New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-08-25
THE RIGHT OF REMOVAL.

Wa have asked no symDathy for the Republicans
whom Andrew Johnson is thrustng out oil oiioo'
They came in with their party. and VIII not Wnil'
at being required to 60 out with it. IL Wilkes Doo'n
had ado himself President by the murder oil Lncoin'
they would not have expected to hold on; shu why
should they as 1t Isl "Thc King is dead: live inc
King" Let those who think it hard to get Ivihg
lust as the great mass do who never had aud never
will have an office org over their removal If they
want to- they will find very few to keep them COM
pany.
Yet it is nevertheless true that the removal OF alth
full officers whose terms unexpired simply because
they cannot see through the Presidents spectacles,
at best a fragrant abuse of power, which hnds no
warrant in the Federal Constitution. The men who
made that charter never meant TO confer any such
dangerous and despotic authority. The people VINO
ratified it did not suppose they were giving the PreSi
dent power to dismiss capable and faithful officers at
will. The ~ T. Times virtually admits this when 1t
says:
a, right of the President to remove oicehoders
apprebend dena of the Radical press smount 10
nothing IF Constitution and the Legislation OF the cou9
try failed to confer the power e1plclty me ws, verv
GorernmeHt rOub be authority enough. What every
President johnson may do without an excess OF
power But the established construction o. Tue ConsIt
the right President beyond cay or controversy Inc
power removal exist in the President said MI WEB
ser when discussing the Of Duane by Gen jackson
World reproduces the opinion OF Chancellor
Kent whom appealed to the subject 1t Is too late are
to cali the Presidents power in question decaratory
act Congress and the acquiesccncs OF half century
The Democratic party of this country has ever
protested to exact and uphold strict construction OF
the Federal Constitution Says Mr.. Jefferson in the
famous Kentucky Resolutions OF 20. In ques-
tions Of power lot more be heard of confidence IN
man. but bind him down from mischief by the chains
OF the Constitution"
No line OF that Constitution has ever been cted as
investing the President with authority to remove
Office -holders "who have made themselves obnoxious
10 the Administration" This is at best an nieren-
tial, constructive, derivave power, resting On the
usage of the Government. and modern usage at that
Neither Washington, nor either Adams nor JEFFERSON
nor Madison. claimed or exercised any such
power. When an offce-holder's term EXPIRED
they may have felt at liberty to nominate another
to replace him; they may have felt at hOerty
to remove ono who proved incapable or corrupt but
the right of the President TO remove any and every
otfce.holder on no other ground than that he was
obnoxious TO the Administration ia one OF the
comparative novelties which are not Improvements.
Hence tho Confederates in framing their Constitu-
ton, took care to preclude 1t.
But johnson pH remove the oflice-hoders who are
faithful to their principles and convictions rather than
subseryient TO his policy The Courts may pro-
rource this unworranted; but meantime II will be
do,o Heads are falling by hundreds daily: let them
fall, The quicker and cleaner he makes his sweep
tho better for the Radical cause. Each kicked-out
Office holder is worth to the Good Cause any two that
are kent in Let the headsman sharpen his axe them
and law about him TO his hearts content For the
devil hath come among you having great wrath,
siys the Apocalypse, "beeau" he kHoreh his tune IS
shorf."