New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-04

total JCClcCt Of the OF elllCc when
shall work mischief to the public welfare, is there way
10 arrest lie threatened danecri Suppose nc became
odous aud unpopular by t,"cGn o. ue measures I9
positive Ofcuse against the law, must he preserve his
once despite te Iet and ~ st hn ~ ro
nections by every means short OF the treason defined by
destruction, endangcring your domestic tranquility,
pluuderng you Of the means OF dcicnse alternating The
affections Of your allies, and promoting the spirit Of dis
cord Must not the tardy, eds, de,uOry road by way
basey combining himself within the letter Of the law IS
employed IN drawing off tie vital prncpicOi the Govern
the express Ocsts Of the Constitution itscfreQuire
senate with the President in The exercise Of the power il
said, would involve MS IN tho most serious difficulty
place when the Senate is not in session how is the remedy
TO he appcd The evil could be avoided mno oherW way
than by the Senate sitting always.
exercised by one man II was sd that the danger is rs
great win respect 10 the Senate who are assembled from
VarOus parts Of the continent, with different mpreion
aud opinions, that such body il more likely TO misuse
the power Of removal than the man whom the united
nature OF the reqnTes the power ct removal
by the hand cauabe of eyertng itself with effect and
tie power must conferred President by the Cons
Mir Madison whose adverse opinion in The Fdnatt had
boon relied upon by those who denied the exclusive
he had reviewed his former opinions. and he summed mp
the whole follows: The Constitution ain1ns that
the executive power vested in the President Arc there
exceptions 70 ths prOpOsitionf Yes there arc me Con-
StiutOn says hat in appOntngO Office the senate sbal
be associated with me President unless in the ease
Of inferior Officers. when the law shall otherwise
This cxception9 1 sleve not. II the Constitution has
invested al executive power IN The lrcsidcht venture
TO assert that the Legislature has no rght 10 dn'hsh OF
modify his executive authority The question now re-
solves itself into this: Is thepower Of dspacng an A
power OF appointing overseeing, and controlling those
who execute Tie laws the Constitution had hot 10y, IuI
fled the power Of the President In appointing 10 once Nv
assOciang the senate with him In That business WonJ
II not be clear that ne would nav uI1 y sr"nm
we bGauthoized IN defence Of that clause IN the Const
ton, the executive power shall he vested ~ the Ire
sident TO unite the senate with thc fleaIent M
appointments To officer conceive NOT; n IL aontt'u
that we should bc authorized 20 do this, thH IL
may be disputed whether we have a Ist 10 "SSoclae
them In removing persons from office the one power
and the inst one ~ anthGnIcd oS p,hs @
OF the general rule established by me twhu'Vu1h'
vested in the President" The quc-io., thus ably
and exhausiively argued was decided ny m'
in favor Of Che principle thai ne cAccutAc
power OF removals is vested by The Constitution ~ 'he IN
ecutivc and m senate, by the casting vote o Tie Gee
President. The question has often bccn raised do f9u
gieut times OF high eHgtcmcnl .4n ,ns i,f'c " te
the decision thus early made The question W." i'NNtu
during the administration Of President Jackson, who
made as Is wei rccollcctcd, very large number ~ re
moyas which made an occasion oi close ara 'iS
ofOuS scrstny and remOnstrancc. The tuicc' W. i"B
and earnestly debated i'm the Senate, aud tho early r"i
strucjIon of thc constitution was nc'crtec,s Ir''l a'
ccptcd as budnS aud conclusive upon o|HEig-f IT,
question cumc again before the supreme Court ~ y"
Omitted States IN January, 1859, a. PGfc lienmn u wa,
declared by the Court on THAI occasion Tat t"c power "i
removal from Office was subject much dhpntcd,"NI
upon which great diversity W opinion was 'h'i'dil'"
IN the carly history Oh the Government -
This rclatcd however 10 Tie powered tho Pi,'d''f T."
remove oc@ app9nard VAN III, i,ituti 49,, go '.J
was 10 be- 10y thc President alone en- wits ic en1r''c
Of the uair, both constituting iEr 'Ir'nlnt l'N,'
No one 6ri'n l'' power "I t"' .."'"! d"'i .''
jointly to remove where c tenure 81 lir o.e "'l L".
