New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-08

Constitution provides for filing them by dispensing WIN ,h,
Grst two OF Inc three ordinary steps and authorizing he
evident that the only way the Senate can oonson1y have
voice every appointment made during the whoo Twelve
months is to remain in perpetual session.
SO far as we are able to understand The UOHd 1t
here catches at the word "advce" in the Constitu-
ton as if it stood alone, or as if consent were
mere iteration of it. But such is not the fact. The
Senate must both advise" and " consent to NOM
inaton to give it validity. Simply to ask its "adglce'
with predetermnation to disregard it if not agree
able does by no means exhaust the Presidents duty
in the premises. He is to make appointments SUBJECT
TO the Senate's advice" and with its free " con-
sent"
But when vacancies occu," says The World, they
may be temporarily filed without the SenateS con-
sent" We presume that to be so, from the necessity
of the case, provided you do not strain the word oc-
cur" Is The Uord aware that it has been settled (ln
the case of appointments Of T. s. SenatorS that va
cancy may eIist in recess which nevertheless cannot
be filed because il did not really occur in that re-
cess If an Office falls vacant in the recess OF the
Senate by the resignation or death, or proved inca
pacity or indelity of the incumbent, we do not con-
test the Presidents right temporarily to fill it, What
We maintain Is that for the President to remove in the
recess of the Senate officers to whose appointment the
Senate has consented in order to fill their places
with Others to whose appointment he is well aware
that the Senate would not consent is fagrant abuse
of power and plain defiance Of the spirit aud intent
of the Constitution. That was our original positions
and we cannot see that The Hord has even looked 1t
fairly in the face
The n. T. Times thu, Enthusiastically meets our
position:
absurd as the argument must confess that appears
Mr. TrGmba's amendment. The object Of the amendment
every in the country understands IL Is not 70 pfotecs
evidence OF their having been in Jeopardy not to prevent
improper appointments for there Is no allegation tha fresl
person any Office at his disposal 1t is simply and solely 10
annoy tho President subject bis action to vexaous re-
him to deprive him of authority vested in him by the
Constitution and with the lawful exercise OF which no
TmE TRIBUNE hypoCrtically trusts that the occ C..
sion win not be seized BY the President 20 Td SIaa slG
we're in this instance entirely the work OF Sehatoiu
majority intent upon the qualification Of pairy maee WIN
no petense that the President has abused his authority ana
should therefore be made subject TO oonds BG, pa
ally palaabe MI Trumbul and hs friends ana therefore
thew insist that the Presidents hands shall be tied that they
NAV be masters of the situation What this in plain terms
but uurpeton, originating in sinister motives ana
as an insult TO the President And IHE TRIBUNE while
act sheds crocodile tears in anticipation OF its
Inevitable result.
Diseedae and mpotic as the proceeding Of the Senate
H. as between itself and President Johnson II IL yet worse
when considered as influence the adminis Of
public ann ra ZEN 70 nce and there are few
among the more thonght Of statesmen who would not
wan rs zee OF h. Kind hp~ey it is not pretended
Mr. Trumgs amendment has the slightest
an act by rendering office holders Of GER
s hn s.ena 70 ecsney aud integrity The Executive
charged with the responsibility Of working tue macp'1s ea
% n"xet I" hold sabsrdnaes in check
move them when In his aasmsh. emo S,.. os 70 he
Of the Senate OF the character and capacity of the
latter me neoe o. ' e assspaSt il has met no de-
NAL without il would be guarantee Of harmony or
Ssr po.masr who ssppens to be one OF bis Radical
friends ha not be removed ,' w. ma. r his duties
he NAV b. he may be dishonest insult
and defy Us ne 81 5e csrmcpP md to SANDER
he Executive ell this he may be aad do without et or
OF power 10 aPpO'n "a No. i.pi ucsatiye 10 Official neg