The Portland daily press., 1866-05-08
To Advertisers
Executive Patronage.

growing evil arising out of the distribution OF
public patronage in this country. The Presi-
dent, who was designed by the founders OF
the government to be merely our first citizen,
has gradually become possessed OF enormous
political power. The evil has grown with the
growth of the country and the natural III
crease in the number of profitable oliices In
the gift of the government, ard has been i'm
mensely augmented by the necessities grow
ing out of the war. A swarm OF united
States officials has been called into existence
for the collection of taxes, the administration
of Justice at the South, and the greatly in
creased clerical labor at the capital.
Hitherto the matter has generally been con-
adhered as a necessary evil. The policy inau-
curated by Jackson has been so long and so
uniformly followed that most men have quiet
ly conceded to the President the right, when
the Senate is not in session, of removing pub
lie officers without cause and almost without
limit. The few who questioned the Presi-
dents constitutional right, yet despaired OF
finding a party with courage and integrity
enough to 60 before the nation on this issue.
The result has been that the officers of the
government, the servants of the people, have
come to regard themselves and to be regard
ed as the tools of party. More and more
the question of a mans personal fitness for
any office has been merged in the question Of
his "elaim" to reward for partizau SERVICES
1t is no disgrace to any man to be removed
Goo Sc hat
removal and appointment depend on political
opinions and not upon merit or dement,. Yet
nothing is palmer than the fact, that the peo-
pie who pay for public service are entitled to
be well served; and that spoilsmen who re-
gard their salaries as payment for services al
ready rendered are not likely to attend faith
fully to their present duties.
Another idle fallacy has come to be regard
ed almost as political axiom: that the Pres
ident must have the right to select the agents
to carry out his policy As lift were the duty
of all the postmasters to carry out the Presi-
dents policy instead of minding their mail
bags! The President has a right to his opin-
ions like any other citizen. He has no right
w - POuSy. Ills OS.ty 10 Silnpiy w SACSooS
the laws made by Congress and interpreted by
the Judiciary; and that duty in country
like this may task the strength of the strong
est man, if he performs it faithfully.
Well, at last we have reached juncture,
where the President, strengthened by this
vast concentration of power, undertakes to
defy the houses of Congress and control their
legislation by displacing their political and
personal friends throughout the country. Out
of this misfortune great good will grow, if
the assertion of such power shall lead to
scrutiny searching enough to overthrow it.
The article in the Constitution which touch
es this subject, provides that the President
"shall nominate, and By and with The adrice
and consent of the Senate, shall appoint Am
bassadors, other Public Ministers and Con-
suls, Judges Of the Supreme Court, and all
other officers Of the United States, whose APP
pointmen5s are not herein otherwise provided
for, and which shall be established by law;
but the Congress may by law vest the appoint
ment of such inferior officers as they think
proper, in the President alone, in the courts
of law, or in the heads OF departments" and
proceeds to say,
The President shall have power to ell up all
vacancies that may happen during the recess
Of the Senate, by granting commissions which
shall expire at the end OF their next session.
The whole question turns on the meaning
Of these two words, ''may happen" That
the authors Of the Constitution did not intend
by these words to grant the power Of proscrip-
ton for opinions sake, is proved, if proof
were necessary, by Hamilton's paper, No. n
of the FederGlist, written before the adoption
of the Constitution. He says, speaking Of the
Senate F
The consent of that body ,couJd be aecessa-
~ TO dSsptdce as aoel, as to appoint. A change
OF chief magistrate therefore, would not occa-
sion so violent or SO general a revolution as
might be expected if he were the sole disposer
of Offices.
The Constitution Itself is still more explicit
in another passage. In providing for the cleo
ton of Senators the Constitution Says
IF vacancies happen by resignation, or 9TH
elwise, during tie recess OF the Legislature CT
any State, the Executive thereof may make
temporary appointments until the next meet
ing OF the Legislature, which shall then fill
such vacancies.
Here the word "happen" recurs in con-
text which leaves no doubt of its casual mean
ing. The Constitution must be interpreted by
its own light, so far as possible. If this pro-
vision does not give the Governor of a State
authority to remove Senator, then the other
o;yos +bo praeidopf M riubt IN rap,ova opu nc
hcer except for cause.
How then, one wonders, has this injurious,
enormous abuse grown to its present magni-
tude! by degrees, like every other evil. The
first Congress which assembled under the Con-
stitution debated this very question. The de-
eision which inaugurated this policy was made
by the casting vote of Vice President Adams,
so equally divided was the Senate in 1880 and
there is no doubt that the general confidence
in Washngton's good Judgment and integrity
largely influenced the decision. Ten years la
ter Hamilton wrote to James McHenry,-
The terms (which may have happened"
imply casually and denote such (ofiiCesl as
having once been filled have become vacant b,
accidental circumstances.
The subsequent action of Congress served to
strengthen the hands of the President Dur
ing forty gears however, the whole num-
Der of removals did notexceed 70. UNTIL acb-
sons accession to the Presidency, the power
thus granted by Congress was not used to pun
ish or reward partisan offences or services
Jackson inaugurated the first wholesale pros
cription and his bad example has been too
scrupulously followed. More than two thou
eand officers were displaced without cause in
1929. From that year office-seeking began to
be profession.
Fir. Trumbull's amendment designed to
reach this matter, ought not to have been tack
ed on to an appropriation bill. The measure
is strong enough to stand on its own merits.
Tie amendment as passed, reads thus: