Year: 1868

WITHIN tne words which distinguished
and separated Heads of Departments
from other civil officers of the Govern.
ment, but not efiectually brought with.
i'll the new tenure rule. For purposes
of classification all Heads of Depart
ments were named in the proviso, and
excluded from the body of the section,
but the tenure of those Secretaries was
not in fact changed, but was left as be-
fore.


No one can doubt the complete appli.
cation of the Tenure-of- Office act to all
Heads of Departments appointed by fu-
ture Presidents. They will all hold
during the term of the President who
shall appoint them and for one month
thereafter-there will be no exceptions.
If a President shall be chosen for Sec
ond term the members of his cabinet
must be reappointed if they are to hold
for more than one month i'm his new
term. But suppose President shall
die, resign, or be removed from office,
before his term shall run out? Will his
Cabinet be fastened upon his. successor
for one month only or for the remain
der of the full term? Villa Secretary
appointed March 1863 be entitled to
hold for fixed and indefcasible term
OF four years and one month, or may he
lose his place sooner by the death, res
ignation or removal of the President
who appoints him? Now this is, in
one view, an important inquiry in fix
ing the construction OF the Tenure of
Office act in its application to the case
befor" us. For if it shall appear that
upon the death, resignation or removal
of future President his Cabinet will
go out at the end of one month, there is
no ground left for the argument that
Mr.. Stanton now holds his Office under
the law. He can claim to hold it only
upon the ground of the non. expiration
of Mr.. Lincoln's second term. If that
term expired with Mr.. Lincoln's | ife
he has no standing whatever in any
forum of honest debate.


In my opinion, in case of the death
resignation or removal of future Pres
ident his Cabinet will go out of Office at
the end of one month. A President
takes four year term subject to the
implied condition that he shall live so
long and shall not resign or be remov-
ed upon impeachment. His term ends
when for any cause he vacates or Is re-
moved from his Office and can no longer
perform its duties. The term of the
Emperor Charles V. ended when he
resigned his crown; that of James III .
when parliament declared he had abdi-
Gated the throne by withdrawing him
self from the realm. In the ordinary
case of an officer of the L. S. who holds
fora term of years, if he die, resign OF
be removed from Office pending his
term, the term ends, and his successor
takes new, full term. But it may be
said that our present case is Il peculiar
one because Vice President is provi-
ded to fill out the term of resident
who dies, resigns or is removed. The
Constitution does not say that. 1t says
that in case OF the death, &c., of the
President the duties OF the Presidential
Office shall devolve upon the Vice Pres
ident. If it be case of temporary dis
ability of the President the Vice Prcsi-
dent will perform the duties of the Of
flee until the disability shall be remov-
ed. lfit be a case of vacancy in the
Presidential Office the Vice President
will perform the duties ofthc Office dr.
ing the time or term for Which he Was
| elected Vice President. lie becomes
President in fact, not for the term Of
another but for his own.


The Constitution provides that when
there is no President or Vice President
to discharge the duties of the Prcs-
dental office, such duties shall be dis
charged by some other officer to be des-
igaated by law, until new President
shall be chosen. But under an existing
law, (act Of March |, 1922 such choice
Of new President may possibly be
made by Electors, two or three years
before the running out of the former
Presidents term, and yet the new Presi-
dent will be chosen and will hold fora full
four year term. The old and the new
terms will NOT overlon coch other in
such case, will not be coexistcnt to any
extent, because the former ends with
| the event, whatever it may be, which
causes the vacancy in the Presidential
| Office.


We may conclude then that the words
"the term ofthe President" mentioned in
the Tenlrc-ot-Office act and in the Con-
stitution, is the actual period of service
of President Including any time of
temporary disability)an that such term
may end by death, resignation or re-
moyal as well rs by the regular cxpira-
tion of four years. 1t follows that Mr..
Stanton could not claim to hold his
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