Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-12-12
The Appointing Power.

The Appointing Power.
There is some hope from present indications
that Congress will. by some legislation, limit
the power of the President in the removals
from office of persons appointed by and with
the advice and consent of the Senate. As the
law and practice now are, the provisions that ap-
pointments shall be sent to the Senate might
a. we'll be stricken out of the Constitution.
The President, without consulting the Senate,
removes any official, and having thus created a
vacancy, commissions one of his followers I'M
I'll the close OF the next session of Congress-
Sometime during the next session, as may suit
his convenience, be goes through the form of
sending the name OF the new appointee to the
Senate. If the Senate refuse to approve the
nomination, the appointee still has e commits
sion until the end of the session, and when the
commission expires the President gives him
another until the end Of the next session OF
Congress" In this way the President can
keep in Office, during his entire term officials
whom the Senate have and over rejected
IL Congress doesn't reform this unconstitutional
practice, and thoroughly reform it too, they
will deserve to be written down as unfsithful
to their trust. They should either bring the
appointing power back to the plain meaning of
the Constitution, or they should propose TO
amend the Constitution to conform to the pres
ent unconstitutional exercise of the power.
There is no more fragrant perversion Of 6 pow
err given BY the Constitution, than the abuse of
the appointing power has now become
The following is summary of the bill which
passed the House last session, and is nov be-
fore the Senate
The first section provides that TO officer OF
the United States appointed on the nomination
of the President by ard with the advice and
consent of the Senate shall be removable, ex
cept ~ tie same agencies which concurred in
his appointment provided, however, that in
case Of disability or misconduct in office, occur
ring during TIE recess of the Serate, where the
interests of the public may mske it recessary
TO displace tie Incumbent, until the advice and
consent Of that bcdy can be duly had and OBJ
tanned thereon, it shall be lawful for the Presi-
dent, on the recommendation OF the Attorney
General, to suspend the disabled or defaultirg
ofhcer, and 10 commission arother person to
perform the duties of the place until the Sem
ate shall have an opportunity of acting there
upon nd It she'll be the duty of the Pres;-
dent, within two days after the next assemblage
of that body, TO report to II the fact of such
suspension, along with the reason therefor, and
the name Of he person so temporarily commits
stoned by him, or Of such person as he may
think proper to nominate for the place. And
in case of the refusal of the Senate to concur
IN the removal, either by q direct vote thereon
or by advising and consentiug TO the person so
nominated, the officer who has been thus sus-
pended shall thereupon resume the exercise Of
official functions though the came had not
been interrupted. But in TO case shall the
person so restored be entitled to any salary or
compensation for the interval of time during
which his functions may have been suspended
as aforesaid.
The second section provides that in case of
refusal of the Senate to advise and consent TO
the denomination Of any officer whose term
OF service may have expired by It's own limits
ton, the place filed by the person reuomin-
ated snail be regarded, ard Is HEREBY declared
to be vacant from the time of such refusal.
Bot should the Senate adjourn without action
on such denomination, either in the way OF con-
sent or dIsapproval, the same shall be held to
be vacant Immediately after such adjournment.
And in shall any person who has been
nominated by The President for any flee and
rejected by the Senate, or on whose nomination
that body has failed or declined to act in tae
way of consent disapproval, be appointed
or commissioned by him after the adjourn
ment, and during the recess of that body TO
hold the same otfice for which he had been
previously nominated.
A proposition has been made in the Senate
to strike out the third section of the House
bill, and insert, substantially as follows:
When vacancy happening during the re-
cess may have been flied by the President,
1t shall be his duty to make nomination be
fore the end of the next session. And in case
of the nomination of any other person than
the one commissioned, and the refusal of the
Senate to advise and consent thereto, the Of
fee shall not be considered vacant On its adj
tournament but the person SO commissioned
shall con tinue to hold and enjoy the same dur
ing the recess, and until ne shall be either
nominated or rejected, or duly superseded by a
new appoIntee.
That the heads of departments shall hold
their office for the term of four years, unless
removed with the concurrence of the Senate
and shalt nominate, and BY and with the sd-
vice and consent of the Senate, appoint al
their assistants and subordinates to hold for
the like period, unless removed in the like
manner.