Year: 1868

|
employed TO act Secretary OF War al interim, all
records books papers. and other public property now IN


The Hon. Edwin NJ Stanton, Secretary of War.


TO which said order the said Stanton made the follow
| ing reply:


! WASHINGTON CITY, Aug u, 1867.


SR: l9ut note OF ths date has been received lhlOh-
Ing me that Dy virtue OF the powers vested In YOU as
President by the Constitution and laws OF the United
and VIII cease to any and all functions pertain


ing the same, and also directing transfer
lied and empowered to act Secretary OF War dd in
eria all records, books papers, and other public prop.
| public duty, | compelled to deny your right under
the Constitution and laws of the United States,
| and without legal cause, TO suspend me from
Office Secretary of War; or the exercise Of any or all
and consent TO compel me to transfer to any person the
R9 S eHS0 % e y
manding the Armies OF the United states mas oesn sp
pointed ad interim and has notified me tnat nc mas ac
cepted the appointment have alternative but to sub
| init. under protest, TO superior force p


"To the President"


And this respondent, further answering says That


provided and by the second section Of Act to regu
late the tenure civil officers that the President


may suspend officer the performance Of the duties
Of the held by him for certain causes therein desg
nated until the next meeting OF the Senate and until
the case shall be acted on by the Senate; that
this respondent President OF the United States, was
advised he verify believed and still believes that the
Executive power Of removal from office contded TO him
by the Constitution aforesaid includes the power OF sus
pension from Office at the pleasure OF the President ana
this respondent by the order aforesaid did suspend the
said Stanton from ofce-not unt the next meeting OF
the Senate or until the Senate should have acted upon
the case but by force of the power and authority vested
ia him by the Constitution and laws Of the United states
indefinitely and at the pleasure of the President; ana
the order m form aforesaid made known to the Sen
ate Of the United States the 18th day OF December a.
d. 1867, as will be more fully hereinafter stated.


And this respondent, further answering says that in
and by the act OF Feb 49, 1925, 1t was among other
things provided and enacted that in case OF vacancy In
the Office Of Secretary for the Department Of War; 1t shall
be lawful for the President, in case he shall thlnK
necessary authorize any person to perform the duties
Of the office until successor be appointed or sueh va
cancy filed but exceeding the term OF six months
and this respondent being advised and believing that
such law fun force and not repealed by an order
dated August i2 1861 did authorize and empower Ulysses
& Grant General OF the Armies OF the United sates' u
act as such Secretary for the Department of War; al IN


term in the form in which similar authority had hereto


fore been given not until the next meeting OF the senate
should act on the case but at tho pleasure OF the Pres
ident subject only % the limitation OF six months IN the
said last mentioned act contained, and copy OF te ast
| named order was made known TO the Senate OF the
| limited states on the 18th day Of December A. d.
1861, as will he hereinafter more fully stated
And I'm pursuance Of the designated inten
| ton aforesaid II it. should become necessary 10
submit tie said questions TO judicial determinations
this respondent ut near the date OF the Iastmeh
toned order, did make known such his purpose 10
obtain judicial decision Of the said questions, or such
OF them as might be necessary. And ths Iespohdent
further answering says that in further pursuance OF his
intention and design II possible 10 perform what he
believed 10 be his imperative duty TO prevent the sad
Edwin NJ stanton from longer holding the oifice OF
the Secretary for the Department OF War; and at the
same time avoiding II possible any question respecting
the extent OF power OF removal from the Executive
Office conhded to President by the Constitution OF tue
United stares and any question respecting the eonsruc


lion and effect OF the first section Of the said Act regu
ating the Tenure OF certain Civil Omcers,' While he
should not by any act Of ms abandon and reInqush
either power which he believed the Constitution had
conferred on the President of the United States to enable
hm TO perform the duties OF his office or power de-
sgnedy him by the first section of the act OF Con-


css aforesaid this respondent did on the 18th day
of December 1861 transmit the Senate Of the United
states message. copy OF which Is hereunto annexed
and marked b. wherein he made known the orders aore-
said aud the which had induced the same "a ar
| as this respondent then considered 1t material
and necessary that the should be set forth, ana
reiterated his views concerning the constitutional power
Of removal vested in the President and also expressed
his views concerning the construction OF the SAID ns
section OF the last mentioned as respected the power OF


the President to remove the said Stanton from the said
office OF Secretary for the Department OF war, well





then believed and still believes to be his imperative duty
IN reference the said Stanton without derogatng from
the powers which this respondent believed were con-
nded TO the President by the Constitution and the aws
and without the necessity OF raising judcay any dues


on respecting the And this respondent further
answering says that this hope not having been realized
the President was compelled either TO allow the said
stanton TO resume the said Office, and remain therein
contrary to settled convictions OF the President
formed as aforesaid, respecting the powers confded to
him. and duties required of him by the Constitution
Of the United States and contrary 10 the opinion formed
"a aforesaid that the first section OF the last
mentioned act did notaect the Of the said Stanton.
and contrary fixed belief Of the President that he
could no longer advise with trust be responsible for
,be said Stanton or said Office OF Secretary OF war;
mr. else he was compelled take such steps might In
the Judgment the President be lawful ana necessary
N raise for judicial decson the questions affecting tho
In w right the said stanton 20 resume tho SAID ONCE
or the power OF the said stanton to persist In refusing TO
out the said Office II he should persist in actually reius
i IN nuit the same and to this end only this respond
en did on the 2st day OF February 1863 issue the order
for the removal OF the said Stanton in the said first ar
,e mentioned and set forth and the order authorizing
the said Lorenzo f. Thomas act Secretary OF War ad
interim In the said second article set forth


And this respondent proceeding to answer specifically
ZACH substantive allegation in the first article, says;
He denies the said Stanton on the 2st day OF Febru
ary 1863 was lawfully in possession of the said office OF
Secretary for the Department OF War lie denies That
the said stanton. the day last mentioned, was lawfully
entitled TO hold the said Office against the VIII OF the
president II the United States He denies that the said
order for the removal of the said Stanton was unawuy
issued He denies that the said order was Issued with


intent 10 violate the act entitled "An Act to regulate tho
tenure of certain civil Offices" He denies that the said
order was violation Of the aforementioned act He
denies that the said order violation Of the Const
,,,on OF the United States OF any law thereof or
b,s oath OF office He denies that the said order was


,uea with an intent to violate the Constitution OF the
limited States Cor any law thereof, this respond
Il he rcsnecffnY. hut