Year: 1868

ton and laws Of the United States, 1t was impossible
consistent with the public interests to allow the said
tary for the Department OF War; and 1t then became
the 01cia duty Of the respondent, as President of
acts should AND might aWy be dome bv h
President Of the United States TO cause the said Stan
ton to surrender the said ONCE. This respondent
was informed and verify believes that 1t was prac-
tically settled by the first Congress Of the
United States, and had been so considered,
acted on by Congress and the President OF the United
States In succession from President Washington to
and including President Lincoln and from the First
Congress to the Thrtyninth Congress, that the
stituton OF the United States conferred the Pres
dent, part OF the executive power, and as one OF
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
judged by the President alone. This respondent had
In pursuance OF the constitution, required the
opinion OF each principal officer OF the ex.
ecutive departments upon the question OF
constitutional executive power and duty, and
had been advised by each OF them including
the said Stanton, Secretary for the Department OF
War; that under the constitution 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 the Con-
gress could not deprive him thereof; and this re-
spondent in his capacity Of President OF the United
States and because In that capacity he was both
enabled and bound to use his best Judgment upon
this question: did In good faith, and with honest de-
sire to arrive at the truth to the conclusion and
opinion, and did make the same known to the hon.
Orable the Senate OF the United States, by message
dated on second day OF March, 1857 "a true copy
whereof Is hereuntO annexed and marked AZ, that
the power last mentioned was conferred and the
duty OF exercising 1t in fit cases was imposed
United States, and that the President could not be
deprived OF this power or relieved OF this duty, nor
could the same be vested by law in the President and
the Senate jointly either In part or 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 decide what act or acts
should and might lawfully be done Dy this reSDOn-
dent as President of the United States to cause the
said Stanton to surrender the said Office This re-
spondent also then aware that by the first section
OF an act regulating the tenure OF certain civil Offices
passed March 1857, by constitutional majority Of
both houses OF Congress, 1t was enacted as foows:-
been appIed BY and with he and the
o oe a % to
shsren snd shall be entitled hold such dce until sas
sa. h. saSs
o ss
General shall hold their Offices respectively for and during
Pointed and % for month subject to by
and with the advice and consent Of the Senate.


This respondent was also aware that this act was
understood and intended to be an expression Of the
opinion OF the Congress by which that act was
passed: that the power TO remove the Executive
officers for cause might, by law, be taken from the
President and vested in him and the Senate jointly;
and although this respondent had arrived at and
still retained the opinion above expressed, and verify
believed he still believes that the first section Of
the last mentioned act was, and is wholly imperative
and void by reason OF its conflict with the constitu
tiOn or the United States, yet nasnuch as the same
had been enacted by the constitutional majority in
each of the two houses Of that Congress, this re-
spondent considered it to be proper to examine and
decide whether the particular case OF the said STAN
ton, on which 1t was this respondents duty TO
act, was within or without the terms OF that
first section Of the act, or II within it, whether
the President had not the power, according to
the terms Of the act to remove the said Stanton from
the office OF Secretary for the Department OF War,
and having in his capacity Of President Of the United
States SO examined and considered, did form the
opinion that the case OF the said stanton and his
tenure OF Office not affected by the first section
OF the last named act And this respondent further
answering, says, that although a case thus existed
which, in his judgment, as President OF the United
States called for the exercise of the executive power
to remove the said Stanton from the office Of Secrc
tary for the Department OF War, and although this
respondent was OF opinion, as Is abOvc shown, that
under the constitution OF the United States the
power to remove the said stanton from the said ofce
was vested in the President OF the United States and
although this respondent was also Of the opinion as
Is above shown, that the case OF the said STAN
ton not affected by the first section OF the last
named 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 to some judgment and de-
Termination thereon: vet this respondent President
OF the United States, desired aud determined
to avoid II possible, any question Of the construc.
ton and effect Of the said first section OF the last
named act and also the broader question Of the ex
ecutive power conferred on the President Of the
United States by constitution OF the United States
to remove Of the principal officers Of one of the
executive departments for cause seeming TO him
sufficient, ana ms atsO ueSlTeu
termined that IL, from causes over which nc could
exert no control, it should become absolutely me-
either or both OF the last named questions. II
accordance with the constitution OF the United
States, and was required OF the President thereby,
that questions OF so much gravity and importance,
upon which the legislative and executive de-
partments Of the government had disa-
creed: which involved powers considered by all
branches of the government, during its entire his
tory down TO the year 1867, to have been oondcd 10y
the constitution OF the United States to the Presi-
f..r pf.atn av,I
proper execution OF his constitutional duties, and
should be in some proper way submitted to that 1u-
dicial department OF the government entrusted by
the constitution with the power, and subjected by 1t
to the duty not only Of determining finally the
sruction and eject 0f all acts OF Congress- but by
comparing them with the constitution OF the United
States and pronouncng them imperative when
found in condct with that fundamental law which
the people have enacted for the government of
all their servants; and to these ends, first, that
through the action OF the Senate OF the United states
the absolute duty Of the President TO substitute some
fit person in place Of Mr.. Stanton as one OF his adj
visers and as principal subordinate officer, whose
official conduct he was responsible for and had law
full right TO control might, II possible, be accom-
the questions aforesaid; and second, II this duty
could not be so performed then that these questions
oTsuch OF them might necessarily arise, should be
ludically determined In the manner aforesaid, and
for no other end or purpose. This respondent, as
President of the United States, ON the 18th day OF
August 1867 days after the reception OF the
letter OF the said Stanton OF the 5th day OF August
herenbeorc stated did issue to the said Stanton the
order Ioilowlng, VlI.:- .


EXECUTIVE MANSION,


WAsuIsGToS, August H. 1567.S


SIRBy virtue OF the and authority vested In
President constitution and laws OF the United States
hereby suspended from Office Secretary OF War;
and exercise any and all functions pertaining
the same. will transfer To General Ulysses s.
Grant, this dag been authorized and employed to act
Secretary Of War interim, all records books papers
other public property in custody and charge


The Hon. EDWIN NJ. STANTON Secretary OF War.


To which said order the said stanton made the
following reply


wAH DEPARTMENT,


WASHINGTON CITY, Aug. l2, 1s67S


SR-Your note OF this date has been received informing
that by virtue Of the powers yeed IN you as President
the constitution and laws of the nited States
pended from Office Secretary OF War; and win cease 70
and all funconB pertaining TO the same, and
directing transfer TO General Ulysses =.
Grant, this day been authorized and empowered to
Secretary OF War dd iam, all records books
pcrs aud other public property now In my custody and
charge. Under a of public duty am compelled to
deny your right the constitution and laws OF the
United States without the advice and consent OF the
Senate, and without legal cause to suspend me from
Office as Secretary exercise OF any all func
tons pertaining to the same without such advice and
compel to transfer to person the records
books and papers and public property IN my custody as
But nasmuch the Secretary has been appointed
interim, and has notified that he has accepted the ap
pontmen have alternative but TO submit under protest
To superior force.