The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-08-22


Congress, and before single Office had been
created by law, decided, after full discussion,
that the power of removal is conferred on the
President by the Constitution, being necessary
incident OF the executive authority; Ana IN
regard to vacancies in the recess, the Senate
itself decided, in 1922, in connection with the
newly created South American missions, that
the words, "all vacancies which may happen
during the recess of the Senate" mean vacancies
occurring from DEATH resignation, promotion,
or removal.
The Tribune might find ii TO its advantage to
look into the Statutes at Large. as specimens
of what it may meet in them, we will nal ke two
or three citations. The act creating the De-
partment of State contains the following pro-
vision:-
Tbere shall be in the said department an inferior
officer who, whenever the said prnci-
pa officer shall be removed from office by the Presi-
dent OF the United States or in any other case OF
vacancy, snail, during such vacancy, have charge
and custody etc.
The act creating the Treasury Department has
the following:-
Whenever the Secretary shall be removed from
any other of vacancy in the office of Secretary.
the assistant shall, during the vacancy, have the
charge and custody, etc.
In the act creating the War Department we
read:-
There shall be in said department an inferior
officer, to be appointed by SAID principal officer
who, whenever the said principal officer shall
be removed from office by the President OF the
United States, or in any other case OF vacancy,
shall, during such vacancy, have charge and Gus
tOdy, etc
Be it observed, that Congress do not assume TO
confer this right of removal upon the President,
but recognize 1t as existing Independent OF their
authority. The debates show that this form OF
mere recognition was deliberately chosen be-
cause Congress were of opinion that the right
of removal resulted Immediately from the
nature of the executive power. The executive
power is not conferred upon body OF men, but
upon a single individual; and if his subordinates
are independent OF him, as they would be if
irremovable, instead of having the whole eXecu-
tive authority, the President would possess
only the insignificant fraction of it which he
can exert in person without the assistance of
other officers.
When General Jackson dismissed Mr.. Duane
from the Treasury Department because he re-
fused to remove the deposits from the United
States Bank, and appointed Roger B. Taney in
his place, the Whg party raised a more up
roarlous outCry than has ever been directed
against any other President before or since.
The Senate passed a vote of censure (the same
which Colonel Benton afterwards got eXpunged),
the President protested and Mr.. Webster, who
led the opposition, in his speech against the
protest. sald:-
In the first place, then, have to say that did
not vote for the resolution on the mere ground of
the removal OF MIR. Duane from the office OF Secre-
the removal altogether, yet the power of removal
does exist in the President according to the estab
lshed construction of the Constitution; aud there
fore, although in particular case it may be abused,
and in my opinion, was abused IN this case, yet its
exercise cannot Justly be SAID to be an assumption
usurpatIon. We must all agree that Mr. Duane
is out of office. de has therefore been removed by
a power constitutiOnaly competent to re move him,
whatever may be though of the exercise of tnat
power under the circumstances of the case.
1t seems superfuous to accumulate authori-
ties, when the whole usage OF the Government,
supported by the express sanction OF Congress,
is all one way; but the following quotation from
a letter of President Jefferson to his Attorney
General, Levi Lincoln, OF Massachusetts, shows
that President johnson has distinguished pre-
Cedent to follow, if he refuses to tolerate blatant
opposition to his policy in those who hold office
under him.
"ro these means of Obtaining a just share in the
transaction of the public business shall be added
one other, 10 wit removal Tor eecuonceIing activity,
or open and industrious oDpos uOn to the DrInci-
piles of the present Government We
should betraY the cause committed to our were
to permit the influence the official patronage
to be used to overthrow that cause. Your present
situation Will enable you to judge of prominent
offenders your State in the case of the present
ectiOn. ray you to seek them, to mark them,
to be quite sure OF your ground and leaXe the rest
to me. think IL not amlss that II should
be known that we are determined to remove Off
GERS who are active or open'mouthed against the
Government.
Against the uniform usage of the Government,
supported by the established Interpretation of
the Constitution, by the language of numerous
acts of Congress, and by such eminent authori-
ties as we have quoted, the Tribune finds nothing
more solid to urge than its pititul quibble on
the word ''happen." Vacancies caused by the
Presidents removal OF the incumbent, it con-
tends, do not "happen, inasmuch as this word
implies something dcCidentdL-somethingw which
is not the result of purpose. That learned
journal makes a distinction between the word
''happenn and the word occur" But if the
editor will take the concordance to Shakespeare
or a concordance to the Bible Cor consult any
other recognized source OF good English), he
will easily convince himself that "happen" is
more frequently used as the synonym of
occur" than IN any other sense. Itsis SAID, Tor
example, that Christ "took the twelve and began
to tell them what things should happen unto
| him;n and he proceeded to inform them of his
coming cruci6xion and resurrection, neither of
which can be very well regarded as accidental
| occurrences. So the disciples on their way to
| Emmaus are said to have conversed on the
things which had happened" meaning the
resurrection and subsequent appearance of
| their Master. And so when Peter cured the lame
man. the people we're filled with amaZement AT
that which had happened unto him." When the
Tribune puts forward such ridiculous bubbles
as a serious constitutional argument, it must
| teel that it has a sinking cause to support. II
is a drowning man catching at straWs.
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