Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-05-09

Limitation Of Presidential APP
POtmtments.
The Senate last week passed by decide
majority the following amendment to the Pos
Office appropriation bill
"No person exercising or performing the du
ties of any office which by law is required to b
flied by the advice and consent Of the Senate
shall, before confirmation by the Senate, receiv
auy salary or compensation for his services, IN
less be be commissioned by the President II
bill up vacancy which has, during the reces
Of the Senate, and since its last adjournment
happened by death, resignation or expiration o
tenn.
The object of this amendment was to pu
some restraint upon the politic4l exercise 0
the appointing power by the President during
the recess of Congress, in removing Officials
for their hostility to the Presidents scheme 0
reconstruction, to make places for those who
are ready to lick the hand that feeds them
Several Republicans voted against this amend
menr, not because they objected to the princi
pl-, but because they were opposed to tsckine
it to en- appropriation bill. Senator POLAND
voted for the amendment, but afterward moved
reconsideration of the vo:e passing it. Hi,
actor. is hus reported
The appropriation bill having been recalled
from the House, MIR. Poland movel to recon
sder the vote by which 1t passed. He
looked upon The amendment put upon that bill
as revolutionary. Congress might as well re-
fuse to appro pirate money o pay the salary o.
The President TO refuse to pay the salaries OF
Ulcers appointed by the President. He wish
I'd his motion to lie on the table until the bill
now IN course of preparation in relation to ap-
pOintments was presented to the Senate"
What the bill is which is in preparation we
are not yet informed, but we presume it is &c.
signed to reach the same OBJECT reached by this
amendment, and very likely Sen tor Poland will
vote for such bill when presented. We can
not quite agree with him, however, that this
amendment is revolutionary" If the Presi-
dent has any right TO remove an officer during
the recess of Congress, that right is given him
by these clauses of the Constitution
81 The Executive power shall be vested in a
President of the United ) ates.
And ne shall nominate, and, by and with the
advce Of the Senate, shall appoint AMBASSADORS,
other public ministers and consuls, Judges OF
the Supreme Court, and all otr er officers oil
the United States, whose appointments are not
herein otherwise provided TOR, and which shal!
ne established by law ; bet the Congress may
by law, vest the appointment of such inferior
officers, they think proper, in the President
alone, in the Courts OF Law, or IN the heads OF
departments.
The President shall have power TO fill 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.
Strict constructionists-and President John
son and hi, friends claim to be par excellence OF
that number-will have some difficulty liz de
rivlng from the power to appoint by and with
The advice and consent of the Senate" the
right 10 remove without the advice or consent
OF the Senate, whether that body be In session
or not. Nor Is it quite easy 10 how the
power to fill a vacancy gives the right TO make
a vacancy. Governors OF most States have
the right TO appoint u. s. Senators 10 FL! va
c4neies occurring during recess OF the lesis-
iature but no one has concluded from this that
these governors could remove U. 5. Senal or
In the early history of the Republic it Lot
supposed that the president could remove, any
more than he could appoint an officer, without
the adv ce ard consent of the Senate. But in
later years presidents have generally acted up
on the theory, tat the power Of removal from
office rested absolutely and without Limitation
with the executive, while the Senate were only
to be consulted respecting appointments. How
little reason here such perversion of the
Constitution, we have already shown.
s. far the great majority of the office,
themselves concerned, it is a matter o
small conseque nee whether they held by
Republicans or Democrats. We never helc
in very high esteem the camp-followers VIII
are found near every victorious army, anC
whose interest 10 the battle is wholly centres
in their chance for the spoils. Blu: il the spoil,
of victory to be distributed at all, they
ought to be gwen where the great bulk of the
couquering army orders, and not where the
commanding General may please to designate
More especially should this be done wien tina
general proved traitor to the very cause
for which ne fought the winning battle, and i
using The advantages ne has galced, to debaucI
and bride such Of his venal and mercensry iol
iuweTs,as he can by these means hire to go Owe
10 the enemy. President johnson now ap
pears to be intent upon using the vast patron
age Of mis- office to reward those who are will
ing 10 sell themselves for the messes of pottag,
which he has TO distribute, and this action o
the Senate was intended TO prevent his doini
SO in an illegal and unconstitutional manner
We should prefer that the measure should b.
adopted by itself and not be made part of al
appropriation bill but in some way Congress
should dec are that the Senate is to be consult
ed in removals we'll in appoln; ments
The one-man power in this government is quit
large enough, and We should welcome ont
o. me mos. b5nefcent reforms, constitution
al amendment providing that the great MAORI
~ Q, the executive officers now appointed a
W ashngton should be elected directly by thu
people. Blu, there is very little hope tina
such wise restriction of the appointing pow
er will be made, the people have the right t.
demand, as the least that ought to be done
that Congress shall insist upon the Consttu
tIoDal right of the Senate to advise and con
sent respecting the removals of all officer
whose appointments are made 9 by and with
the advice and consent " of that body. Wher
such a measure is presented in the Senate W,
expect TO find both our Senators earnestly ia
voring it.
The Test Oath.