New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-04
TIE TENURE or OFFICE.
Tic Federal Constitution art. II. S2l 8

The Federal constitution NAIt' H. y - S''JS'
the advice and consent OF the Senate. shall appoint
cmbassadOrs and other public ministers anu cohsus
Juices OF the Supreme COt and all other OFFICERS OF inc
J-n.d states Whose appointments not herein other
Mise for and which shall be established by law
-Wo do not see that here is any need Of
| glossary or paIaphrasc. The President shall
nouinGfe. but the advice and consent of the
Senate must prccede an appointment The
mower of the Senate in the premises is not
! initial but concurrent and coordinate No ap-
pointment can be perfected without It,.
Let us presume an appointment to any post
duly made by the concurrence of President and
| Senate May the President alone forthwith
nnnul that appointment, by appointing another
TO the place, whether in the recess of the SEN
ate or without seeking and awaiting its concur
rcncoY The question answers itself Such an
appointmcut completely nullilies and subyerts
the constitutional power of the Senate.
Yet we know that suchl quasi appointments
have bcon made, and that the abuse has, at
length. become chronic and fragrant, rs all
tolerated abuses scnd TO do. Had this been
manfuly met at the threshold, there would
have been no necessity for such bill regu-
latng the Tenure of Office as President john
son intellectually vetoed on Saturday
Before Congress adjourned, in March 1893,
the House, by a vote of three To one, virtually
instructed the Secretary of the Treasury not
to remove the Public Deposits from the Bank
of the United States. President Jackson, IA
few months thereafter, required that Secretary
to do the very thing which the House had told
him not TO do. He (Willam J. Duane) refused
to remove thcm-refnscd to resign his post
whereupon jackson removed him, and appointed
in his stead Roger b. fancy, who did remove
them directly. The Senate rejected the nom-
nation of fancy: but what of that 7 Jackson
was soon able to give him a better office; while
| Duane was not restored by his rejection, nor
were the Deposits returned to the Bank.
The uslIpation of power by which their re-
moval was effected proved, in the long run,
successful; and successful usurpations always
incito holder and more flagitous. Had the
very fist Presidential cncroachment on the
| rightful powers of Congress been met by an
impeachment, the country would have been
largely the gamer. But the President is usually
the chosen chief of the dominant party, the
fountain of honor and dispenser of boundloss
| patronage: hence we are as we are.
| Abuse of the Presidential prerogative of NOM
mating has been growing for a full generation;
| in Mr. JOhnsOn's hands, it has taken a long
stride forward. When the present Congress
| adjourned last Summer, the Federal offices
were filled by men in whose appointment the
Senate had heartily concurred. Hardly was IFS
back turned when the President commenced
turning out those officers and filling their
places with successors who not only had not
been confirmed by the Senate, but who, he
well knew, would not be confirmed if the SEN
Oh in a1a Of
faithful officers were displaced because they
sympathized with a great majority of the Senate,
and did not regard the XXXIXth Congress as
"a body banging on the skirts Of the Govern
"ment.o That this was a gross and scandalous
abuse of power-or rather, of OppOrtunity-we
see not how any candid, intelligent person can
doubt. ia,s"' s.--ss,g.. oNs,.-:i,,s..
1t il the condemnation of abuse that it COM
pels limitation Of power. An absolute DIES.
potlsm would be the best possible form of gov
erDmeut, if we could have an Omniscieut angel
for despOt but tho chances are decidedly
against succession of such autocrats; and wo
have TO frame constitutions and laws with an
eye open to the melancholy fact that
:nan. proud man.
Plays such fantastic tricks before high Heaven,
AS make the angels weep"
In other words, We are compelled to forego
some good that wise and virtuous rulers might
do, in order to preclude the evil that bad ones
surely ,cOud do if not prevented
The President ought to have the power of
removing defaulters and peculators, rebels and
lunatics, from every executive or ministerial
post subordinate to his own 1t is unfortunate
that tbs power has been SO grossly abused