To the House of Representatives of the United States: 

I transmit herewith a communication from the Chief of the Engineer Corps of the Army, accompanied by a report, in reference to ship canals around the Falls of the Ohio River, called for by the resolution of the House of Representatives of the 18th instant.

ANDREW JOHNSON.

WASHINGTON, D.C., February 21, 1868.

To the Senate of the United States: 

On the 12th day of August, 1867, by virtue of the power and authority vested in the President by the Constitution and laws of the United States, I suspended Edwin M. Stanton from the office of Secretary of War.

In further exercise of the power and authority so vested in the President, I have this day removed Mr. Stanton from office and designated the Adjutant-General of the Army to act as Secretary of War ad interim.

Copies of the communications upon this subject addressed to Mr. Stanton and the Adjutant-General are herewith transmitted for the information of the Senate.

ANDREW JOHNSON.

WASHINGTON, D.C., February 22, 1868.

To the Senate of the United States: 

I have received a copy of the resolution adopted by the Senate on the 21st instant, as follows: 

Whereas the Senate have received and considered the communication of the President stating that he had removed Edwin M. 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.

As to the question of power under the Constitution, I do not propose at present to enter upon its discussion.

The uniform practice from the beginning of the Government, as established by every President who has exercised the office, and the decisions of the Supreme Court of the United States have settled the question in favor of the power of the President to remove all officers excepting a class holding appointments of a judicial character.  No practice nor any decision has ever excepted a Secretary of War from this general power of the President to make removals from office.