Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-24

~ rrIuifut ~ u" w *<e~' n. u =
The orders and insiruetlops Of The rress
dent aud therefore, by ioree ~
the Constitution aud laws OF VIC
United States, which devolved on IN.
President the power and duty 10 oon'ro'
the oondsct and business OF that execu,
live depyrtnent OF the Goyernment ana
Inv reason OF uS constitutional duly OF
tke President 10 take care that the laws
he faithfully executed, this respondent
aid necessarily consider and determine
said Stanton ought 20 longer TO hold sa'd
Office Of Secretary OF the Department OF
War; and this respondent by virtue OF
the bower and authority vested 10 him
as President Of the United States. by the
Constitution and laws OF the ua'seu
States, 10 give effect TO such, hisueeis'ou
and determination, aid, on the ON day o,
August A. ID. 1867, address TO the said
Stanton note, Of which the following Is
"Sia; Public considerations ola high
character cons,rain me TO say that your
resignation as Secretary Of War will be
accepted" s.,
To which note said Stanton made the
following reply; fh- =
"wAK pKrAKTxKSr. wAsnlSeIos' rs ~"
aSIR: Your note Of this day has been
received, stating that public considera-
tons Of high character eonstrain you
"a say that my resignation rs Secretary
Of War will be accepted. In reply, l
have the honor TO say that public con-
alterations Of high character, which
alone have induced me TO continue at the
head of The Department. constrain me
not 10 resign the Office OF Secretary OF
War before the next meeting OF Congress.
Respectfnlly, yours, -,
[Signedl EDWIN NJ. STANTON
The respondent, as President OF the
United States, was OF the opinion that
having regard to the necessary official
relations of the Secretary for the De-
nartment OF War to the President OF the
United States, and according to the
Consultation and laws OF the IUnited
States, and having regard to the respon.
sibility of the President for the conduct
Of said Secretary, aud having regard 70
the permanent executive authority OF
the Office which the respondent held
uuder the Constitution and laws OF the
United States, it was impossible, con-
sistently with the public interest, 70
allow said Stanton to continue to hold
said offics of Secretary Of War; and 1t
then became the official duty of the re-
spoudent, as President Of the United
States, to consider and decide what act OF
the acts should and ought lawfully be
done as President Of the United States, 70
cause said Stanton to surrender the SAID
Office. This respondent was informed
and verify believed that it was practi-
cally settled by the first Congress OF the
United States, aRd had beer so considered
and uniformly and in q great number OF
instances acted on by, Congress aud the
Presidents Of the United States, from
Washington to and including Lin.
coin, and from the FIRST Congress to the
thirty.frst Congressl that the. Constr
tuition of the United States conferred on
the President, as part Of the executive
mower. and as one OF the necessary means
and instruments of performing the ex-
ecutive duties imposed on him by the
Consultation of taking care that the
laws be faithfully executed, the power
of at any and all times removing from
office ali executive officers for causes to
be Judged OF BIZ the President alone.
This respondent has the assurance that
the Constitution required the opinion OF
zach co-principal officer ofthe Executive
Department upon the question OF execu.
tive power and duty, he'd been advised
BY each of them in relieving SAID stan :
ton, Secretary of the Department OF
War; that under the Constitution OF the
United States this power was lodged by
the Constitution in the President OF the
United States, and consequently cannot
lawfully be exercised by any except him,
and CONGRESS could not deprive him OF
the power thereof because in that
capacity he was both. enabled snl
bound to use bis best judgment
upon this question. He did in good faith,
ana With honest desires to arrive Of the
truth, come TO the conclusion and d,d
make the same kpowp 50 the honorable
Senate of the United States, by ppessSge,
dated on the I'd day of March, 1857, a
true copy whereof is hereunto attached
and marked. That the power last mem
toned was conferred and the duty OF ex-
ercising it in such cases was imposed
on the President BY the Constitution OF
the United States, and that the fresi-
dent could not be deprived of this power
or relieved of this duty, nor could the
same be. vested by law il the President
and the Senate jointly, either in part or
whole, and this has ever since remained;
and it was the opinion of this respondent
at the time when he was forced, as sfore'
said, to consider and decide whether
that act could or might be lawfully done
by this respondent az PRESIDENT Of the
United States, to cause the said Stanton to
surrender said Office; this respondent was
also then aware that the first section of
an act regulating the tenure of civil Office,
passed March 2, 1867, by constitutional
majority Of both Houses Of Congress, it
was enacted as follows; Every per-
son holding any civil Office, to which be
has been appointed BY and Eith the I'D,
vice and consent OF the Senate, aud
every person who shall hereafter be APP
pointed to such Office, shall become
duly qualified to act therein, or shall be
entitled to hold such Office until his sue
cessor shall have been in like manner
appointed and duly qualified, EXCEPT 90
herein otherwise providedi that the Seq
rotary of State; Secretary Of the Treas
ury; Secretary Of the Navy; Secretary
Of the Interior; the Postmaster General,
and the Attorney General shall hold
Office for and during the term Of the
president by whom they may have been
] appointed, and for ore nontb thereafter (;
subject to removal BY the advice and
consent of the Senate" This respond.
eRt understood and believed to be an ex.
preston Of the opinion Of Congress, by
which that act was passed, that the power
to remove the executive officers for
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