, 1866-07-14
DAILY, TRI.NEEKLF AND WEEKLY
OFFICE, No, 81 CLARK sT.
SATURDAY, JULY Il, 1866.
AN IMPORTANT MATTER.


SATURDAY, JULY Il, 1865.
------.---- --------
An IMPORTANT MATTER
Tue most important question which now
remains Tor Congress to pass upon prior 10
lie recess or aa1oufnment' IS Mf. IfhmoaI
bill to regulate appointments TO aud removals
from othce' lts provisions may oe summed
up 10 the simple proposition that no officer
appointed by the advice and consent OF the
Scnnte shall be removed Without The advice
aud consent Of the same body, except for
mEljeasance in Office, or incompetcncy to per-
form its duties. In the former case he
may he suspended until the Senate mt
lis next session shall act upon his case.
The bill might be entitled IN act to restore
the prnctical workings Of the Constitution to
conformity with It's letter and spirit. Prior
TO The introduction Of the subject into Con
Eress, we called attention TO the necessity far
such = bilI. a ncecss,tx xrh,cl, ;,os hes,rrs
more annarcnt WIN aver, a,rs,cr,n.nt or
thc president,s anostscv- ye iron ~, sd M
briefly the nrrup,rnt in is favo- 90 +, b..
been hcretoforc mt nv Hom1,ton wa,,ster
and other constitutsoual. lswyers. The
wbolo Question NAV he s1,ns stotsa.,n , nnt-
shell:
There arc but three clauses of The const;.
tu,jou under which The Presidpnt,s nowar to
remove fro,n office can hp claimed T,a,,
lon.uaee Is az fol}ows.
i, "Ue shall nominate. and he md r;t,,
The adyice and consent n tho saoota eh.II
appo{ptn-yarions officers,
9, aTbe President sbn,, barc n,wcr. IN
fill IN NIL yacapc,es zaa, ,nov 1onnea dvrsa,
the re.xss of he Sencle. bv orantinf, con m ~
s5ous which sbs1, evr,re a, 4be or5 ~ 4,,o,,
next eessiop."
"Thc Executive powcr sba,, he vest.d
in President OF the United states of Amcr.
ica."
If,hc mower to remove ftono of1,ce ,s aa-
rived under the first clanse. as an incident tn
and consequence Of the power TO appoint.
then as he eau Only appoint tt by and with the
ndvlcc aud coneent Of the Scnate,n so he can
only remove from Office BY and with the
same advice and consent.
If the Presidents power TO remove is in-
fcrrcd from the second clause, then 1t is
wrongly inferred, as it gives him no ench
power, but only the power to I'LL up accI-
dental vacancies resulting from casualty or
death.
fGm0V& XAn
fcncd from the third clause, then he con1d
remove without the consent nr the senate "a
well while he Senate is In session "a when II
IL not, for he is ~ much the Executive A onr
time as at another, Dut thu noEer tn 70.
move without the consent Of the Senate
willie that body Is in session. has nerer
been claimed. this proves that the
power 10 remove is incident to the
power to appoin,. and. like that ran on,x h.
constitutionally exercised with the consent or
The Scuate. If this be t,n~ conore.a ho. ~.
constitutional noTcr tn naae a III, -ast-ot,,fr~
consent. In opposition to this argument.
founded On the Constitution Itself, there Is
merely the dictum Of the First Congress,
which Is Of no more weight than the decision
Of the present Congress. The country will
recognize the distinction between asking Con.
gress to limit the appointing power OF PresI.
dent Washington and of President johnson