The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-03-03


ton denies that under these laws this power
has any existence. In other words, it af
firms that no such authority ia recognized
or given by the statutes Of The country.
What, then, ere the lava Of the United
States which deny the President the poxer
to remove that officer? know but two
laws which bear upon this question. The nrs'
in order OF time il the act Of August Z, -,
creating the department OF war, WHEEL n.i ~.
providing for secretary as It's Prine'
fcer. proceeds as follows MA 49,.
spo And be IL further enacted, I.s' s.e.o
an an he in the said department an nief o.oe
10 he appointed by the said Pl'sc.ps. onoe1,
DO employed therein ss ns in the depertinent Of
70 oe 49, -ho whenever the said principal officer
WI - ss,,oyed from Office by the President OF
ha IIn;tsd states, in any other case of vacan-
-. sh.I. during such vacancy, have the charge
nd custody ofaIi records, books, and papers APP
nertaining to the said department.
I. is clear that this act, passed by congress
many of whose members participated in the
formation of the constitution, 90 far from
DENYING the power of the President to re.
move the secretary of war, recognizes it as
existing in the executive alone, without the
concurrence of the senate or of any other
department of the government. Further
more, this act does not purport to confer the
power by legislative authority, nor IN tact
was there any other existing Legislation
| through which il was bestowed upon the ex
ecutive. The recognition of the power by.
this act is therefore complete as recogni.
| ton under the constitution itself, for there
was no other source or authority from which
it could be derived.
The other act which refers to this question
is that regulating the tenure of certain civil
Offices, passed by congress on the second
day of March, 1867. The first section OF
that act is in the following words:
That every person holding any civil office to
| which he has been appointed by and with the adj
vice and con sent Of the senate, and every person
I. who shall hereafter be appointed to any such OF
fee and shall become duly qualified TO act there
| in. is, and shall be entitled to hold such Office
| until successor shall have been in like manner
appointed and duly qualified, except as herein
otherwise provided Prorided, That the score
tales of state of the treasury, of of the navy
| and of the interior, the postmaster general, and
the attorney general shah hold offices respec-
lively for and during the term OF the Presi-
dent by whom they may have been appoint
ed, and for one month thereafter, subject 10 re
moval by and with the advice and consent OF the
| senate.
The fourth section of the same act re
! stricts the term Of Offices to the limit pre-
. That part of the first section which pre-
cedes the proviso declares that every person
holding civil office to which he has beer
or may be appointed, by and with the con
sent Of the Senate, shall hold such oihcs
until q successor shall have been IN like
manner appointed. 1t purports to take
from the Executive, during the fixed time
, established for the tenure Of the Office, the
. independent power of removal, and to re
auire for such removal the concurrent &C
ton of the President and the Senate.
The proviso that follows proceeds to fl,
: the term of Office of the seven heads OF de
partments, whose tenure never had been de
fined before, by prescribing that they "shal
hold their Offices respectively for and durinl
a the term of the President by whom they ma
have been appointed, and for one mont
; thereafter, subject to removal by and wit
!, the advice and consent of the Senate.
= Thus, as to these enumerated officers, tn
1 | prociso takes from the President the powe
of removal, except with the advice and cor
sent of the Senate. By its terms, however
before he can be deprived Of the power t
e displace them, it must appear that he him
self has appointed them. 1t ia only in the
case that they have any tenure of Office, o
: any independent right to hold during sh,
/
;, after the cessation of his official functions
y The proviso, therefore, gives no tenure {
C office to any one of these officers who ha
: been appointed by former President, b.
9 yond one month AFTER the accession of hi
| successor.
In the case of Mr.. Stanton, the only al
e pointment under which he held the Office {
r, Secretary of War was that conferred upo
= him by my immediate predecessor, with tn
advice and consent of the Senate. He ha
never held from me any appointment as tn
head of the War Department Whateve
right he had to hold the Office was derive
r, from that original appointment, and my ow
sufferance. The law was not intended
e protect such incumbent of the war d.
N partment. By taking from the President tt
~ power to remove him. This, in my judg
q. ment, is perfectly clear, and the law admit
in of no other just construction. We find,
"A all that portion of the first section whis
70 precedes the proviso, that rs to civil Office
= generally the President is deprived of Il
>. power Of removal; and it is plain that
there had been no proviso, that power won
Just as clearly have been taken from hir
ID so far as it applies to the seven heads of d
: partments. But for reasons which were r
- doubt satisfactory to congress, these primo
Oh pal officers were specially provided for, an
IS as to them the express and only requir
10 ment is, that the President who has appoin
:. ed them shall not, without the advice an
consent ofthe senate, remove them from {
e. flee. The consequence is, that as to n
D. cabinet, embracing the seven officers de
ar ignated in the first section, the net TAXI
~ from me the power, without the concurrent
. OF the senate, to remove any one of the
that have appointed;. but it does not pr
tect such OF them as | did not appoint, n,
give to them any tenure of Office beyond n
pleasure.
An examination of this act, then, shoy
that while in one part of the section provi
ION is made for officers generally, in anoth
clause there is a class of officers, desgnasx
BY their official titles, whe are excepted fro
the general terms of the law, and in refe
On ence to whom clear distinction is made
At. to the general power of removal limited
the first clause of the section. This distir
m ton is, that as to such Of these enumerat
at officers as hold under the appointment
on. the President, the power of removal C,
' aa only be exercised by him with the conse
OF the senate; while as to those who hs
tes not been appointed by him, there is no Ii
lit denial of his power to displace them.
I've would be violation of the plain meaning
Of this enactment to place Mr.. Stanton up
err the same footing as those heads of depa
ments who have been appointed by myse
'er Asto him, this law gives him no tenure