Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-05-27
ALEXANDRIA,, ID. c.
THURSDAY MORNING. My 27. 1880.

The Telegraph relies upon the following clause
~ The second section Of the second article of the
constitution, to support the President in his de-
termination to keep Isaac Hill in Office:
The President shall have power to fill up all
,,cancies that may happen during the recess of
me Senate. BY granting commissions which shall
expire at the end Of their next session."
Without stopping to inquire what course a
,~irh.minded and honorable man, in Hills situa-
ION. would pursue, and what his feelings upon
srch 4 subject ought to be, we proceed at once
Il, inquire whether the Constitution does support
the President in the view he has taken of this
matter. or whether he has not violated its obyi-
ous spirit and intent.
The Constitution expressly provides that the
advice and consent of the Senate is necessary to
me appointment of certain public officers, of
whom the Second Comptroller is one. 1t is a
principle of the Constitution, that the Senate is
an independent coordinate branch of the Gov
eminent, and that its consent is absolutely neces-
,ary to the appointment of any man to Office. No
one will contend that the Senate is not as neces-
,ary to an appointment as the President.-This
proposition granted, We go on.
The advocates of power say that, Isaac Hill
being appointed during a recess, the President
has a right to continue him ..until the end # the
next session. But does the clause here relied
upon, in its spirit, refer to rsiec'ef officers? To
admit this, would, at once, be to establish the
doctrine that the President can, at his will and
pleasure, Gand the acts of the Senate-for, fol-
low out a supposed case, and see what would be
the result. Suppose the President does suffer
Hill to remain until the end Of the session, can he
not, immediately upon the adjournment of Con-
gress, re-appoint him? His commission hen will
be good until the end ofthe next session-the Sc
nate NAV again reject, but their rejection can
avail nothing; for, by an obvious process, he (ac-
cOrding to the new lights can hold his office un-
al they adjourn, and eau be again appointed
Thus it will be seen, that if the construction
sought to be put upon the Constitution in isill's
case. is sanctioned, the advice and consent of
the Senate will be a matter of no Importance
whatever, as to all Offices appointed during a re-
cess. and the President will have the sole and
exclusive power Of appointment.
We have looked for some precedents to sane
uon the course pursued in HAS case, but can
aud none. II there arc any, for our instruction,
ae would hank any OF the advocates Of power to
point them out to US. We believe that, hereto
fore, 1t has been the inyariable rule, upon a re-
jection.-nO matter when the appointment was
hate,-for0as incumbent to qui, Ia, post and Il
new ra ~.nInatiOn to be made. How different the
coarse taken in the present case! Hills nomi-
nation, on the l2th April last, was rejected by a
vote Of SIS to 15-nearly two months have elaps-
ed, and every opportunity for a constitutional APP
%pOintment has been ofered-but the rejected still
the Office for which he has been declared to be
unfit BY a large majority Of the Senate OF the
United States! Is not this virtually setting at
naught the obvious spirit of the supreme law
Of the lands We put the question to all who are
unprejudiced and impartial.
The power claimed, in this case, for the Pre-
sdent, NAV, hereafter, be welded for the worst
unprecedented it is at present used to sup
port an unprincipled partisan. What should
those strenuous ~brawlers, that :. power Is always
stealing from the many to the few" say to this
assumption on the part of the PRESIDENT Con-
~sstency would urge them to oppose it. But no!
The power claimed is to be exercised by their
dol, and they are willing that in his person that
power should reside. to the exclusion OF every
Other branch of the Government.
Since this article was intype. we have heard
0tthe nomination Of a successor 20 Hill; but the
arguments here advanced, being general, do not
Sose their force, in consequence of that fact.
uFFICE or THE CoLINIZATIoN SOCIETY,",
fIu.h;, rt,, lIo,t o. 1874