccasiOned by removal he has
o supply q place made vacant
y desth or the expiration of
term. II, for Instance, the
Incumbent Of an Office should be found
Unit to execute the functions, and the
public should require his immediate ex-
,ulsion, q remedy should exist and be
It ence spplied, and time be allowed
he President to select a successor, as is
permitted him in case of q vacancy
aused by death or the termination of an
'tiicial ter N; the necessity, therefore, for
IN ad interim appointment is just as
,Teat, and indeed, may be greater, in
,ase of removal than in others before it.
t was held, therefore, that the powers
,iven by the act Of l7S5, in cases of re-
nOVal, is a5rogated by succeeding legis-
alton. An express fepsa! ought to ap-
Dear. So wholesome a power should GER
ainly net be taken away by loose impli-
alton. Ii may be, heweyer, that in this,
IS ip other cases of implied repeal, doubts
nay arise, II is confessedly one of
he subtle and debatabie GGestibns which
rise in the reconstruction of States. II,
lpOn such a question, have fallen into
n erroneous construction, / submit
yhstAsr it should be characterized vio-
alton Of OiiiciEi dpty and of law. ! have
Ieemed it proper ia vindiGstiop Of the
curse which l have considered it my
Iuty to take, to place before the
senate the opinions upon which l have
iased my action, although ! have been
.dvised by every member of my Cabinet
hat the entire tenure of office act is
unconstitutional, and therefore void,
nd, although / have expressly con- |
urred in that opinion in the veto |
0 oessage which Ihad hoped TO submit to |
congress when l returned the bill for
beir consideration i have refrained from |
removal Of any officer, contrary to the !
roylsi0ns of the law, aud have only ex-
rcised that power 10 the case OF MIR. |
tanton, which, IN my Judgment, did /
Ot come within its provisions. l have
ndeavOred to proceed with circumspec-
ION, and have acted only in an extreme |
nd exceptional case, ] viii carefully |
blow the course l have marked out for /
lyse!, and q general rule faithfully to /
xecute all laws, though passed over my |
9Jection IA The present instance. have
ppealed, or sought 20 appeal, 10 that
nai arolter fixed by the Constitution for
1e determination of all such questions.
Q THIS course have been impelled by the
lemn OOligatlon which rests upon metO |
lstsin, inyiolare, the power of the high
1lce committed to my hands, Whst-
yer the consequences, II merely personal
myself, could not allow them TO pre-.
all against public duty so clear to my
En mind, anu so imperative. If what
possible had been certaih, if had been
lhy advised when / removed AR. STAN
N that, IN thus defending the trust COM
lifted to my hands, my own removal
ss sure 10 follow, public consideration
the highest enarseber would have in
leed me TO act as | have. earnestly
rolest against the resolution of the Sem
- when charges me, in what / have
Jne, with violation of The Constitution
ld laws OF the United States,
Signed ANDItEW' JOHNSON,
In a country where the nStural desire
the people is toreach the highest point
art, il isvery difficult for success to beob- |
ined without most arduOus labor. Pub
; opinion is extremely exacting and not
ways just; but often unjust and cruel
iticism has produced the most benefi-
al results the greatest improvements
I'VE been made under continued dis.
and in many successful