ould be derived.

The other act which refers to this question is that regulating the
tenure of certain civil offices, passed by Congress on the 2d day of
March, 1867. The first section of that act is in the following words:

That every person holding any civil office to which he has been
appointed by and with the advice and consent of the Senate, and every
person who shall hereafter be appointed to any such office, and shall
become duly qualified to act therein, is and shall be entitled to hold
such office until a successor shall have been in like manner appointed
and duly qualified, except as herein otherwise provided: _Provided_,
That the Secretaries of State, of the Treasury, of War, of the Navy,
and of the Interior, the Postmaster-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 one month
thereafter, subject to removal by and with the advice and consent of
the Senate.

The fourth section of the same act restricts the term of offices to the
limit prescribed by the law creating them.

That part of the first section which precedes the proviso declares that
every person holding a civil office to which he has been or may be
appointed by and with the advice and consent of the Senate shall hold
such office until a successor shall have been in like manner appointed.
It purports to take from the Executive, during the fixed time
established for the tenure of the office, the independent power of
removal, and to require for such removal the concurrent action of the
President and the Senate.

The proviso that follows proceeds to fix the term of office of the seven
heads of Departments, whose tenure never had been defined before, by
prescribing that they "shall hold their offices, respectively, for and
during the term of the President by whom they may have been appointed
and for one month thereafter, subject to removal by and with the advice
and consent of the Senate."

Thus, as to these enumerated officers, the proviso takes from the
President the power of removal except with the advice and consent of the
Senate. By its terms, however, before he can be deprived of the power to
displace them it must appear that he himself has appointed them. It is
only in that case that they have any tenure of office or any independent
right to hold during the term of the President and for one month after