Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-02-25
Presidents Message.

WASHINGTON, February 2l-The Pres
ident TO day sent to the Senate the fol-
lowing message. which was read in secret
session. laid on the table and ordered 10
be printed. The Senate then removed
from Il the injunction Of secresy.
To tho Senate OF the United States:
have received copy Of the rcsolu'
ton adopted by the Senate, on the 2lsi
inst, as follows:
WHEREAS, We have read and consid-
cred the communication of the President,
stating that he had removed Il. NJ. Stan
ton, Secretary of War, and has desig-
mated the Adjutant General of the Army
to act as Secretary of War adj interim
therefore,
Resolped 5y The Senate of the United
States, That under the Constitution and
laws OF the United States the President
has no power 10 remove the Secretary OF
War and designate any other officer TO
perform the duties Of that Office ad in
terim.
This resolution, as confined to the
power of The President to remove the
Secretary of War and designate another
officer o.perform the duties of the Office
ad interim, by its preamble is made ex-
prassly applicable to the removal OF Mr..
Stanton and the designation TO act ad
interim of the Adjutant General of the
Army. Without, therefore, attempting
to discuss the general powers of re-
moval to all officers upon which the
subject refers, no expression of opinion is
contained in the resolution. shall con-
| fine myself to the question as to this
limited power to remove the Secretary Of
| War. It is declared in the resolution
that under the Constitution and laws Of
the United States, the President has not
the power to remove the Secretary Of
War and designate any other officer to
perform the duties of that Office ad in
terim. As to the question of power
under the Constitution, / do not
propose at present to enter upon
its discussion. The uniform practice
from the beginning of the govern
ment, as established by every Presi-
dent who has exercised the Office and
the decisions of the Supreme Court OF
the United States have settled the ques-
ton in favor of the power of the Presi-
dent to remove all officers, except
ing class holding appointments of
judicial character. No practice or
any decision has ever excepted
Secretary of War from this general
power Of the President to make removals
from office. 1t is only necessary, then,
that should refer to the power of the
Executive, under the laws of the United
States, to remove from Office Secretary
of War. The resolution denies that under
these laws the power has any existence.
1t now affirms that no such authority is
recognized or given by the statutes of the
country. What, then, are the laws of the
United States, which deny the President
the power to remove that officer. l know
of but two laws which bear upon the
question. The first, in order of time, is
the act of August 7, 1885, creating the
Department of War, which after provid-
ing for Secretary as its principal off.
Ger, proceeds as follows:
SECTION 3. And be it further enacted,
That there shall be in the said Depart
ment an inferior officer, to be appointed
by the said principal officer, to be en-
ployed therein as he shall deem proper,
to be called the Chief Clerk in the
Department of War, and who, whenever
the said principal officer shall be re-
moved from office by the President of
the United States, or in any other case
of vacancy, shall, during such vacancy,
have the charge and custody OF all
records, books and papers appertaining
to the said Department.
1t is clear that the act passed by Con-
gress, many of whose members partici-
pated in the formation of the Constitu-
ton, so far from denying the power of
the President to remove the Secretary of
War, recognize it as existing in the Ex-
ecutive alone, without the concurrence
of the Senate or Of any other depart.
ment Of the government. Fur
thermore, the act does not pur-
port to confer the power by
legislative authority, nor, in fact, was
there any other existing legislation
through which it was bestowed upon the
Executive. This act is therefore complete
as recognition under the Constitution
itself, for there is no other source or au-
thority from which it could be derived.
The other act, which refers TO this
question, and that regulating the
tenure Of certain civil officers, passed on
the I'd day Of March, 1861. The FIRST sec
ton Of that act is in the following words !:
THAT every person holding any civil
Office to which be has been appointed by
and with the advice and consent Of
the Senate, and any person who
shall hereafter be appointed TO any Office,
aud shall become duly qualified to act
herein, and shall be entitled to hold Office
until a successor shall have been, in like
manner, appointed or duly qualified, ex.
cept as herein otherwise provided.
Prsuided, That the Secretaries Of State,
Of the Treasury, Of War, Of the Navy,
Of the Interior, the Postmaster General,
and the Attorney General shall hold
their Offices respectively for and during
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