The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1868-03-06


not, it was always my opinion that it
did not secure him from removal. !
was, however, aware that there were
doubts as to the construction Of the
law, and from the first | deemed it
desirable that at the earliest possible
moment those doubts should be esettled,
and the trne construction Of the act
fixed by the decision Of the Supreme
Court Of the United States. My order
of suspension, in August last, was in
tended TO place the case in such pO-
sition as would make a resort to a ju-
dicial decision both necessary and
proper. My understanding and wish
es, however, under that order of sus-
pension, were frustrated, and the last
order for Mr.. StantOn's removal was q
further step towards the accomplish
ment of that purpose.
repeat that my own convictions as
to the true construction Of the law,
and as to its cOnstiutionality, were
well settled and were sustained by ev-
cry member of my cabinet, including
Mr.. Stanton himself. Upon tbs ques-
tiOn of constitutionality each one in
turn deliberately advised me that the
tenure-of-office act was uncOnstitutiOn-
al. Upon the question whether, as to
those members who were appointed
by my predecessor, that act took from
me the power to remove them, one Of
those members emphaticalIy stated in
the presence of the others sitting in
cabinet, thet they did not come with
in the provisions Of the act, and it was
no protection to them ; no one dissented
from this construction, and / un-
derstood them all to acquiesce in its
correctness.
In matter ofsuch grave consequence
| was not disposed to rest upon my
own opinions though fortified by my
! constitutional advisers. | have there
fore sought to bring the question at
as early day as possible before the
Supreme Court of the United States for
final and authoritative decision. In
respect TO so much Of the resolution as
relates to the designation Of an officer
to act as Secretary of War od interim, !
have only t say that | have exercised
this power under the provisions of the
first section of the act of February 13,
1895, which, SO far as they are applica-
BILE to vacancies caused by removals, l
understand to be still in force. The
legislation upon the subject of al inter
i'm appointments in the executive de-
partments stands as to the War Office
as follows:
The second section Of the act Of the
7th of August, 1889, makes provision
| for vacancy in the very case of re-
moval of the head of the War Depart
ment, and upon such vacancy gives
the charge and custody of the records,
books and papers to the chief clerk
Next, by the act of the 9Th of May,
| 1892, section 8, it is provided that in
case of vacancy occasiOned by death,
absence from the seat Of government,
! or sickness of the head the War De-
partment, the President may author
ize a person to perform the duties of
the office until a successor is appointed
or the disability removed.
The act, il will he observed, does not
provide for the case Of vacancy
caused by the removal. Then by the
first section of the act of February 18th,
1895, it Is provided that in the case of
any vacancy the president may appoint
a person to perform the duties while
the vacancy exists. These acts are
followed by that of the Goth February,
1868, by the first section of which pro-
vision is again made for vacancy
caused by death, resignation, absence
| from the seat government, or sickness
OF the head Of any executive depart
! ment of the government and upon the
! occurrence of such vacancy, power
is given to the President to authorize
the head of any other executive depart
ment, or other officer in either Of said
| departments whose appointment Is
vested in the President, at his discre-
ton, to perform the duties of the said
respective offices until successor be
appointed, or until such absence of ina
| bility by sickness shall cease provided
| that no one vacancy shall be supplied
in the manner aforesaid fora longer term
than six months,
This law, with some notifications,
re-enacts the acts OF 1892, and provides
| ~ did that act, for the sort of vacan-
cieS SO to be filled, but, like the act of
1892, it tmake5 no provision for vacan-
cy occasioned by removal. 1t has re-
ference altogether to vacancies arising
from other causes. According to my
construction of the act of 1863, while it
implicitly repeals the act of 1892, regu-
lating the vacancies therein described,
it has no bearing whatever upon SO
much of the act of 1895, as applies to q
vacancy caused by the removal. The
act of 1885, therefore, furnishes the rule
for a vacancy accustomed by reno
val-one of the vacancies express
ly referred To in the act Of the 9TH of
August, 1889, creating the department
Of war.
Certainly there is no express repeal
by the act of 1863 of the act of 1895.