New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-26

chief officer of each Of the departments oil war; naval
affairs, finance and foreign affairs and snail nave
the nomination. and by and ch the consent o. NE senate
the appointment, of all other officers to be appointed
under the authority Of the United States except such
for whom different provision is made by this Constltu
ton; and provided that this shall not be construed
to prevent the Legislature from appointing by NAME
in their laws persons to special and particular trusts
created in such laws nor shall be construed to prevent
principals in Offices merely ministerial from consul
tutng deputies In the recess Of the Senate he may
fill raeancies in Offices by appointments, to continue IN
force until the end of the next session Of the Senate;
and he shall commission all officers" The committee
(Mr. Hamilton, conspicuous memoer,) dlgeSed tilS
plan into the second section Of the second article:
"The President shall have power to fill up oil vacancies
that MAY HAPPEN during Of the Senate by granting
commissions which shall expire at the end Of sr neI session.
Hamilton defended his doctrine Of Senatorial advice
elaborately showing the good that would come from
the cooperation of the Senate in the business of ap-
pointments." and contending that it would con-
tribute to the stability of the Administration" THE
CONSENT OF THAT BODY" he adds (and our readers
will observe the emphasize "woULD BE NECESSARY
TO DISPLACR AS WELL AS TO APPOINT. change o.
the chief Magistrate, therefore, wOuld not occasion SO
riolent nor so general revolution in the officers o. the
Government as migh be eTpected If he mere The sole as
poser of Offices" This doctrine that the consent OF
the Senate is necessary to dispace as well as 10 ap
point" was admitted in the early times. Hamilton
not given to euphemistic phrases, and his meal
ing was plain. When Mr. Madison asserted the
modern Interpretation in 1859, he was assalled'
what" said Virginia member, what, author
lie in free Republic, by law too by your first act
the existence of dangerous royal perogatlve IN your
Chief Magstrate When honor and virtue ought to
be the support Of your Government will you muse
and cherish meanness and servility in your citizens
and nsolence and arbitrary power in your Chief Mags
tratel Does increasing the power and multiplying
the dependents of the President diminish his response
bilityl" The Senate ruled otherwise by the casting
vote OF Mr. Adams, who always favored a strong
government Mr.. Hamilton accepted the fact that
his construction had been rejected by the Legislature,
and that t was settled in practice that the power oil
displacng belongs exclusively to the President. lie
never however, changed his own construction OF the
article Ten years later, during his Presidency the
elder Adams wrote thus to the Secretary of War:
"s not upon the act of the Sd of March ultmo that
ground tho claim Of an authority to Gppont the officers in
question upon the Constitution itself Wherever there
Office that not full there Is vacancy as nave ever
understood the Constitution
Gen Hamilton was consulted by the Secretary,
and replied:
After mature reflection the subject of your letter
OF the 26th Of last month. am clearly Of opinion that
the President has no power make alone the appoint
men, Of officers O. the battalion which is to be added 10 the
Second Regiment of Ariilerists and Engineers n my
opinion vacancy relative term, aud pesup2oses tn tue
Office been filed IL the power TO I'LL vacancy
Is not the power make original appointment Inc terms
tbh happen confirm this construction lhey
imply casualty and denote such Offices as having once Dee
filled have become By accidental circumstance ms
at least; familiar and obvious sense and In mat
ter Of this kind could be advisable TO exercise uOuD
mi authority 1t clear that independent Of the authority Of
special law the President cannot MI vacancy whcn nap
pens during session OF the Senate
The President yielded, and special lawwas passed
Having thus shown the spirit of the con-
sttutional article on executive appOintments-we
think IL wise to return to that spirit and reverse the
early decree of the Senate on the question OF removal
"A decree which has in these latter years produced
pernicious results. The construction of Mr. Adams
was not intended arrogate to the Presidential office
a royal prerogatiye. Presidents in that time felt that
their powers were for the general welfare, not for the
erection of political compscts. What" said Jefier-
son, remove my old friend because he opposes me
and admires Burr | would rather divide my last
hoe.cake with him." Men should not be placed in
office AS a fayor-but to do ofice-work-to labor for
their daily bread. Competency and faithfulness are
the only essentials Opinion in politics should be Of
As little moment as opinion in religion.