The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-03


II the President had control only of his person al
acts, and not OF those OF his subordinates, il
would be absurd to hold him responsible (as the
Constitution does) for the faithful execution OF
tne laws. In that case, instead OF being vested
with the whole executive power, he would ONLY
possess that insiPnificant traction of II which
he can exercise without the aid OF others. This
power to remove sUbord mates necessarily re.
suite from the fact that he is clothed with the
whole executive power, and that it is made his
dutY TO See that the laws are faithfully executed.
III his, subc1dinGies refuse compl ance he is
powerless to enforce the laws, and the responsi.
bi1ty with which the Constitution clothes him
ceases, unless he has power to displace tue un.
faithful or contumacious officer.
lt is now proposed to strip the President of
this necessary poweT-a power exercised by
every President from Washington down-and
prevent removals from Office during the recess
of Congress. Mr.. Trumbulrs amendment is in
the following words:-
"No person exercising or performing che duties of
any office, which by law is required 70 be filed by
the aovice and consent Of the Senate shall before
confirmation by the Senate receive any salary or
compensat on for his services unless he be commits
sioneo by the President to fill Up vacancy which
has during the recess of the Senate and since its
or expiration OF term"
That is to say, no vacancy shall be filed
which may be caused by the Presidents re-
moval OF the incumbent! There can be no
questit n that this is the intent, and would be
The effect of this amendment; for no officer can
be expected to serve the Government without
pay. 1t is as direct an attack on the Presidents
power OF removal, as withholding the salaries
OF the Judges would be on judicial ndepen-
dence. But II the President cannot remove
uniaithtul incompetent, or contumacious OIL
GERS, he is diYested OF the executive DO Wer with
which the Constitution clothes him. II the
executive power or any part of it. is to be exer-
cised by officers whom be cannot control, he IS
stripped OF his constitutional functions, which
are tan ferred 10 the officers who NAV with
impunity defy him, or to the body to which
ncIbl
stltutlonal unity of the executive authority is
thus broken, and the President rendered pow
erless cipher in the Government.
For II the power OF removal may be annulled
in respect to one class of officers, it NAV in
respect to all; and the President, who, in our
widely ramlted system OF administration, can
act only through his subordinates, might be
dlvested OF all executive authority The ire.
movable Secretary OF State and his irremoyable
subordlhates would manage the Department of
Foreign Affairs as they pleased against the will
oil helpless President; and so with the Secretary
OF the Treasury, and so the Secretary of War and
every department of the Executive Administra-
ton. But as every executive power (except that of
nominations to o1fce) is eXerted through some
one oil the departments, the President would be
completely denuded OF all independent autho-
nty, except that of sending in nominations
which the Senate is at full liberty to reject. It
would be complete absorption of the execu-
tive authority into the Legislative branch of the
Government, III defiant disregard of the cOnsti.
tutiOnal declaration tnat the executive authority
shall be vested in the President, and that she
shall take care that the laws be faithfully exc.
cuted.n
The Constitution provides that, .the Presi.
cent shall have power TO fill up all vaCancles"-
not merely those which NAV take place by other
means than removal ito ill up all vacancies
which may happen during the recess of the
senate, by granting commissions, which shall
expire at the end Of their next session." The
revolutionary radicals propose to nullify this
part oil the Constitution, by refusing TO the ner.
sons so commissioned any pay for their services,
Congress would have Just as much right to cut
on the salary OF the President, or those of the
Justices OF the Supreme Court. To say that
officers appointed to fill vacancies shall receive
no compensation is equivalent to saving the va
cancies shall not be filed: which is in the yery
teeth OF an express declaration of the Constitri-
tion. According to this revolutionary scheme.
u an officer is embezzlIng the public money; ii
he is indolently neelecting his duties: If he is
violating the law or the regulations of the de.
partment OF which he is a subordinate: if he is
beastly drunk every hour of the twenty-four
when he is not asleep; if he daily reviles the
President with toul-mouthed rbaldry, the Presi-
dent must not remove him, or If he does il
must be by suppresslng the office at the same
time he dlsplaces the officer, since it is virtual
mterdlct on the appointment of a successor
And why is the Constitution to be thus yio-
lated? Why is President Johnson to be thus
dealt with as no President was ever dealt with
by hostile Congress before? For no other
reason than that he is a friend of the Union.
and desires its speedy restoration. 1t it because
he will not lend himself as an instrument to
keep it sundered and discovered. The veto
power is already virtually annihilated bv ex-
cludlng from congress States enough to render
IL effective; and now the executive power of the
President is attacked, and, if the scheme sue
ceeds, will be annulled, by rendering his sub
ordlnates indenendent of him, and making it
safe for them to thwart his wishes and cOntu-
maciously resist his authority.