Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1866-05-11
The Presidential Power IN Appointing
and Removing OmciaIs.

Senator Trumbull, on Monday, asserted that
this question did not involve tht right Of the
President TO relieve or appoint othcers, as had
been charged. lie reminded the senate that an
act had bren passed ia February, 1868, Great
ing the office OF Comptroller Of the Currency,
which provides that that officer should bold his
office tor Eve years. unless sooner relieved by
the President. by aud with tIe consent and ad-
vice o. the Seuate. The then President, Mr..
Lincoln, bad approved this bill, and he (Mr.T
was Of the opinion that the present President
voted for IT, He denied the power Of the Presi-
dent to remove or appoint any officer during
the ses ION Of the Senate without IFS CONSENT
The President could no, make an officer. Il re-
CURED both the President aud the Senate The
object Of the amendment is to prevent the filing
up Of Ofhc,s during the recess Of the Senate,
which could have been filled while It was sit
ting There WAS no constitutional question in
volyed in II At all. The President had no power
to pay salaries lie could not draw his own sal
AIRY unless by the consent Of Congress. Con-
gress could allow c0mpens alton 10 these officers,
or no compensation at ali, just as it pleased.
Senator johnson made an argument against
the amendment as violating the SPIRIT If not
the letter, OF the Constitution, anu sure TO Gre
ate trouble - conc udng By saying that it was
reported that our Secretary Of State has in-
structed our Minister to Austria 10 demand his
assports in case more troops are sent to
Macmillan. The Austrian Minister here will,
OF course, demand his passports and leave. What
will follow War. she may hll every sea with
privateers 10 prey on our commerce. She may
secure the aid Of Napoleon-aud what will Ge
the state of the country? The President and
| Congress striving against each other, the Union
not ct restored, although the war has been ov-
er for more than a year, eleven States out Of
the Union, and Gf the report Of the committee
Of fifteen, which was presented this morning, be
adopted) to be kept out Of the Union until sf-
ter the next Presidential election. II was bet.
ter for the honor Of the country TO avoid in
fruging upon the prerOgstiSes Of the Presi-
dent
Senator Sumner, as Chairman Of the Com
/ mittee on Foreign Affairs, was looked 10 for a
reply to this bellicose statement, and he rose,
stating that the learned Senator from Maryland
! had dine more 10 make the question complex
| than to simplify it. The Senator had reminded
/ him Of that sagacIous animal, the fox. which
was said TO throw its runners of the scent BY
taking the back track. The Senator had thrown
the Senate of the track. He had alluded to
prospective difficulties with Austria. He (Mr.
! Sumner) also had dep solicitude on the mat
| ter, but was unable 10 see what connection it
| had with the subject under discussion. The
Senator had also alluded TO the opinion Of
Mr.. Madison and others, which hsd no bearing
whatever on this amendment. The Senate, IN
| the passage Of this amendment, would be sim
ply exercising Its constitutional right, and 1t
was not worth while TO talk any more about it.
Senator Trumbull SAID this amendment was
not aimed at the present President Of the Unit-
ed States, but merely to check practice Of
waiting until the adjournment Of the Senate TO
appoint officers to fill vacancies occurring dur
ing the session. This amendment only prevent
ed such persons from receiving compensation
until the Senate had confirmed them IL was
no new provision-no attack on the Executive
and be did not think it would produce war with
Austria. ILaughIer
Senator Sherman said the power Of the PresI-
dent to remove was a mere inferen'ial power
from the power Of appointment. Nowhere in
the Constitution is the srgiven him the power to
remove, and there is nothing to prevent Con-
gress from making laws TO limit and restrain
the power Of the President to remove (; but in
his opinion this amendment was q very harsh
and violent measure, which he would dislike to
see adopted. He did not like these provisions to
be put on our appropriation bills, as they looked
too much like conditions. If the Judiciary Com
mittee would bring in a Just and wise bill on
the question, settling the power OF the Pres-
dent IN this matter, be would give IT his sup
port. Now was the time to do it. He would
not say that war existed between the President
and Congress, but jealousy did exist, and now
was the time for Congress TO pass law restrict
ing the power Of the President. He would 60
as tar as the Senator from Illinois Mr.. Trum-
bully in this matter, but could not vote to pre-
scribe tests in appropriation bills.
Senator Henderson said he had partially pre-
pared q bill which would cover this whole sub
ject- He haG examined the matter carefully, and