Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-03-04
A MESSAGE FROM THE PRESIDENT.
HIS Defense OF stantoB's Removal.
The Law ExpOuuded.

10 tEt ct7t0tC q 10 lliit4 states
have received copy OF tho resolution adopted
- TIE Ssnste on tie 2lst inst Is fellows
WHEREAS, The Senate has received and Gossid-
eEs3 tbs communication o. the President, Stating
that be hsd removed Edwin -. Stanton az Sscre-
tary Of War, and has dosiga4ted the Adjutant Cen
ssal Of the Army 70 &C. - Secretary Of War al
iissTiTs I; therefore,
Rosolvs9 b. ~ Ss.sss Of he U,sissd States That
under TIE Constitution and Laws Of the United
SiAtss, the President has no power 70 remove the
Secretary Of War and designate any other ohcsr %
perform the duties Of that 0fbce oa Interim.
This resolution IS confined q tie power Of the
President q remove tie Secretary q War and %
designate another officer % perform the duties Of
the once "a ;atsri7f, ard By IL preamble Is made
expressly Applicable b The removal Of Mr. Stanton
AID The designation 70 az al ittsrtni, u the Adu
iant General OF the Army. Without therefore, At
turar8ing 10 discuss The general power Of removal
a. u All o cers upon which subject no expression
OF opinIon IL contained IN the resolution I shall
con6ne myself 10 The question as tbus liniitod-the
mower 70 remove the Secretary Of War Il Is de-
clsro1 IL the resolution that under the Constitution
and laws Of the United States, Che President has no
power 70 remove the Secretary Of War and dese-
nate any o.her officer 70 perform the duties Of that
ofaoe q 51ts-i1i As 20 the question Of power IN.
der tbs Constitution, DO not propose a. present 20
enter upon It's discussion. The uniform practice
from the beginning Of tia Government as estab-
ished BY every President who has exercised the Of
Zoe, and the decisions OF the Supreme Court Of the
United States have SETTLED the question IA favor Of
the power Of the President 20 remove all officers ex
Cspiing class holding appointments Of 8 judicial
Character. No practice, nor any decision hss ever
excepted Secretary Of War from this general DOW.
or Il the President 70 make removals from ONCE
Il is only necessary then that should refer 70 the
p7wer Of the President under tbs laws Of the Uni.
tsd States, 70 remove from oEce Secretary Of War
The resolution denies that under these laws this
power bas any existence. In other words Il Afirms
thss such authority is recognized or given blythe
of The country. What then the ia VS. Of
ths United States which deny the President The
power 20 remove that Officer know but two laws
which bear upon this question. The 6rst in order
Of time "a the act Of August :, l7s5, creating The
Department Of War, which, after providing for
Secretary, its municipal oEccF, proceeds as fol
lows
SIC z. Ard Be Il fsrkhsz sszciss, That shsreshsll
be in the said Department inferior oE8esr 20 be
appointed BY the said principal ofheer 70 be en-
ployed therein as he shall deem proper, and 10 be
called chief clerk IN the Department Of War, and
who, Whenever .hs eaid principal officer shall be re-
moved from ofacs by the President Of the United
Stses, any other osss Of vacancy, shall, during
such ya1ncy, have Tie charge and custody Of all
recordf books and papert hppertsining to said De-
rartment
It Is clear that this act, passed By Congress
many OF whose members participated IL the forma-
ton Of the Constitution, 30 far from denying tie
power Of the President 70 remove the Secretary
aoDe without the concurrence Of the Senate or any
other Department Of the Government; furthermore,
th act does not purport 70 confer the power by leg
islatve authority.
The President then quotes the provisions 81 the
Rennre-n4oflec law, and saws that Il fixes The time
~ Office Of the several heads OF the departments
where tenure never had been defined before by pre-
scribng that they shall hold their Office respectively
lor and during the term Of the President by whom
hey may have been appointed, and for ono month
~.
vice and consent Of The Senate thus, as 70 these
enumerated officers depriving the President Of the
power Of removal, except with the advice and con
sent Of the Senate by its terms. However before
be can be deprived Of the power 70 displace them
Z must Rppear that he himself has appointed them
e Is only n that case they have any tenure Of Office
airy Independent right 10 hold during the term Of
The President and one month after the cessation of
hls Official functions. The prOviSo therefore gives
no tenure-of Office 70 any one Of these officers who
has been appointed by the President beyond one
month after the accession Of ais successor. In the
case Of Mr.. Stanton, the only appointment under
which be held the Office OF Secretary Of War was
that conferred upon him BY my Immediate pTede-
cassoT, with the advice and consent OF the Senate
He has never held from me any appointment as the
bead Of the War Department Whstever right ha
bad 20 bold the oftcS Wa derived from that orgi-
nal appointment ard my own influence The isw
was not intended o protect such Al incumbent Of
the WaT Department By taxing from tie President
Tie power ~ ret1oNo nilns Anf IN my lNd6Aeub Is
perfectly clear and the law sef admit Of no other
construction.
