New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-08
REMOVALS AND APPOINTMENT
PRRsIDENT AND SENATE.

The UOrid and The Times simultaneously assail the
positions taken in our article on the Right and
Wrong of the issue which looms the horizon Of the
future between the President and the Senate Of the
United States-or rather, they assal certain positions
which they have chosen to substitute for ours Let
Us try still further to eucidate the matter. Here
the material facts:
|. The Federal offices are now filled mainly by
members of the party TO whom both President and
Senate owe their respective positions.
III. Between the President and the Senate there is
a very decided divergence Of views touching what is
called Reconstruction; and this divergence may
result in positive antagonism.
Ill In view of that divergence, large part of the
Federal officers (no matter for purpose hop large
decidedly sympathize with the Senae-as, are con-
fdent do still larger portion of the party to which
President, Senate and Federal officers alike owe their
power.
". These officers are frequently told that they owe
their Offices to the Presdent-that they are eating
his bread that if they choose to oppose his poll
cy" they must expect to surrender their Offices to those
who will heartily sustain that policy.
V. The Federal Constitution, in the only clause
bearing upon the subject, says Of the President:
e shall nominate aud by and r ii, adries and consent o.
m, senate appoint all officers OF the United States whose ap
pointnents are not otherwise provided fol"
Now then, we maintain, upon full view of this
state of the facts and OF the law that the President has
no right to remove from Office these funconaries be-
cause they hold with the Senate, with Congress, and
with the great mass Of the party which elected both
President and Congressional to do this in the recess
of the Senate would be to violate the above Constitu-
tonal provision at least in its essence, its spirit its
plain intent and purpose-and that the Senate have
rights in the premises which such prescription would
disregard and defy.
Now let us hear The World on this matter:
Io amendments TO Office under the Government the Con
stition three distinct steps or Stages. viz:
The which Is vested solely in thePresdent
80 The appointment; which also belongs TO the President
but reqnires the concurrence OF the Senate.
- The com mission which Is the Presidents sole act
THE initial and the final step In appointment being
Tins given 10 the President the Constitution guards him
petey against the necessity Of toenting in office person
he does not improve inquire at what stage OF this triple
process an APPOINTMENT becomes complete shall easily test
The propriety OF the advice applied to the partie
patton Of the Senate II Is too obvious for remark that the
does complete the appointment Does the ac
ton of tho Senate Unless the word advice eve thank
THE TRIBtyE IL unmeanng or means something wholly IN
consistent with usage the appointment stu remains 10 De maze
ton they advise the appointment the President has then
power make IT, and commission the officer The action
the Senate being In the nature advice pecessary pre-
codes the appointment which the President then free 70
make Oh not A. hs chooses. 80 =,
when vacancies occur In tho rccess Of The Senate tho