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

The tendency Of the present discussion upon the
limitations of executive power goes to show that IN
many respects it is an open question In the early
history Of the country it was contended by leading
statesmen that the power Of removal and appoint
ment was jointly held by the Senate and the Execu-
tive just as the treaty making power il now held H.
those DAYS however, our national politics had not
been degraded TO the base of making Government
service the reward of political subseryiency. 1t was
reserved for President Jackson to give the Constu-
ton violent interpretaton-to assume that his per-
sonal will should govern every official selection; that
men who had served the nation faithfully, who bore
the scars of honorable battle should be dismissed from
the national service because they did not share his
opinions about the honesty of Nicholas Bddie. or the
virtue of Mrs Tmberlakc. The Democratic domina-
ton was too glad to accept the imperous will of this
resoute man as an element of political strength-to
recognize as an axiom the debasng sentiment that ito
the yctors belong the spos." The abuse has been
tolerated partly because the power has never until
now seriously menaced the Union, and partly because
it was pleasant abuse in the hands OF power Power
never wishes to tie its hands 10 invent restrlc-
tons.
Now. however when we are reconstructing the
Union and remodeng the essential conditions of gov
eminent, it is proper to look into this question OF
Executive appointment. President johnson expresses
great sympathy with precedents so far they control
his enemies, and equal sympathy with new lnterpreta
tons when they answer bis own views. He has made
the Presidency Tribune" and finds warrant for ex
ercisng trbunitia powers Ii is, perhaps trbunitla
exercise of power TO remove all men from Office who do
not indorse certain views upon Reconstruction, and to
strengthen the hands of the enemies of Congress by
consulting their wishes in dsposng OF revenue and
diplomatic appointment. President Jackson thought
so. President Jackson good authority on Indian
and military matters. In question OF constitutional
law, we prefer other statesmen,
The Constitution declares that the President shall
have power to fill up all vacancies that may happen
during the recess of the Senate by granting commits
sions which shall expire at the end of their next ses
sion" Marx the words may happen" The Con
stitution here specifies the only case in which the
President may exercise the absolute power of appoint
ment In plain words if the President believes that
an officer is incompetent or dishonest, he can nomi
nate n successor and submit 70 the Senate such nom
nation in order that he may have their "adviee'
upon the incumbents unftness, and their consent
to a change. This Senatorial limitation was the
thought of Alexander Hamilton. In Hamiltons first
proposition of constitution, submitted to the Con-
yention on the 18th Of June, are these words ITO
have the appointment of the heads or chig officers Of
the departments of finance war, and foreign affairs
TO have the nomination of all other officers (embassa
dors to foreign nations included) sped TO The aPpro
baton or rejection ofthe Senate" This provision was
modified in his full plan of a constitution, to read;
lie shall have the appointment of tho principal or