fixed hy tho Constitution, which wac ion it'r"ltI "I
the p lhcpIc ih"t - power oil I-n"N va" l ", ' 20
the pcHcr NJ apo urhi, bui it Was 'ri} early a."i"i
Powrr va N%s',di n ne E,c,Ien "''n, ,a 81 W'
Inc flffs mi ytff NJ U 4
i7si proyision Was made Of the apn.ul6t Of .0rur-
Gatc officer by IRE head Of the parctt Vino -uoAli
ing 10 the office when me mead ~ thr Diprtui -oud
be removed Office uy the Pc drnt oi At tii'd
States. When thc Navy Department Was established.
in the year KOS, pfoyaion vas made for thc charge nd
pdftmcut Ia ease 81 vacancy ~ the office "l Nc'iy 10y
removal or olh,fWl1c ~ is nor h,ir sll - in.'HI
Office with the Same tenure as inc other ser ana
is removable 10y The President. Tie 'ttD'' ~ pAi"-'
that che power OF removal was lt.tl ln III ~ "et
oltrtr B. by thc u .iocni a"d 7'Il, ''.h l' D.
1gl most d-tug ui-Lcd and dt' Plea ."ithtil"N
cry eiy.ii by congress ana nu. .auoiioucd 10y the /
Supreme Court. After fun nal rr 90 iie ',hF'I
Sir Justice sum comes to l, conclusion. Aici % /
animated discussion Tie toic naiD ,"hrh ' '|r I
of removal ~ the President wituut Any cooperation oi
led law H. ,s,iue Vote Of DC President. That TIE hI
,' ii % ', IN Ircicr Of Si,c PRECEDENT t.n o
was u--srtsd 900 tEr time, ard has aiN "cn
yct tnr o0.li no Was opr'.n ~, W., ,lh 49,, nv
hghc-t cg+i talent ana patrol ~ O.! 'h' '""''t nc
puhhc have acqcNced 10 iI- drl'i"' go !, con,
perhaps, tlc most cilfdOiWhl! r",c h 'H' ii"l ul
tine Government of power conferred 10y nW'aNvu""
the Executive by bare lnpOHl} oil 'o'~t'. Nn'' ','
not been questioned many ucr OCCASION. Tie CON
mentatOr adds "NOr j. this general ncpul"s'"urc ana
silence without satsacuiy explanation 'lIr'ilH
kcht- irn'ikS on inc suI9''t "'n q" ''.,"a. w. ''
fst orguuil' ION Of the GONcun'tl,I % N't maze G
pointed hold ~ pleasure reside nowhere but Do tLc
body that appointed, md, Of coure whether ~ CON
construction gycnto the Ton iituiioI while was pond
ing for ratification before ie state C"y Dy thc
given the Constitution by nercs, after great consId
GRAFTON and discussion, was d,ilrtont .., ,,,,,,
ment land whenever the nc shall be- removed ii"lu
office by the President Of r nIci STATE, or III ShH
C0nstf on ana n h,s cy,r since been acquicsccd and
nroIntrd iy Inc President who's. term Of duration il
reason that The subordinate officer IN TIC IhCtutNr De
n,tef ougbt 10 he held AT the pleasure ~ the head of
The Department, bcpaue he lAinycscd erutiih WIN
Executive authority, ana the participation in that att
tboritv nv the S A. was an exception to general
of me law. and the power OF reloyai was ipcI-
dental 10 that duty, Hud might Often hr requisite
t,,seTicd by tbs bill been settled. la tire
,ngUape of he afc)anicl Webster " l,. lille descent
ING from IT, admitted that II was settled hy construction
set led y the practice OF The Government and settled ~
confirmation Of the wisdom Of the C0i7IiWlu' rs ~ nu7
hitherto been maintained IN many Of IT parts, including
that which is now under consideration Nhch llc war
broke out Rebel enemies, traitors 90. 't"l' Nv ii,
tzoip we're found in every department oi me G'Fth-
mont ms ven i'm the cy service 90 in HE Land ana naval
military service. They were I1u" ~ '"lII'f. "pu
among the keepers Of the Capitol ia foreign ny IONS ~
each aud al OF tile Executive Departments, IN the Jud.
cial service the Post Once, ana among ne agrls ior
conducting Indian affairs As npol probable suspicion,
they were promptly displaced by nr predecessor s" Idt