, 1866-05-02
WEDNESDAY, MAY 9, 1855.
THE POWER OF REMOVAL.

wv Icctullf C1ucu dtleUlluu 10 lue pre-
tended power Of the President to remove
Federal oficc:holdcrs during the recess Of the
Senate, and commended that the Consultation
confers no such power, sustaining our posi-
ton by citations from Hamilton. Webster,
and Others, and q very simple presentation
Of the clauses OF the Constitution bearing
upon the point. We commended:
l. That the President has no power to ap-
point, under my circumstances. The Consti~
tuition authorizes him only 10 'tnomfnatc,"
and t'by and with the advice and consent Of
The Sennte to appoint" Hence the President
is only the nominating power, and the mp
pointing power consists Of the President and
Senate Jointly. -
2. Tie President is not authorized to tap
point' even during the recess Of the Senate,
but only "to grant commission to fill any
vacancy TINT may happen during the recess
OF the Seuate, which commission will expire
ut the end of their next session." This pro-
vision clearly means to provide for any IA.
cancy occurring by death or other casualty
at time when the Seuator1al part of the
appointing power might not be in ses-
siou. In such case the President was
authorized not to tappoint," but to 1graut
acommission to I'LL the vneancy" until IN
appointment could be made. In view Of the
special necessity existing that no appoint
ments to, or removals from Office, should be
made In the present condition OF the country
except by the joint action Of the President
and Senate, we urged tho passage Of some
law governing the exercise Of this assumed
power OF the President TO remove I'LL Office
holders who fall to support "my policy"
II annears thst the actual practice Of most
~ ,,,e Recommendations s,nca dickson. has
,,,u., .,... f..t9,-n ,f +hc ronstft,ttfon
nnluuco tua1 4eALuS " ts'< os~1
which makes the consent OF Congress ncces-
COZ IN .tc annofutmcnt or removal Of m
officer In this way. Whenever Inc ffesloen1
aesirr4 IN remove IN officer during The recess
~ 10 sona,c l,c simply nomiuatcs his sue
ccssor. Although there Is NO Senate to
,ss, .,,1s an,,fnat,or ran te sent. and al.
which this nom1nauon "a" We sene' ...u 81. ~.
thourh it ts In no sense an appointment. but
,..t,.&,or md aNhonrh 1t fnes no!
on.s crns;e = - raeancy much less an Academia;
-..,,, .+7yl lin crs. nm has hreb tn rerard
vacancy, s.ai 'ns eus'oA "as..saxss . w. .Ss ~
'ats a4'tes0 sA>, ~ 49,. ursc,n
poan'"ut -, nna ~,
caee Iaa' 10y oo,n,,,s,on =,
feaacn' Etaats ~. ,',s W., oct
~ I1e tasane. vsea -. s.ra-s +,
AAlno"sn .n' sAsan' ~ ~, st...aa.
mas power ~ appomt' auu @ne Apeo
must c1'st ue'".e :" 10y @.eau sAsA ~
and aIthouen 'ne Appom"eu. nuu ~
vacancy ean hnt s4 as ~ oa'ae ..as.. .'.as,
Is hcio taa' Dota tness etens nas ~ ~. .e -. 49,,
1nslanco p4t.o. ~. Aa.''e - ~. - -
The commission mus isanea sans 70 .he en- n
o. me ne11 SESSION oa .ne g. es p.ss1as. ~ :.
senate nas 10 Pon G ~ eomps' .ns
10 ecoo Inc notninauou III ~ lue" aot -
potntments ne may wholly la1 70 no no, VI,
he sends 1t IN. and they reject IL, he ma
.t.. ..,,,,.tI., r, a,tb.- ~.
maRe no otoc1 non'nlAltou. ~ e4lue ~
,,mr,suon ,,,ti1 The end Of the sess1o1
So.A'' eoo,,,s h,,t -
9heh Eacaney ' ~ ~ a,
session. some Attorneys Generai have he1
tba, It i. happened during recess" aud Fa
m. NJ +h,se r,canc,es ~ happening during
".a. ~ ~ s.n.,s >, Which the pres,der
..ss sneaaxrsr.a IN All. r. so. he m1rht =,
"Ae ~ ~. AZ. c.,.,
appoint LIE eoAue te''o0 ~
had refused 10 connfus ano 30 ou, 11 shyn
farm, This TOu1d DfActfcatly Aluut that 1c
tr-o nj the Constitution which makes Il
ea..ts ror4 ~ ~. enno3n,,nr noEer. III
,1.a1, ,,r -,d,,1fto nd obutr,7,t.. nlaeea h
80 ~, aoub, ,h- =. II 1h,t the conrftut3,
Ra1aa. .the. .PuAdept no power 70 Ecrnoyc I
President, by announcing that ''Do M
should cat PRECEDENT Johnson's bread md bl
tes. who did not support his policy"