Daily American organ., 1856-08-26
CITY INTELLIGENCE.

BOARD or ALDERMEN, August 25.--Severa AL
dermen sick and absent Alderman Pearson In
the chair. Among the communications made to
the Board by the Mayor was one in relation TO the
death Of Hon. James Meacham, member Of Con-
gress from Vermont, and chairman of the Com
mittee on the District OF Columbia, recommending
the passage of resolutions Indicative of the sense
OF this body Of his worth and usefulness.
The following acts were passed For the relief
OF John Hammond, Robert Downing, Peter Little,
Henrietta Shryock, Joseph Radcliffe.
A new bill was reported and passed, In lieu of
of the one returned by the Mayor with objections.
relative to salaries Of teachers of Public Schools
and sub-teachers.
An act to defray expenses of speoial election in
the Sixth waId. z
One granting the use Of Market Space for the
exhibition of Circus company.
Five hundred dollars were appropriated for re-
pairs to the Northern market
Bill lor furnishing medicines to outdoor poor
was ordered to be paid, amounting to 81, 500.
For gravelling street, north, between l0,h
and l4th west, 800 were appropriated.
The appropriation bin was then called up by
Alderman Moore, VINO addressed the Board to
show the illegaIty of the I'd section of the bill,
which provides for Withholding the payment of sal.
aries to officers rejected by the Board, as follows
One of the arguments, he said which had been
advanced in support of this proposition is that
persons appointed to Office rndert the Constitution
of the United States (the principle Of which, In
reference to appointments is incorporated Into
our charter do not receive their commissions until
their nominations have been confirmed, and ere,
therefore, not entitled to the salaries attached to
their offices. This is erroneous. The Constitution
of the United States provides that "the President
shall have power to fll up all vacancies that may
happen during the recesss of the Senate by grant
ing commissions which shall expire at the end of
their next session" and this language of the con-
sttution imposes upon the President the duty of
granting commissions at the time he makes appoint
ients 1t is therefore not only not necessary, but
contrary law to require either the President or
the Mayor to withhold commissions from officers
appointed during recess until after such appoint
ments shall have been confirmed. NJ
Another argument is that the rejection Of an
executive nomination, by the Senate of the United
States, has the effect OF removing the appointee
from office and, as matter OF course, deprives
him of any just claim to compensation. This Is
also erroneous. Under the Constitution of the
United States the rejection Of nominee by the
Senate does not annul commission granted by
the President, vacate the Office for which it is
granted. The incumbent may, after his rejection,
still hold his office and enjoy all its honors and
emoluments, in despite of the Senate and all other
power in the Government, with the exception
alone of the President, who, under bis general
power Of removal, may make q new nomination to
or he may permit him to continue in Office and
merely make a nomination to take effect at the
expiration of the commission which the Senate
may have rejected. w
Thus, it will be observed that person ap-
pointed to office by the President nearly eighteen
months ago, (say on the 5tb of March, 1850 and
who might have been rejected by the Senate eight
months ago, (say in December last,) might never
theess, consistently with the constitution and the
practice under it. have been continued in Office
until the adjournment of the Senate on Monday
last, when the Presidents commission would have
expired by it's own limitation. And, as further
evidence of the exclusive power of the President
in cases of appointments made during recess, 1t
may be added that an appointee might have been
rejected by the Senate seven or eight months ago.
(say in December last) and thereupon the Presi.
dent might have sent to the Senate the name of
another person, who received its approval and
confirmation, and yet the officer 80 confirmed
could not, without the consent of the President,
oust from Office the person who had been rejected
by the Senate Such, Is the unlimited power pos
sessed by tie President all appointments
made during recess of the Senate, that his COM
missions cannot be annulled nor his appointees dis
placed until the expiration OF their commissions
unless it be done by his own act. But, as regards
vacancies occurring during the session of the SEN
ate, the President has no authority to issue COM
missions until his nominees are confirmed. aI
constitution which prescribes the duty of the Pres
ident in regard to appointments, and that portion
of the charter of this city which prescribes the
duty of the Mayor in like cases. are analogous
the one being copied almost literally from the
other. The constitutional provision is recited
above Its counterpart as contained in the char
ter of the city, is as follows: "The Mayor shall
appoint persons to fill up all vacancies which may
occur during the recess Of the Board of Aldermen,
to hold such appointments until the end of the
then ensuing session." In view Of this identity OF
the law, surely the powers of the Mayor in regard
to appointments, must be identical with those of
the President. t@ @ #a
But there is yet ano her point of controversy.
The question has arisen as to what constitutes
session of this Council. We have been informs
by one of the Aldermen from the Fifth Ward that
the law officer of this Corporation has decided
not in reference to the present dispute, but on
some former occasion--that the duration of a
Council forms one continuous session. Let us
briefly examine whether there is reasonable ground
for this decision.
Congress meets once year at particular time
prescribed by law; and, being thus assembled, 1t
is required to adjourn from day to, day until the
close of the session, with the restriction that du-
ring the session neither House shall adjourn with
out the consent of the other for longer period
than three days.
This Council in like Manner meets once year,
at particular time prescribed by law, and is after
wards required to meet from week to week during
the remainder of our municipal term, with re-
striction against its meeting upon any intervening
day, unless with the consent of two-thirds vote.
These provisions are analogous 80 far as they
indicate the period of session. They direct the
same course of proceeding-the time for assemb-
ling, the manner Of adjournment, and the times
for subsequent meetings sittings. In both cases
they indicate one continuous session during the
times mentioned. Admitting this to be 50, we
cannot question the Justice or proprietY of the de-