Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-01-14
THE MINORITY REPORT IN THE CASE
OF SECRETARY STANTON.

We have already published full abstract Of
the majority report Of the Military Committee
of the Senate in the case of Mr.. Edwin NJ
Stanton. The following is the minority report
Of Senator DOolittle of the same committee:
The undersigned not being able to agree in
the reasonings or in the conclusion of the ma
Jority, respectfully submits the following views
of the minority:
l. BY the Constitution of the United States
and by the uniform practice of the government
from the beginning, the President has power TO
remove at his pleasure all executive officers
without entering upon discussion, already
exhausted. OF this important question. ii Is
enough, for the present purpose, 10 say:
ii. That when the tenure of Office bill passed
the ;. nate, the opinion of decided majority
OF this body was against placing any restriction
upon the power of the President to remove
M mbers of his cabinet.
The reason for this distinction between heads
OF departments, the constitutional advisers of
the President commonly called his cabinet. and
other executive officers, is very obvious
From necessity, their relations TO HIM are
personal as well as confidential. They meet
him in council, a part of his administration.
his executive family, and no fair minded man,
L think, would deny to the President the right
TO remove the head of a department. when
those relations of confidence and intimacy are
interrupted. When this subject was under
discussion, several Senators expressed the same
idea in the strongest terms. In fact. the Senate,
Tor long time, insisted upon leaving the power
of the President to remove his Cabinet officers
absolute and unrestricted. The House would
not agree to that. and the subject went tn a
committee Of conference.
Mr.. Williams. of Oregon, one OF the con-
ferees who agreed to the report on the part of
the Senate, said, February ls, 1867
IL Will add that have from the beginning of
this controversy regarded this a q ute an i'm.
material matter, Notwithstanding the fact that
the two houses have been very tenacious in the
respective positions they have taken. for have
no doubt that any Cabinet Minister who has a
particle Of self-respect (and We can hardly sup-
pose that any man would occupy SO responsible
an Office without having thai feeIing) would
decline to remain in the Cabinet after the Pres
idenf had slgnified to him that his presence
a. no longer needed. As matter of course,
the effect OF this provision will amount to very
little, one way or the other, for pres ume that
whenever the President sees proper to rid him
self of an offensive or disagreeable Cabinet
Minister he will only have to signify that de-
SIRE and the minister will retire and a new ap-
pointment be made
Mr.. Howard said:
IL have no doubt that the practical interpre.
tation OF the bill will be such as the honorable
Senator from Oregon has suggested and shall
vote for this amendment with a great deal
OF pleasure, and hope the Senate will concur
in it's
MIR. Sherman, the other conferred, said:
81 agreed to the report of the conference
committee with good deal of reluctance. The
Senate had by two deliberate votes declared its
purpose not to make the duration of the cab.
met officers fixed by any time, but that they
should hold their Offices at the pleasure of the
Il
the CREATION of their offices. But the general
purpose of this bill is So very important il es-
tablishes salutary a reform, that thoughtit
ought not to be endangered by dispute ON a
collateral question.
THE House conferees and the House by two
votes were very tenacious upon the subject,
and there seemed to be probability that the
bill would be lost upon question that was
collateral and unimportant / take il that no
can arise, or is likely to arise, where a
cabinet minister will attempt TO hold on to his
Office alter his chief desires his removal. /
can scarcely conceive a case. i think that no
gentleman, no man with any sense of honor,
would hold a position a cabinet officer after
his chief desired his removal, and therefore
the slightest intimation on the part of the
President would always secure the resignation
of a cabinet officer. For this reason, do not
wish TO leopard the bill by an unimportant and
Again, in the same debate, Mr.. sherman
said:
.And if supposed that either OF these gen.
tlemen" (referring to the Cabinet of Mr.. John.
sony "was SO wanting in manhood, in honor
as to hold his place after the poliest intimation
by the President of the United States that his
services were no longer needed. certainly, as
q Senator, would consent to his removal at any
ime, and SO would we ALL
These We're the arguments addressed to this
body by the two members of the Conference
Committee whs yielded on the part Of the
~ nate; and by such arguments alone the
Senate was induced TO give up Its own opinion
upon tits subject.
men, cabinet officer becomes incapable of
discbarging properly the duties Of his once
when a want Of confidence exists between him
and his superior-when their amicable rela-
tons are interrupted-and the oficer can NO
longer, as an honorable man, sit in the conf
Dental councils of the Executive against his
expires STD wish. Ea
To illustrate how the public interest NAV
suffer by an interruption Of that confidential
rplatit n which the Constitution and the nec,le
sity Of the case require. viii call attensionto