Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-05-16
PRESIDENTIAL APPOINTMENTS.
speech OF Senator Poland.
OF VERMONT.


On the notion to reconsider the vote passing
the ana t,,dnsent 10 the Post Office .4ppropria-
ton hH, respecting Presidential .4pPoint-
ments.
Mr.. PRESIDENT | voted for the amend
nent to this bill, and for the bill itself, with
great hesitation and with the design, II | could
not become better satisfied with II to move to
nave i reconsidered. Subsequent reflection
atsh5d that the ment ought rot to
pe iopted, and therefore made the motion to
ecOnsder. The amendment proposed by the
Senator from Illinois 10 the bill is general and
comprehensive in It's terms, nd denies any
'ayment of salary or compensation to officers
.ppointed by tbs President before confirmation
oy the Senate, unless appointed to fill vacan-
cIes happening during the recess Of the Sen
tie, by death, resignation, expiration of term
y removal for official misconduct. 1t Is said
hat one OF the mischiefs which this amend
nent Is designed to prevent is the filing Of
vacancies which exist while the Senate is in
session, and where there IS an opportunity 10
submit nominations for their advice and con-
ent, and this is omitted, or the nomination is
slec,e0 by The Senate and the same parsons
appointed after the Senate adjourns. 1t the
amendment went 70 further than this | could
very eerfully support it-tor the language of
Inc Constitution Is very clear that the Presi-
tents power Of appointment without the ad-
We anG consent of the Senate, is confined 10
vacancie. that happen during the recess of the
Senate. Blt the amendment has ope and
mea ing far bey ond this. The power of the
President to NJ all vacancies that occur during
he recess Of the Sena'e i not denied, but
this amendment declares that unless the vacau-
cies happen in particular way, the person ap-
pointed shall receive no salary compensation
- -
amiGtd whether the exceptions cover every
possible occasion OF vacancies which can occur
except removals for other reasons th FIR mis-
conduct or malfeasance in office. This is the
class of cases which the amendment i. desg-
mated 10 reach, and think its distinguished
mover w IL not deny tnat the main object and
purpose f the smendme mt Is 10 declare that,
{ the President makes removals from offices
for mere political reasons, and thus causes va
cances during the recess of the Senate, the
persons be appoiats to fill them shall receive
no payment for their services IN office until
confirmed by the Senate, in such cases the real
ques ion IS not on the power of the President
10 fiji vacancy, but as TO his power to thus
make a vacancy. This brings up th- old ques-
ton Of the power of the President TO remove
from office persons to whose original apdoint-
ment the advice and consent of the Senate was
necessary.
The Senator from Missouri (Mr. Henderson,,
with his usual straight-forwardness aud frank
ness, boldly avows that in his judgment the
Presidents power OF removal in such cases is
only with his power of appoint
ment, and that the consent OF the Senate is as
necessary to ths removal to the appoint
ment. The able and learned argument of the
Sc nator went lar toward convincing me that If
the question could now he considered an open
l.
stitutiou. The Senator from Maine (Mr. Fes-
senden) declared his willingness to support the
amendment, except for the clause requiring the
cause OF removal to be reported 10 the Senate
but he admitted the power of the President,
ue der the Constitution, to make removals
without the consent of the Senate. In urging
the necessity of the Amendments, however, he
dweit wholly upon the abuse of the appointing
power oy making appointments after the ad
tournament of the Senate, which might have
oeen made and submitted to the Senate while
in session. l should be doing that Senator
great injustice to suppose that he did not fully
that the matter aimed at was alto.
gether a different and broader one Other
Senators nave fought shy upon this question,
and have argued in favor of the amendment,
not exactly denying the power of their removal,
but under protestation, as special pleader
would say, that they do not admit it. They
have said, conceding that he has the power of
removal, We have the power TO say whether his
new appoiutees shall receive the salaries and
provided by law for those hold
ing the offices. So We have the power to re-
fuse any appropriations to pay the salary Of the
President, or TO carry on any and every depart
ment vf the government, and thus destroy it.
We may have such power, it is one
which can only BE- JUSTIFIED in use in the last
resort, to prevent usur patton the destruction
Of the liberties of the people. But if we be-
ieve that the President has not the legal and
power of removal, why not say
so directyP If we are prepared to adopt the
doctrines of the Senator from Missouri, why
not do it in as open and manly a way as ihe
declares II !! After uniform exercise of the
power by every administration sine the for
nation of the Constitution, to same extent
although for considerable time doubted and
4uestioned-and after at least thirty years
Of undouoted and unques,ioned use by a
swecping change of political appointments with
svery political change of administration, and
by both polical parties, if we design now to
declare different rule and change the whole
action of the government in this respect, does
it behoove US to do it in the indirect and sinis-
Ter way this amendment proposes l have