Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-05-18
Congressional.
rae APPOINTING POWER.

voted fsr the amendment 10 this bill and for the bill
itssll with Rrsst hesi'stion end With tbs desga,
Il reconuidered Subsequent reflection SATISFIED me that
the dment ought 10 he adopted, and therefore
made the motion 20 reconsider
The ent proposed BY the senator from II nos
20 this bill very general and comprehensive In it, terms,
and denies any payment q raiay o. compensation to
officers appointed By the President before confirmation
by the Senate uness appoaied OIL vaeanries happen
ing during the Of the Senate BY death sgpa-
ton. eKprAton Of term. or removal for Official mseon-
II said that one Of the isohie which this amend
ment 10 designed prevent IL the filling Of vacancies
shich erist while tue senase - IN session ana ~hsie
there s opportunity 70 submit nominations for their
advice aod consent and THE Is omitted or the nomina
ton s rejected bF the senate. and the same person re-
appouted after the ena adioufns. Hthe amendment
vrni 10 further than ,hs pold very ehaorfaly suP.
port u for the language ethe con htuon clear that
The Presidents power Of appointment without the sd
vice aud consent of the Senate is confined 10 vaeanees
that happen during the recess Of the Senate
Bus the amendment his 4 scope aud meering far be-
md 'his The power Of the President 20 h All yaeAn-
oes that happen during he recess Of the senAe 10 no
den ed But this amendment declares that unless the
vacancies happen in peculiar say the person appointed
shall receive no salary or compensation until contrmed
by the Senate.
have not examined or considered whether the excsp
tons cover every possible occasion Of vacancy which can
occur except removals for other reasons than or mil
conduct or malfeasanee in ohce.
This Is the class OF which the amendment is de.
signed To reach and think its distinguished mover will
not deny that the main object aud parpose OF the amend
nent TO declare that II the President mates removals
from ohee for political reasons, aud thus causes
vscanoes during the Of the Senate. the parsons
he appoints hll them shall receive no paymeM for
their services in office until oonhrmsd by the Senate La
such cases the real question s not on the power tie
Presden to hl vacancies but 70 his power to thus
make vaoanc1 This brings up the old question Of the
power Of the Pre- ident to remove from office persons TO
whose original appointment the advice aud consent OF
Tue Senator from Missouri Ms endersonl with his
usual uAghtorwafdness and ftanknes' boldly avo~s
that in bis judgment the President pgwer Of rvaova
uwtHh n
appointments and that he consent 0f the Senate i as
uecessNI TO the removal as to the appointment The
able and learned argument OF he Senator vent iar
osard convincing that the question could now be
considered open one, that was the true oonsuuenon
Of the Constitution.
The Senator from Maine TMr FE>sssDENl declared
his Wilt guess support ihe aneudmeot except for the
clause teq ring the Il removal to be reported TO
The Senate but be admitted the poser Of the President
under the Constitution to make removals without the
consent Of the Senate lnurgng the necessity o. the
amendment, however, he dsslt wholly up the abuse
Of the pointing power BY making appointments si,r
he adjournment Of the Senate. wh'ch mg1 have b.en
made and sgbmtted 70 the .enate whde in session.
should be dons the Senator crest injustice TO suppose
that he did not fully understand tha the matter aimed at
vas altogether different ana broader one. Otter SEN
have fought shg this question, and have argued
ia favor Of the amendment not exao, denyiHg the pow
Of removal. but under protesaton as SPECIAL plead
sr would that they do not admit i, Thef have
sad. coneeding nat he has the power OF removal We
have the poser TO whether his new apponees snail
receive the salaries and cOmpsnsatons provided oy law
for those holding the Offices 50 have the poSer 70
refuse any appropriations pay the salary OF the Pres-
dent or to carry every de9Ar'men Of the Gov
ern uent, and thus DESTROY IT, Although We may have
such power il Is witch only be JUSTIFIED in use
in the last 70 usutpation or the destrue-
ton of the liberties Of the people.