The members Of my Cabinet who have been ep-
pointed By me are BY this act entitled 70 hold enc
month after the term Of my ofHoe shall cease bat
NJ. Stanton could Dol AgRinst the wishos Of my
snooesser, hold q moment thereafter II he were
ptrmsd BY that successor 70 hold for the first two
weeks would that successor have no power 70 re-
move him Bot The power Of my successor over
him would be no grester than 10y cwn. II my sue
osssor would have the power % remove Mr.. stanton
altar permitting him 10 remain over two weeks, be-
cause be as not appointed BY him, but by HE pre-
dscessor /, who have tolerated Mr.. Stanton for
more than two yearE certainly have the same right
10 remove him, and upon The same grounds namely
that be was not appointed BY me- out BY my pre-
dsc1ssor was aware however, that there were
doubts a. TO she construction Of the law and from
The artt deemed II desirable that AZ the earliest pos
sible moment these doubts should be settled and the
true construction Of the act h=sd BY the decision OF
the 9dprenas Court Of the United States. Ny order
Of suspension Ia August last Intended % place
ths case in such position ss would make q resort
10 = iudioial desision both necessary and proper
Nv understanding aud wishes, however under that
order Of Suppression were frustrated. and the late
order for Mr. StRnton's removal vas further step
tswsr5 The accomplishment Of that parpoas. re-
peat that my own conviction - 70 tha true oonstrue-
tion Of the law and NJ the oonstituonnlity were
vsll sestled and we're sustained BY every Der
81 my Cabinsi, inelading Mr. stantoz himself
IN resnect % 90 much Of The resolution a. relstes
"a the eppointrnont Of az c5ey % act &c Secretary
Of War al iassriza, have only to say have eEer-
cised this power under the proTisioas OF the hrst
ssrtion Of the act Of February 10, 1875 which so
far as they Ere Appioable 70 hlng vacancies caused
bv renewals understand 10 be SIN N force Ihs
legislation for the subject Of Cd sHisrsri nfPoht-
snsnts IL the Executive Department stands 90 70
War Ofhce Is follows The action Of the act Of the
sth Of August 1859, made provisions FOR vacancy
in the ven case Of removal o. the head OF the
War Department, and upon such vacancy gives I
tAe charge and custody Of the records books and /
papers 20 the Chief CLERK Next, BY the act o. tbe
eth Of Nay l7es, sesiion s, Il Is provided that in
case Of Vacancy oocSsioned oy death, absence nom
Sic osat Of Government or sickacss Of the head 81
the War Department tbs President Hisy authorize
person 70 perform The duties Of the Office until
successor Is appointed OF the disability removed
The act It viii DC observed doss rot provide for /
the esue Of = vacancy caused BY removal Then,
BY the 6rst section Of the set of February u ttse,
Il provided that in csse OF any vacancy the tre-
sident may appoint person % perform the duties
while the va mEey exists. These scss are followed
hy that of the Ooh of February, 1888 b the INT
section Of which provision Is again uisde Tor VS.
ctncy caused by death. resignation, absence iroHi
the sea- Of Government or sickness Of the hesa @
any Executive Department and upon the occur
renee Of such vacsnoy, power given 70 the ire
siaeni 10 authorize thu head Of any ether Exeef'
Department o. o.her officer in either 81 - I've 4
nsnS, whose appointments are " .Ad depart 1
centi AZ as discretion, - .slod in the fresi- /
said respective Or ,o-fo-ns he duties Of the /
-oes until successor De apPolhl,.'.ss5I
IA sbssncs OF inability By sckne.s sue'
-; provided that no oEs vacancy shall @ ~,
riied IL The manner aforesaid for longer PERI
than ak months. This act with some moolneA
sons rs-enActs the act Of 1884, provides g oa las
act Sor tbe BortB Of vRcazciOs 20 Be hhed ous the
srt Of 1872 makes no provisions Tor vacancy o.
cntioned BY rencovslit has reference altogc.se y
,Sssanciss arising from olher causes According 2
- contraction 81 the act 81 1855, while i impho-