Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-03-05
! e. ANOTHER VETO.
mSsSGg 10 OF tRel Presid ent n eturning
the Tenure Of Office -Bill-The
@P0vEsr n Removal Claimed aS q
Constitutional lPrerORatiye. II

To THE SENATE OF THE UNITED STATES - y
1 have carefully examined the bill to
regulate the tenare. of certain civil officers.
The material portion of the BILLS contained
ih5bhe first sectioDs and is of the effect fol-
]owing, namely: That every person
holding any ctvil office, to which he has
bsen appointed by aud with the advice and
consent OF the Senate, and every person
who@s shall hereafter be appointed to any
such office, and shall become duly qualified
20 act, therein, is and shall be entitled to
hold such Office until a successor shall have
bear appointed by the President, with the
advice znd consent of the Senate, and duly
QuaIified; and that the Secretaries of State
of the Treasury, of War, of the Navy, and
otfreheo 1nterioF.z the Postmaster General
and the Attofney General, shall hold their
Offices, respectively, for and during the
term ofz the President by whom. they
may have been appointed, and for one
month thereafter, subject to removal by
and with the advice and consent of the
Senate, ,EsJis Ell 70 ao;ls eag - 3E
These spFovisiOns are qualified by a
reservation in the fourth section, that moth
ing contai9ed in the bill shall be construed
to extend the term of any office the dura-
ton OF ,whlch.is limited by law. In effect
the bill provides that the President shall
not remove from, their places any of the
several officers whose terms of service are
not limited by law, without the advice
and consent Of the Senate Of the United
States. pla'H @
The bill in this respect conflicts. in nv nv
Judgment, with the Constitution of the
United States. The question. as Congress
1s-Well aware, is by no means a new one
That the power of removal is constitutions
allyvested in the Presidentiof the United
States, is prerequisite which has been
not more distinctly declared by judicial
authority and judicial commentaries, than
it has been uniformly practiced Hpon by
thefegislative and executive departments
Of6be Government.-Fhe question arose In
the House of Representatives SO early as
the 18th of June. 1879, on the bill for estab-
fishing an executive department, denomi-
mated the Department of Foreign Affairs.
heifrsti clause OF the bill, after recapitula-
ting the function of the officer and defining
hislduties, had these words: 'eTo be re-
heved from Office by the President of the
United .States.H1 1t was moved TO strike
out these words. and the motion was sJis-
tanned With great ability and svieor It
was insisted that the President could not
cODstitutionally exercise the power of re-
moval exclusive of the Senate that the
Federalists so interpreted the Constitutions
when arguing for its adoption by the sew
eral States: that the Constitution had no
where given the President power of remov-
al either expressly or by strong implica-
ton, but on the contrary had distinctly
provided for removal from office by i'm
Peachment only "a construction which
oen1ed the power OF removal. This was
sustained Dy arguments draWn from the
GaDgeF on. the ABUSE OF the power; from
uG suPpoeeo genQency OF an exposure OF
PUBIC 9ticsrsfo 3. caprIclnus removal to inn
pair Fneb eIlclency OI tne civil service !;
from 1ne- iIeReQlPJ PJastlee ana hardship OF
0lspiaclng lncumDents dependent upon
ssasiOns MiOouC sulnclent con-
elusr1s'y.3 .s.,.3 iIotIl q euppUHSeu q WANT OF re-
epenslDlIlty On 1ne part on tne resident
u lAo l:iIu ueigeo oi guarantees
aHas H,: ~ I.a Az Iesluen6 mighG
AnSa.',5 ~ 80 CoospoS9 e.i'u Cne p"wer.,s
InS oSnIl ~ 1..Ol: an poWeroI
I0-1Se. e5 :.S PC .Isilc ~ ae as
% n o.
ats;,, f ~ h;oI, s~arS,S re
- - f,, ts 90 ~
Stsesso,, hr;ho.,z or ,,oieooaa,,oa aasS.hy
y. j. az. =.
.o y, 80 ne;6 ZIG. ~ snuuIu
~ setu f CO ';iI
N ~ ~ are ~ hSs f Ne
- IL ,.,,, ~ =. -;
Fits55 Si' 6nps g. ,SrSn,, T., nf,soe
Ioss.ss;n1 the taIents 49, Sa was isd9ed no 20
Rsys Sf ffe time If ne ao,oi,,tTnsnt IL tbe st
erfoT noff "a i,e correctef1S Snnnose he oco
o,j;TAs VitioS tia5ifs and "a 6I,itv If ;ndo-
renee nr tnEal neyIert of the fii3fies of 'biI..
ofioo uhieh shSlIW,vorlr~ r,iSchief r. tto
nnhIic welfare is there no wsv to arraat
Tho th a SfaIaAs da3oerp Snnno0aeT ~. ~
90 nc 81, I'm io,rlsr bv reason Of tbo
Iooosa.Eos taS 1srof,asest md f5is Tsa mat, AZ
1vitbo,,t .,r;rn11ittir,o sa,1v tositive offer, 40
against the IaW--nlust he Tepreseryelis office
despite the popular will! Suppose him