The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1868-03-27

( the Executive Departments of the
being the true intent OF
he 2d section of the I'd article Of the
of the United States, ac- /
;ording to Tie true intent and mean
NC of That provision OF the Constitu-
ion oi the United States, and in ac-
,ordancc with the settled and uniform
practice of each and every President
Of the United States; the said Stan
ton then became, and so long as he
should continue to hold the office of
the Department of War, must contin
ue to be one of the Cabinet of the
President of the United States, as
we'll as the person intrusted to act
for and represent the President IN
matters enjoined upon him or intrust-
ed to him by the President touching
the Department aforesaid, and for
whose conduct in such capacity Sub
ordinate to the President), the Pres
tdent is, according to the Constitu-
ton and laws of the United States,
made responsible.
And this respondent further an
swering, says he succeeded to the OIL
fee of President of the United States
by reason of the death of Abraham
Lincoln, then President of the Unit
ed States, on the 18th day of April,
1865, and said Edwin NJ. Stanton was
then holding the said Office OF Secre-
tary for the Department of War, un
der and by reason of the appoint.
ment and commission aforesaid, and
/ not having been removed from said
office by this respondent, the saio
Edwin NJ. Stanton continued to hold
the same under the appointment, and
commission aforesaid, at the pleasure
of the President, until the time here
matter particularly mentioned, and
at no time received any appointment
on the commission as above detailed.
And this respondent further an
swers that on and prior to the 9th
day of August, A. d. 1867, this re
spondent, the President of the United
States, responsible for the conduct
of the Secretary for the Department
of War, and having the constitution
al right to resort and rely upon the
person holding that office for advice
concerning the great public duties
enjoined on the President by the Con
Istitution and laws of the United
States, became satisfied that he could
not allow said Stanton to hold the
office of Secretary for the Depart
ment of War, without hazard of the
public interest; that the relations be-
tween said Stanton and the Presi-
dent no longer permitted the Presi-
dent to resort to him for advice, or
be, in the judgment of the President,
safely responsible for the conduct OF
the Department of War, as by law
required, in accordance with the or
ders and instructions of the Presi-
dent. Thereupon, by force of the
Constitution and laws of the United
States, which deyolve in the Presi-
dent the power and duty to control
the conduct of the business of that
executive department of the Govern
ment, and by reason of the Constitu-
tional duty of the President to take
care that the laws be faithfully exc
outed, this respondent did necessari-
ly consider and determine that the
said Stanton ought no longer to hold
the said office of Secretary for the
Department of War, and this respon-
dent, by virtue of the power and au-
thority vested in him as President of
the United States by the Constitution
and laws of the United States, to
give effect to such, his decision and
determination, did, on the 5th day of
August, A. ID. 1867, address the said
Stanton a note, of which the follow
ing is a true copy:
"SIR: Public considerations OF
high character constrain me to say
that your re .gnation as Secretary OF
War, will be accepted"
To which note said Stanton made
the following reply:
"WAR DEPARTMENT,
WASHINGTON, Aug. 5, 1867.
SIR: Your note of this day has
been received, stating that public
considerations of high character
constrain you to say that my resig
nation as Secretary of War will be
accepted. In reply, have the hon
or to say that public considerations
of high character, which alone have
induced me to continue at the head
of this Department, constrain me not
to resign the office of Secretary OF
War before the next meeting OF Con-
gress.
"Very respectfully, yours,
SEDwIN NJ. STANTON"
This respondent, as President of
the United States. was of opinion
that, having regard to the necessary
official relations and duties of the
Secretary of the Department of War,
to the President of the United States,
according to the Constitution and
laws of the United States, and hav-
ing regard to the responsibility Of
the President for the conduct of the
said Secretary, and having regard to
The paramount executive authority of
she Office which the respondent holds
lnder the Constitution and laws of
,he United States, it was impossible,
consistently with the public interest,
20 allow the said Stanton to continue
% hold said Office of Secretary of the
of War, and it then be-
,ame the official duty of the respond
mt, as President of the United States,
% consider and decide what act or
lcts should and might lawfully be
lone by him as President of the
United States to cause the said Stan
on to surrender the said office
This respondent was informed and
'erily believes that it WIS practically
ettled by the First Congress of the
United States, and had been so con-
idared and uniformly, and great
lumber of instances acted on hy
Congress and the Presidents of the
United States, in succession from
resident Washington 10. and inclu-
ing, President Lincoln, and from the
first to the Thirty Ninth Congress:
hat the Constitution of the United
tates conferred on the President as
art of the Executive power and as
nc OF the necessary means aud in
truments OF performing Executive
uty expressly imposed on him by