Year: 1868

| reply:


WAR DEPARTMENT WASHINGTON, Aug. s, 1857.


SIR Your note Of this day has been received stating
that public considerations OF hch character constra


be accepted" In reply, have the honor TO say tina.
public considerations Of high character which nnSrt
nave induced me TO continue at the head OF hls
ment constran not 10 resign the office OF seere' "
War before the next meeting Of Congress. n STANTON
Very respectfully yours, EDWIN vi. "


This respondent President OF the United STATES was


thereon Of opinion that having regard to the necessary
official relations and duties Of the Secretary ior o De
partment OF War; to the President OF tho oned states
according to the Constitution ana laws OF the umteu
States and having regard 20 the responsibility OF the
President for the conduct of the said Secretary and hav


inc regard m the paramount executive authority OF the
office which the respondent holds under the Constitution
and lava NJ the United States, 1t was impossible,


stently with the public interests to allow the said Stan


ton TO continue TO hold the said Office of Secretary for the
Department Of War; and then became the official duty
of respondent President Of the United States to
decide what acts should and might law
fully be done by him. President OF the United States to
cause the said Stanton to surrender the said office.
This respondent was informed and verify believes,
that it was practically settled by the Ist Con-
gress OF tho United States, and had been so consd-
ered and uniformly and in great numbers of instances
acted on by Congress and the President OF the United
States succession from President Washington to and
including President Lincoln. and from the First to the
Thirtyninth Congress- that the Constitution OF the Uni
ted States conferred the President as part OF the ex
ecutve power and one Of the necessary means and
instruments Of performing the executive duty expressly
imposed on HIM by the Constitution, OF taking care that
the laws be faithfully executed The power at any and
all times OF removing from Office all executive officers,
for cause TO be adged of by the President alone This
respondent had, in pursuance OF the Constitution,
required the opinion OF each principal officer OF
the Executive Departments upon the question OF con-
stutOnal executive power and duty and had been ad'
ved by each Of them including the said Stanton secre-
tary for the Department Of War; that under the Const
tuition OF the United states this power was lodged by
the Constitution IN the President OF the United states,
and that consequently It could be lawfully exercised by
him. and Congress could not deprive him thereof, and
this respondent, in his capacity OF President OF tho
United States and because in that capacity he was bOth
enabled and bound his best Judgment upon TINS
question: did in good faith, and with honest desire to
arrive at the TRUTH to the conclusion and opinion,
and did make the the honorable the SEN
OF the United States by message dated on second
day of March, 1867 true copy whereof Is hereuno an
nexed and marked a." that the power last mentioned
conferred and the duty Of exercising II In ht cases
was imposed the President by the Constitution OF the
United States and that the President could not be de-
prved OF this power relieved Of this duty; nor could
the same be vested by law in the President and the Senate
Jointly either part in whole and this has ever since
remained and was the opinion Of this respondent at the


time when he was forced as aforesaid TO consider and de-
eide what act acts should and might he lawfully
by this respondent President Of the United states
10 cause the said Stanton 10 surrender the said office
This respondent also then aware that by the st sec
tion of an act regulating the Of certain civil Off


ces passed March o. 1867, by constitutional majority OF
both Houses Of Congress, 1t was enacted as follows:


THAT every person holding any civil Office 20 which he
has appointed by and with the advice and consent Of
the senate every person who shall hereafter be APP
pointed to any such Office shall become duly qualified
TO act therein and shall be entitled to hold such once
until a successor shall have been In like manner ap-
pointed and duly qualified, except as herein otherwise


Provided that the Secretaries OF State Of the Treas
ury of War of the Navy, and Of the Interior, the Post
master General and the Attorney General shall hold
their Offices respectively for and during The term OF the
President by whom they may have been appointed and
for month thereafter subject to removal 10y ana with
the advice and consent Of the Senate"


This respondent was also aware that this act un
dersood and intended 10 be expression Of the opinion
OF the Congress by which that act passed. that the
power 20 the Executive officers for cause might
by law taken from the President and vested In him
and the Senate jointly and. although this respondent
had arrived stl retained the opinion above ex-
pressed and yery believed as he still believes that the
first section OF the asmentOned act was, and s wholly
imperative and void by reason OF its conflict
with the Constitution OF the United States
vet inasmuch as the same has been
enacted by the constitutional majority in each Of the
two Houses Of that Congress this respondent considered
II TO be proper examine and decide whether the parc-
ular case Of said Stanton which 1t was this
pondents duty TO act within without the terms
Of that first section Of the act; II within IT, whether
the President had not the power according to the terms
of the act the said stanton from the office Of
Secretary for the Department Of War and having IN his
capacity President OF the United States 80 examined
and considered did form the opinion the Of the
said Stanton and his tenure of Office were not affected by


the first section OF the asnamed act; and this respond
ent further answering, says: That although ease thus
existed. which, in his judgment ~ President OF tho
United States called for the exercise OF the Executive
power TO the said Stanton from the office Of Sec
retary for the Department OF War; and although tins
respondent was OF oplnon, as Is above shown, that
under the Constitution the United States the power
remove the said Stanton from the said Office vested
I'm the President OF the United States; and although this
respondent was also Of the opinion as ~ above shown
that the case Of the said Stanton not affected by the
first section OF the lastnamed act and although each Of
the said opinions had been formed by this respondent
upon an actual case requiring him in his capacity Of
President OF the United States TO come TO some
Judgment and determination thereon, yet this respondent


President OF the United States desired and determined
TO avoid n possible any question OF the construction and
effect OF the said first section OF the last named act and
also the broader question of the Executive power con-
ferred on the President OF the United States by the Con-
suton Of the United States TO remove one of the prin
cpa officers OF one OF tho Executive Departments for
cause seeming 10 him sufficient; and this respondent,
also desired and determined that II from causes over
which he could exert no control 1t should become abso-
lutey necessary raise have IN some way deter
mined either or both OF the last named questions was
in accordance with the Constitution OF the United States
and was required the President thereby that questions
OF 80 much gravity and Importance, upon which the
legislative and Executive Departments OF the Govern
ment had disagreed which involved powers, considered
by all branches OF the Government during Its entire his
tory down to the year 1861 to have been eonded by the
Constitution Of the United States 10 the to be
necessary for the complete and proper execution OF his
-. hot
submted 10 that judicial department Of the Government
ntrused by the Constitution with the power and sub
ected by IL to the duty not only of determining finally
the construction and effect of all acts OF Congress- but by