The New York herald., 1866-09-20

multiply TO show the conscaueusss ~n,-n sns
verbal construction leads but prefer 70 rest the qoos
ton upon higher grounds The true theory of the
sttuton 10 this particular seems 10 me 10 be this That
AZ 10 the executive power II Is always TO be la ation
IN capacity for action, aud that 10 meet this necessity
there Is protection against vacancy Ia
the chief executive Office aud against vacancies in
all the subordinate Offices and at all times there
power 20 n such vacancies IL Ia the President whose
duty " 20 see that the vacancy Il aed II the senate
y 10 session they must assent TO his nomination IL the
Senate 10 not session the President Oils the vacancy
alone All thai - to be looked 10 4 that there ha
vacancy no matter where II nrst occurred, and there
must De power 10 h y II y should have been Blled
while tho senate ~ session. but not then led,
that omisaon was no Tor longer delay FOR iho
pnhtr eugency which requires tho 0nlcer may be
,ogent aud more coseDt during the recess than
aallhs tue session repeat q, wherever there IN
vacancy there 4 power nh il This
power u Ia the President With the assent OF
the senate while that body session, and
Ia the lrcHdent alone when the senate Il NOT n session
There y no reason upon which the power II a vacancy
can % hmnod by the state Of ihlnSH when II
6rst occurred Gu tie contrary tho only inou,ry n
as 20 the STATE o things when alled For In
tahee' taAe we caae of vacancy which does
tho session BE- ina. II The verbal construction /.
sound, such vacancy may he nied by tho prosldont
without the consent of no senate y,he M scnsia ~
Ia session but no one maintains that position ~ admit
that whenever there " existing during III,
aoFson whether il arst occurred IN the fesass ~ an.y
the session began the power 10 on requires the
action of the President and Senate II seems necessary
corollay g this that where The vacancy exists The
ccrs, whether II nrst occurred IN the tho
preceding sasson the power 10 0il Is ~ the Preadent
alone, Il durng The reccss the power a 10 tho
President : + nowhere, aud there is time when for a
season the President IN required 20 that the laws
executed and yet dcned the very means provided Tor
mon ese ,tion. y y argued ny those Who deny tha
power % ne Pr'sden that 70 allow u would dappont
tho clear intent 70 give the Senate participation IN ap
pontmen's to once y y said that u The President can
ny hA own nc M vacancy which occurred during tho
session hc may, 20 disposed wholly omit 10 nominate
an 'ief dunns N Fcsson aud leave aIl such yacan
cl.H open and tn"n MI ihem ~ tha> recess Indoubt
edy tho Pres dent may do a that and may Intentionally
apise t ms poMer Ihr anhwcr 70 thih objection ~
obvious IN lhu hftt place y NAV be said that snRu.
menti a'a ns the existence ot power founded on it's
~ an,se & NM ,o sa aeery II lhey we're then
an objection against ay control by tAe senate tho
~ lneh.A as".nlmens sold be equally coseni, TO-
~ may I'M no wv. ,he sehais nisnt refuse 10 con
sent 70 every appointment made by tho Preidn NJ
any TPiuPlatVh ~ Iay .h' ~'at,n oi pmoefs, aLd
~, 49, ''1s ,, ~ Z Z"n~vus !, w po"0 - 'Nosnt9 mo
Nv ~, - nc ,o.oua Ia,s ! w Msamon, founded on
ue Pnfelnlv ,puhe - pi"oIi y houhdi ttn y may
.lu,.1 49, 4 "'eut "sAnat uip pVHNr y tue rfrl-
M w, ~ ~ y ny w ~ h.p haa Ai.sI
fecee-, may remove every ohcer, ciyil aud mi-
Wy, Nuose tenure y "Me' ~ during good
oahashL hnu mug create NWhhlNn ln Nc recess,
=, n,,c ~ ~, y, ~, "m" ,lp,aul" ~ me- AZ
pop'u'hs &c :" continue IN lba cnl ~ th1 neat Sos
sion of the seaat' tno PRESIDENT might omit TO mako
any nominations ~ the mate, and ihen IN the ensuing
recess rcappoint the same otner officers and thus
teipaiiou the part of the senate TAX. for grant
ed that tins unlimited power u removal belongs 10 tho
President, thaagh an quite vol that some arc
stll found 10 deny t. and to rollorato Arguments iced
without avail Tor nearly eighty years and % keep open
the government rhis very posef of removal comes
with signal 10 ad of ihe power or appoIn mon,
Ii IN Precedent can make a yafanty al ali tir,es no
must hayo VIC ooHclauye power to OH Tho
vacancy at an tmcs. 10 avoid the mischief
of bad oflepr he had all times tho power
% create vacancy, bui II be great perhaps
gtcaier mgchcl H. have vacant onlre or no ONCE. az
all than % have bad or inefficient officer Why then
allow him ~ all tnos the power to correct the mischief
Of bad officer BY . removal and deny hm the power
all times TO correct the mlaehief vacancy by
Pie ldcnt nl yncanc, n ihe rrcesn whqh began IA
ths session. foanaol % supposed gaard from
usurpauon by III ftoaldent the proper au,hunty of
the Senate, amounts to n0ihn Nhen W. conailer how