Stanton, Secretary
of War, and had designated the Adjutant-General of the Army to act as
Secretary of War _ad interim_: Therefore,
_Resolved by the Senate of the United States_, That under the
Constitution and laws of the United States the President has no power
to remove the Secretary of War and designate any other officer to
perform the duties of that office _ad interim_.
This resolution is confined to the power of the President to remove the
Secretary of War and to designate another officer to perform the duties
of the office _ad interim_, and by its preamble is made expressly
applicable to the removal of Mr. Stanton and the designation to act
_ad interim_ of the Adjutant-General of the Army. Without, therefore,
attempting to discuss the general power of removal as to all officers,
upon which subject no expression of opinion is contained in the
resolution, I shall confine myself to the question as thus limited--the
power to remove the Secretary of War.
It is declared in the resolution--
That under the Constitution and laws of the United States the President
has no power to remove the Secretary of War and designate any other
officer to perform the duties of that office _ad interim_.
Pages:
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778