Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-05-16
The President's Power Of RemOv-
ing Federal Officers

The Rre8t0 eucS rover Oh ktenmOV.
ing Federal Officers
We print on the outside of this paper the
speech made by Senator Poland respecting the
propriety of limiting the power Of the Presi-
dent in removing officials who have been ap-
pointed "by and with the advice and consent
Of the Senate" So far as this speech objects
to the expedieney of lacking such legislation
on an appropriation bill, and go far it crit
icises refusal to pay the salary of officials L.
gaHy appointed, the argument is undoubtedly
sound. Perhaps, as these were really the
only questions before the Senate, that portion
of the discussion which touched other princi-
plee, should be treated as obifer dicta and we
should be quite willing to so regard it, did we
not apprshend from it that Senator Polar is
prepared to vote against 09y Limitation by law
of the presidential practice of removing eff
cials Senator Henderson, of Missouri, has
introduced bill, which seems to be carefully
guarded, and which dis .inctly declares tina
the President cannot alone legally remove
an official who has been appointed with the
advice and consent of the Senate. Senator
Poland seems to admit, if the question were
new, that he should be of the opinion the
President had NO power alone of removal Ill
such cases; but he thinks the practice of con-
ceding ell this power TO the President, has
been too lopg acquiesced 10 to be disputed
now. Acquiescence in a wrong never makes
that wrong right, as question of statesman
ko- - 10 m l..
A wrong Interpretation of the constitution
for half . century, ought not to stand in the
way of restoring 1t to its rightful authority
to-day; and this, more especially, when it Is
admitted on all hands, that this abuse of the
appointing power has grown up in later times.
while it found little or no favor with those
who aided IN making the constitution. There
10 always danger that one whose education
and habits Of thought have been almost whoI-
ly legal, when transferred to the halls of legs
latIon will feel too much under the restraint
of the legal formulas which give great au-
thority to practice, custom, ard acquiescence
The law allows = man 10 steal farm IN fl
teen or twenty years, provided during all thai
binc tuO wv uCE uckicCtc, vi 10
assert his title. But adverse possession of any
of the rights which belong 10 the people should
never be . reason with a legislator for consent
ing another day to the wrongful use of an
usurped power. Power, especially when that
power is IN one, or in few, Is very ready to
make its usurpasion of yesterday the argu-
msnt in favor of its wrongful possession to
day. But no abuse ought ever to be respec ted
because it j. hoary with age, or because it has
heretofore proved TOD strong to be corrected
1t former presidents have exercised without
successful question the power of removing
officials Illegally, that should not be a reason
with any. Senator, why President johnson,
and all subsequent presidents, should not be
forbidden by Congressional enactment from
any further usurpation In the same direction
So far ss Senator Poland spoke of It's effect
upon the party, if the President should gen
orally remove those now holding office, We
have no doubt he was right, provided the
President would at once make clean sweep
of all the present nicials who. at home, and
q a quiet way, condemn the Presidents pol
.cy. But We look at the question in another
view entirely. The one-n.an power should BE-
limited whenever 1t can be cOnstitutIOnally
There are thousands of men In office who car
turn political summersaulss as rapidly as The
President, and who, if they only know what
the Presidents opinions are, will hold the
same opinions So far the emoluments oil
the Offices themselves are concerned, they ar
of no account; but they ought not to be used
to corrupt the politics of anybody. But if II
is impossible that they snail not be so used :
or If it il impossible that off ;als shall be IN
corrupsible-then let US make the evil as little
~ possible. by lodging the appointing power
will operate a. check on the Precedent anC
the President on the Senate, and between then
both the official may see his way clear to dc
right without losing his bread and butter
The end ID be reached is not the division o
the spoIIs among the member. of the party
but the Independence and freedom of opinion
of the officials themselves When the capri
ces and whIms of one man control the MYRIAD,
OF appointments now nominally at the dispo
sal of the President, 1t il time to interfere and
if possible, BY Legislation make this army
which seems to be now regarded as little NOR
than the private property of the executive,
more independent and ther sfore a more homes
body of citissns- We hope to find the Yer
mont delegation in Congress ultimately sup
porting Senator Hendsrson's bill, or som
other mea-ure having the same object in view