New-York tribune., 1868-03-31

attempt to do nothing more than 10 hthle the profoh
they may come TO my knowledge. leaving e argument
ana illustrations OF the question 20 DC .A'e.eu III ,c
movsl in tho Executive is found at all in tho
SoegIoq SSc aIsT f6ro 1t the po%er Of aSponmcn or
because the executive power is vested an mo Ifesl-
tuition by these words any mitaons Does The Consii
tuition the President with all executive power pre-
rOgotivcs, privileges, and immEues enjoyed by eNecu-
without lmitatonl If so, then the Constitution has
eeS1e s VET than 1 to the SrafiSe biancR OF the Govern
ment as that has only "a legislative powers hgIcin
granted which shall be vested IN the Congress Ol inc
United States" not all uncomfortable legislative powers
as there are many limitations upon that power as eXt
cised by the Parliament OF England, Tor example 80
tleie are man! executive powers expressly ~ & .u
Constitution, such as declaring war; making rules ana
nnd coming money. AS some executive powers are lin
tied by the Constitution itself is It not clear tla Tie
do not confer on him all executive powers, bt must be
construed with reference TO other constitutional pro
ecntye power q app6intmen IS clearly limited by the
words "he shall nominate and by aud with
the advice aud consent Of the Senate snail
GERS OF the United States whose appointments
herein otherwise provided for aud which shall be
established by law Is u not therefore, more IN accord
with the theory Of the Constitution Ia imply the
power OF removal from the power of appointment, re-
strained by like limitations. than 10 imply il solely as
and uneontroabeq Have the people anywhere else in
the Constitution granted imitabe and uncomfortable
powers either TO the executive or any other branch o te
Governments Is not the whole power Of Government one
Of checks balances and limatonsl Is it TO he believed
that fathers. Just escaping from the OpDcSSohh OF
mOnarchca power and dreadine II that they feared
the very of king this more Than kihgy power
to the Executive hmabie ana unc0ntroltnle, anu at
by implication mercy2 Upon this point our p0pO-
sition that the Senate being in session. and an Office
not inferior one within the terms Of the Constitution
being flied the President has the implied power OF lnau-
grating the removal only by nomination OF successor
to the Senate, which, when consented to, works the full
removal and supersedeas OF the incumbent such has
the beginning down to the act about which are In
qunng. Certain 1t IL that Mr. Webster in the Senate in
1885, asserted without contradiction, using the follow
man be Secretary Of state spd another appointed
goes appointment the ou
previous OF removal whatever And this the practice cf the Gov
been made they have generally been effected swP b. making other
Dg as any distinct s act Of removal have looked prse
% and caused inquiries TO be made III The departments and DO mol
the President Noud only in saeh
e am aware that there have which
the Object Is NO., to morn The Tcuub that he Is removed but to tell
bin that either day named will be appointed II
there be instances in which said notice gwen without ref
such reference %S be implied because in No case is there any nei
Official act Of removal and uncnnece with the act Of sDp1
This would to reconcile all the provisions Of the
Constitution the right OF removal being In the President
to be executed sub nOdo, is the power Of appointment
the appointment, when contaminated, making the
first Congress upon the bills establishing De-
partment Of Foreign Affairs and the War Depart
ment The debate the motion, IN Committee
Of the Whole to strike out after the title OF the officer the
%oTS S ad De 0 @ TTe @ 6s 6 sf M
Committee of the Whole in the House aud the clause re-
taued bv vote of 40 yeas 10 "a nays which seemed TO
grant or construction of the Constitution But the t
umph Of its friends short-lived for when the bin
came mp in the House Mr. Benson moved to amend it by
altering the second section OF the BILL 10 imply only
the power of removal 10 be In the President by Inserting
that whenever the principal officer shall be removed
from Office by the President OF the United States or
any other case of vacancy the chief clerk shall during
such vacancy, have charge ard custody of al records
books and papers appertainng to the department" Mr.
Benson declared he would move 20 strike ont the words
",
which appeared somewhat ike grant. Now the mode
he took would evade that point aud establish legislative
construction of the Constitution lie also hoped his
amendment would succeed in reconcing both sides Of
the geniemen After debate the amendment Was car.
words "tO be removable by the President OF the United
States which was carried 81 to ~ and SO the biz was
engrossed and sent to the Senate The debates Of that
body being IN seeret session we nave no record ei the
discussion which arose on the motion OF Mr Benson es-
elaborate consideration several successive days. the
words implying this in the resden were retained
by the casting vote of the elder Adams the NicePres
dent 80, this claimed legislative settlement WAS
only established by the vote OF the second executive OH
Government have come from Vice Presidents When the
bin establishing the War Department up, the same
ont on the motion OF OF the opponents Of tho recog
milton OF ms RoSer we by vote oi - - 70 o., ~ IKE amend
the Department Of State being inserted When six
afterward, the Department Of the Navy was estab |
hshed,. no such recognition OF the power Of the |
President 10 remove was inserted and as |
vote. ~ Yeas to Al Nays, may well he Conceived that
its advocates did not load 1t with this constitu
passing other hands cannot read the debates
upon this question without being impressed Nth he 5e
largely deermnsd tho sTsS%ent IN The rst Gonsss
an executive administration We have this day IL has
generally been conceded in subsequent discussions that
humbly submit that taking the whole action OF Con,
sbeSd Ssr6y have dared n view OF The eminent names
Of Holmes Clay, Webster and Calhoun that have here
ffnnvr QOt
den and his counsel rely ON the first vote In the Com
be ,'' removable by the President" ard in no
instance take any notice Of the s. tnbss.
we're taken out Of thebil THIS may have happened be-
Elots Debates, which is the authority most fire.
Committee and takes no notice OF the further discussion
But whatever may be the effect OF this legislative CON
OF the Government shows that the President made
removals except by nominations to the Senate when IN
the confirmed Nominee. Mr. Adams, In that remarkable
ton requests lin TO send it early in order that he may
nominate 10 thesenate then about TO Sit and ne In fact
such unlimited power has been claimed by any Of
the earlier Presidents as has now been set up Tor the
powSp o2 ~ coSGRTss TO IISisisdyy ~ OK TmIs Sl2TEh
1t will not have escaped attention that determine
the removal " in tho Presidents power should be made
which nov ~ The n question in dPus % M a saS 6esp
with exceptions, IL any, 10 rare as not to be worthy Of
tSe has so S be we coRss &
power Of removal be in the President implied
power yet believe II cannot be successfully contended
upon any authorities constant practice Of the Govern
ent that the execution Of that power may not be regu
lated by the Congress Of the United States under the
clause the Constitution which "vests In Congress the
power TO make all laws which shall be necessary and
proper for carrying INTO execution all powers |
vested by this Constitution tho Government OF the
United States in any department officer thereof"
This power Of regulation OF the tenure Of Office and the
Of removal, has always been exercised by Con-
gress unQuesoned until On the 18th OF May, 1890
Vol Stat at Large 5s2 Congress provided for the
term Of Office Of certain officers theron named to be four
years, but made them removable AZ pleasure. by the
second section Of the act Congress removed from
Office oil the officers therein commissioned, In providing