Bat II we believe the President has not the legal
and constitutional power ofemova why not say so di
recy five are prepared TO adoot the doctrine OF me
Senator fom Missouri. why not d, IL in IN open and
maay way as he declares ii After uniform exer-
else OF ppver by every sdmnistsa sinee the forina
tion OF The Const tuition 70 some extent although for
cuu fAar nA
least THIRTY Of undoubted aAd unqueoned use, by
aswesping change Of political appointments, with every
political change Of administration ~ by both po cal
parties, II we design 70 declare different rule and
chsngs the whole action Of the Government in this le
speot does behoove do II in the indirect and sin
lister way this amendme ment pfoposesi
have asked Il that was the design, 20 deny to the
President the TO way not declare 50, and
m Ike the needful and proper esislsuon ON the subject
and have been told that could not pass such law
Why not. let Aski IL must be, suppose because
MAORI this body, Of ith Houss do not believe
in the gu9eiPls II mat be so. is exactly open and
neat dealing to undertake TO bolster up this amend
ment by AesnS TO believe the Presideat ransends his
power BY making such removals and new appointments
must ao ed TO say that IL de OF plish-
4, z purpose that does NOT commend itself to me
I. But notwithstAndng the argument in support Of
fhe ndme1t has been mainly thatsuch political chang
bayond the legal and Constitutional power OF the
Fffsasni, the amendment upon its face comedies IT, and
yFotlee those appointed - oil vsoAnes caused by
spr misconduct in office shall De excepted from
tis pzpAiAien Of payment IL cannot be said inst he
has the p1Ff removal for cAnse aua has not for
Another " b. M Constitution he has the power Of re-
ns s.:y 81 S Of 'SG se 'f TRs
validity or lsgahy sPPointment Of the oihce' sp-
pointd 70 nm sucd could not be nqu red into
was ,emovsd. In the ssSu,-hye discussion wn ch this
ssbject received from thSeinzat statesmen Of the early
days Of the Government hFf pysr suggested bot that
al, II he possessed this powe ia This amend
ment virtually broscnes wholly ~ dcct, ine IL con-
lhat We N. % hack behind ~ NJ
for the purpose OF determining whether the new
appoinee shall have pay Itis certainly an anomaly
that Eman may legally fill and perform the duties of an
cfoe o9 his hight to oompen,htioa shal dep'nd upon
the reasons that iphuenced the appointing power in
making the appointment.
power Of removal during PIesideat Jackson's Ad-
ministraon aud the great Wing leaders 81 that day
made powerful effort to bring he 'toyernmsnt back
10 what they claimed the construction OF the
nsttution, md deny The President ihe p1wer OF re-
moval Bat they did not succeed and all part es have
But II seems not TO have occurred 70 those eminent
statesmen that hough the pIesdent could legally
officers and oil them with other peTsons tn they
could make it barren honor by deprivDg toe holders
Of al compens ton. 1t has been reserved for tn f.
naueAl generation TO d ef this nav mode II curing
either defect in the Constitution or wOngf inter
pTelau ofh ~ me- the idea is strA and mon
that who legally holds Office, and prop
eTy performs its dau should not be paid bec,use the
reason. for his appointment were politically uns,usfa
tory. believe such posii TO be wholly indsensi
ble wrong in principle; upon which party can
stAna IN offering tho motion to ftronsidet the vote
passing this bill happened to say that such doctrine
leemed 10 me 10 be almost revolutionary. have sncs
learned that radical Uni mist has right 70 use ths,
word that il belongs wholly to persons and oApers OF
opposite polti al proeyitIes Iheretore take leave to
withdraw the word.
What /, the real purpose aud object Of this amend
ment! suppose may as we'll speak OF thi 20 al
they exist Ahd as all know them 10 be- as TO pretend
TO be thinking and talking something else.
difference has arisen between the President and the
Congress in relation 20 the proper poll pursued
In 10 he lat In Whn naana
rated from and formed lhemsese, into stpaa gov
ernmsnt, and be ween whom and US -eree wa ragged
Tor ou years b,fOfe cefded In conquefing hem
The President nAists that as the ebe lion do vi
aud ueS state governments have beeR up 10 thOs
States, they are noN entitled ~ Dc represented IN th'
two Houses OF Congress iif the members loyal
and 70 participate in all resPec In The administration
Of the General Government as they hal not re6elled
Congress On the other hand, claim that all legal
laions between these stAes and the General GoveTn
ment having by the rebellion and war eonseq ent up0I
1t been severed II with Congress- AZ the aknl
department Of the Government TO restore them agaih
and that in doing So It is their right aud their duly
exact such assurances and guarantees will 0ect ii
loyal part OF the nation against all danger from thos
Who have shown such a liberalization to destroy II.
Ne thsr the PTe,ident nor Congress asyet shos an
disposition 10 yield the views aud policy Of the other
aud appsienuy the question must be determined BY Al
appeal q the people the election Of the next CongIss,
The Piesiient, and the majority In Doth Houses 0
Congress elected BY the political parry, III
grt at Union party Of the county, which oried u
gllrousy through the great rebe Ion the Fedeta
Offices Of the county are gensras III ed by members
the same party, who we're appointed BY the President
his predecessor, nj Lincoln. suppose |, TO be tru
that the great majority Of persons now holdip
office As well as the great mass OF the UuiOn party COZ