The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-25

Gen. Logan.
WASHINGTON, Feb. 24.-The Presi-
dent, to-day, nominated to the Senate
Thos Ewing, Esq, of Ohio, for Sec
retary of War, vice NJ. Stanton re-
moved. He also sent to the Senate
an Executive communication, In re-
ply to the resolution recently passed
| by that body, arguing and insisting
that he not only had the right, under
the Constitution aud Tenure-of- Office
bBill, to remove Stanton, but also to
appoint Secretary Of War dd interim.
Everything is quiet at the War De-
partment this morning. Mr.. Stanton
remained there all night accompanied
by his friends. Gen. Thomas made
his appearance at the Department at
ii o clock this morning, and immedi-
ately Informed Stanton that he was
directed by the President to assume
charge of the War Department, and
made formal demand for the mails
and other property pertaining to the
office.
Stanton refused compliance, and
ordered him to his duties as Adjutant
General of the Army, which order in
turn was refused, and shortly after
wards General Thomas left the De-
partment and went to the Presidents
house, where he had a short inter
view with johnson.
Postmaster General Randall and
Secretary Welles were with the Pres
ident this morning. Senator Dixon
also had an interview with J0huson.
WASHINGTON, February 24.-The
Impeachment Committee report that
the impeaching of the President pass
ed the House by a strict party vote.
WASHINGTON, February 24-The
President to-day sent to the Senate
the following message, which was
read IN secret session, laid on the.
table and ordered printed. The Sen
ate removed from It the Injunction of
secresy;s e rscs os hs.rEfz4 aa l
To The senate of the United states.i - -faa
have received a copy of a Pes0ei
luton adopted by the Senate on the
2lst inst, as follows: Whereas
The Senate have received and consid-
cred communication of the Presi-
dent, stating that he had removed
Edwin M. Stanton, Secretary of War,
and had designated the Adjutant
General of the Army to act as Secre-
tary OF War dd interjDa; thefefore,
resolved, by the Senate Of the United
States, that, under the Constitution
and laws of the Urited States, the
President has no power to remove
the Secretary of War and designate
any other officer to perform the duties
Of that Office ad interim
This resolution Is confined to the
power of the President to re-
move the Secretary of War and
to designate another officer to
perform the duties of the Office, al
interim, and by its preamble is made
Mr.. Stanton, and the designation to
act, ad interim, of the AdjGtant Cen
eral of the Army. Without, there
fore, attempting to discuss the gem
eral power OF removal as to all officers,
upon which subject no expression of
opinion is contained In the resolution,
/ shall contine myself to the question
as thus limlted-the power to remove
the Secretary Of War. 1t is declared /
IN the resolution that under the Cen
stItution and laws of the United
States the President has no power to
remove the Secretary of War. aud 4
designate any other officer to 1
perform the duties of that office al
interim. As to the question Of power /
under the Constitution, do not 7
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 /
decisions OF the Supreme Court of the /
United States have settled questions 1
in favor of the power of the President /
to remove all officers, excepting a
class holding appointments of a
judicial character. No practice /
or any decision has ever +
excepted Secretary of War /
from the general power Of the Presi- /
dent to make removals from office. 1t /
is only necessary, then, that | should T.
refer to the power of the Executive /
under the laws of the United States, /
to remove from Office a Secretary of /
War. The resolution denies that un
der these laws this power has any ex-
istence. In other words, it afhrms
that no such authority is recognized |
or given by the statutes of the coun-
try. What, then, are. the laws of the
United States which deny the Presi-
dent power to remove that officer? l
know but two laws which bear upon
this question. First in order of time
is the act of August 7th,
1889, creating the Department of War,
which after providing for the Secretary
as its principal officer, proceeds as fol-
lows: