The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-08-30
Removals From Office.

1t is quite likely that the question of Gov
eminent appointments to Office will soon
receive attention at the hands of the courts.
Congress having failed to do its duty by
passing law explanatory of the clauses in
the Constitution bearing on that subject, the
courts must decide whether that instrument
is really the law of the land, or whether
precedents and customs of various past ad-
ministrations, paying no attention to the
written law, shall prevail. Attorney Gen
eral Stanberry is said to have given the
President his opinion chat he not only has
power to turn out present incumbcnts and
appoint others, but he also has power to re-
appoint those whom tue Senate have reject
ed. Let US read the law OH this subject
The Constitution says, Art 2, Sec, Q: ''And
he shall nominate, and by and with the con-
sent and advice Of the Senate, shall appoint
Ambassadors and other public Ministers
and Consuls, Judges of the Supreme Court
aud all other officers of the United States
whose appointments are not herein other
wise provided for and which shall be estab-
lished by law. The President shall have
power to fill all vacancies that may hap
pen during the recess of the Senate by
granting commissions which shall expire
at the end OF their next session. So, really
tie President has no power to appoint at all
during the session of the Senate; he can
only nominate for the advice and consent
of that body. During the recess of the
Senate, If language means anything, he has
no power to remove any Office holder whom
soever. He can only fill a vacancy created
by death, resignation or other disability. 1t
is useless for Attorney General Stanberry
to point out what had been done by other
Presidents. The ignoring of a written law
cannot repeal that law 1t may not be en-
forced, but when appealed to, it must be the
law OF the land, and govern the courts and
jurles. Ii 1T were not so, criminals need
only point to the fact that law has not
been enforced to defend or extunuate their
crimes
We advise every ofice-holder coming uu-
der the Presidents guillotine this fall to re,
fuse to vacate his position, and to test by
concert of action the Presidential power.
The offices belong to the country, not to A.
Johnson, and this, we believe, the courts
will decide, if the question ever comes be-
fore them.
We take the above from the Chicago
Tribune, and in this connection we will say,
that our attention has been called to an ar
gument and review of this question of re-
movals, by Hon. Daniel Webster on con-
stitutional grounds in which he arrives at
directly opposite conclusion from this pet
tifogger, Stapberry. Most men will admit
that the opinion of Daniel Webster on con-
stitutional questions is entitled to as much
weight as that of any other man this coun-
try ever produced, both as Statesman and
lawyer, not excepting even this man STAN
berry, whom President johnson has appoint
ed Attorney General, who six months ago
was never heard Of outside of his own schoo
district. In his life time Daniel Webster
was never accused of radicalism, but we
presume, under the new light that has
dawned upon the present administration, he
would be styled most dangerous and dis
organizing radical.
Mr.. Webster goes right to the constitu-
ton, and proves beyond question, that the
President has no power or authority to re-
move an incumbent from office, who has
been appointed by and With the advice and
consent OF the Senate. We shall try and
make room for portion of Mr. Websters
Argument next week. In the meantime
we join with the Tribune in the advice to
office-holders coming under the Presidents
Guillotine this fall, to refuse to vacate, and
TO test by concert of action the Presidents
power"