The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-03-28


possible. consistently with the public interest," to
allow the said Stanton to continue TO hold ID .
Office Of secretary for the department Of war, and
it then became the official duty Of the respondent.
- president Of the United States. to consider and
decide what act or acts should and might Law.
fully be done by him, as president Of
the United States, to cause the said
stanton TO surrender the said Office. This
respondent was informed, and verify be-
leyes that il was practically settled BY the First
considered, and uniformly. and in great nlmbeF
of Instances, acted on BY Congress and the presi-
dents Of the United States IN succession, n I'm
President Washington to, and including. President
Lincoln, and from the First Congress TO the Thirty
NTH Congress. that the Constitution OF the
United States conferred on the president, as part
Of the executive power and as one OF the neces.
ssry means and Instruments of performing the
executive duties expressly imposed on him by the
Constitution, Of taking care that the laws be
faithfully executed, the power. at any and all
times, Of removing from Office all executive Off
GERS, for cause, TO be judged Of by the president
alone. This respondent having this assurance OF
the Constitution, required the opinion OF each
principal otacer OF the executive department upon
the question OF executive power and duty, and
had been advised by each of them, including said
Stanton, secretary for the department Of war,
that under the Constitution Of the United States
this power was lodged by the Constitution, ia she
president Of the United States aud consequently
gress could not deprive him thereof.
And this respondent, in his capacity Of presi-
dent Ct the United States and because in that
capacity be was both enabled aud bound to use
his best judgment upon this question did, 10 good
faith and with an honest desire 10 arrive at the
truth, come TO the conclusion. and did make the
same known to the honorable Senate OF the
United States, by q message dated on the Sd day
OF March, 1861. true copy whereof Is hereunto
annexed and marked a. that the power last
mentioned was conferred and the duty of exer-
cispg in certain cases was imposed on the presi
dent by the Constitution Of the United States aud
that the president could not be deprived Of this
power. nor relieved of this duty nor could the
same be vested BY law in the president and the
Senate jointly, either in part or in whole and
this has ever since remained. and was the opinion
Of this respondent at the time when he was forced
as aforesaid. to consider and decide what acts
should and might be lawfully done by this re-
spondent, as president of the United States, to
cause the said Stanton to surrender said office.
The respondent was also then aware that in the
first section of an act regulating the tenure of
civil Office, passed March 2, 1867, by constitu-
tional majority of both Houses OF Congress- il was
enacted as follows: That every person holding
any civil Office, to which he has been appointed
by and with the advice and consent of the Senate,
and every person who shall hereafter be appointed
70 such Office, and shall become duly qualified 10
act therein, is and shall be entitled to hold such
ONCE until q successor shall have been in like
manner appointed and duly qualified. except it is
herein otherwise provided; provided that the
secretaries Of state, Of the treasury, Of war, of
the navy and Of the inferior, the postmaster
general aud the attorney general shall hold Office
for and during the term Of the president BY whom
they may have been appointed and for one month
thereafter, subject to removal by the advice and
consent of the Senate"
This respondent understood was intended 70 be
an expression of the opinion of Congress, By
which that act was passed. that The power to re-
move the executive officers for cause might, by
law, be taken from the president and vested in
him and the Senate jointly; and although this
respondent had arrived az, and still retained the
opinion above expressed, and verify believed, as
he still believes that the first section Of the last
mentioned act was, and is 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 majority in
each Of the two Houses Of that Congress, this
respondent considered it TO be proper to examine
and decide whether the particular case Of the said
stanton, on which II was this respondents duty TO
act, was within or without the terms Of that first
section OF the act; or, If within il. whether the
president had not the power, according to its
terms, TO remove the said Stanton from the Office
Of secretary for the department of war; and hav.
ing, in his capacity Of president Of tbs United
States, examined and considered, did form the
opinion that the case Of the said Stanton aud his
tenure Of Office were not affected by the first Sec
ton Of the last named act.
And this respondent. further answering, saws.
although case thus existing, which, in his iudg-
ment IS president of the United States called for
The exercise Of the executive power TO remove
stanton from the Office Of secretary for the de-
partment of war; and. although this respondent
was OF the opinion as above shown, that under
he Constitution Of the United States the power
70 remove said Stanton from said Office was vested
a the president OF the United States; and al
houeh this respondent was also of the opinion.
IS above shown that the case of said Stanton was
Tot affected BY the first section Of the last named
lct and although each of said opinions had been
ormed by this respondent upon an actual case.
equiring him, in his capacity Of president of the
United States, TO come to some judgment and de-
ermination thereon. yet this respondent as presi-
lent OF the United States, desired and determined
tructlon and effect Of said first section of the last
amed act, and also that the broader question Of |
be exec 1Ise power conferred on the president |
4 the United States BIZ the Constitution of the |
lDi,ed States to remove one OF the principal Off
ers Of the executive departments for cause seem
ng to him sufficient; and this respond cnt aso deter
nlned that if from cause over which he could |
xert no control, 1t shoald become absolutely |
ecessary tc raise and have settled, in some way |
ither or both Of the last named questions, it was
. accordance with the Constitution Of the United /
fates, and the duty required of the presiden. |
hereby, that questions Of so much gravity and
Importance, In which the legislative aud execu.
we departments OF the government had disa-
reeo, winch involved powers considered by all |
ranches of the government during its entire his
Dry down to the year 1867, TO have been confded
y the Constitution of the United States to the
resident, and to be necessary for the complete
nd proper execRtion Of his duties, should be ia
ome proper way submitted 10 that department Of
Re government intrusted by the Constitution with
Re power. and subjected by it to the duty not
nly Of determining. finally, the construction aud
1ect Of all acts Of Congress. but by Comparing
em with the Constitution Of the United States. |
I'd pronOuncing them imperative when found in
onhict with that fundamental Law, which the
eople have enacted for the government Of all
eir servants and to these ends:
i. That through the action Of the Senate of the |
ni'ed States, the absolute duty of the president
substitute some 81 person in place Of said Stan
~, as one OF bis advisers. and as principal
Ibordinate officer, whose Official conduct he was
sponsible for, and bad the lawful right to con-
Bf sssP RHbbd t EhQ n 1hs s nssGsssy
MY are, should be judiciaIly determined hi tha
amer Aforesaid. And for no other end or mr..
se tins respondent, as president of the UuTtea
ates on the 18th day of August. ls67. seven
Us aiter the reception Of the letter of aid stan
D. herenhefore stated, did issue to said stanton
E order following, viz : '''''u
..rrI n | :