The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-04

wben De bill ssaahliahing he War Depart.
msnt $3.50 M, The Same words, to be re-
movek6 y ihe PRESIDENT usre sttnck out,
81 thshotioa q 90 Of The oDpoAsses ct the
rscogu lieh Of IT, power, hy ev1e q = 70
IA HAa amen1 mt 10 tkatsof tho second
sectioa q The ~ esiablishing III Depart
NEST III State Asiog inserted. TIN, nix
years alA9yara ~ Depastmsneo Ne NAVY
1as e1anblilhedsa0 such fecaen1taon OF the
power Of the President to remove Was m
serted md = the MEASURE passed b. strict
party vote al yeas to Al nays) It may Wen
81 conceived that its advocates did not caIe
Is losd & visx Ills coaseitstion.t quslae1Ii
when the executive power Vas about pasGnk
into other hands, for one cannot road thsuss
49,. !, nm TIA question without being I'M
$50 III ia Belief that fevsresscs nor the
cctsrscser Of. Washington largely .deterpined
~ ~ usut ID tae fsrt Congress. ~Naher|
pefiy did OF could HAYS looked sfcs~ssd vi
such an executive administration IS We have
this day.
Il has generally been conceded in subse-
oueDt discussions that here was legislative
determination OF this question, but humbiy
submit that taking the whuie action OF Con-
xress together, it is very far from being de-
fermined. should hardly have dared. In
view Of the eminent names OF Holmes, Clay,
Webster, and Calhoun, that have heretofore
made the admission. to have ventured the as
sertiop,eSexe il net thstin every case4hsy, g
does III FlexdSnt asd 10 cosDs1l. fsly %.
the first vote in the Committee the Whole,
sustaining the words ito be removable BY the
President and in no instance take any mo-
tce Of the subsequent proceedings IN the
House by which these words were taken ont
of the bill. This may hays happened because
EIiots DSbssea. wtfeh = me aathdff8 most
frequently cifed IL 1ees Ai6eubiMeY stops
with theiaotein co0Dite1os - takeeho mo-
tice of the further discussion. But whatever
may be the effect OF this legislative construc-
ton, the contemporaneous and subsequent
practice OF the Government shows that the
President made no removals except BY NOM
inations to the Senate when IN session, and
superseding officers by new commission to
the confirmed nominee. Mr. Adams, in that
remarkable letter to Mr.. Pickering. in which
he desires his resignation. requests HIM to
send il early, in order that he may nominate
70 the Senate. then about to SIT, and he IN
fact removes Mr.. Pickering by nomination.
CsstAi.ly ~ ,saeh unlimited po.sr h. 3. s' e
besn sd9hns1 ~ the earlier Presidsnls, -
hid nv hea a upsfsr the fresidest ~ hi
nIost feu6shab1e, aye, criAiual aaswsf. tx i
THE MANNER OF kEAufAL-
It will not have escaped at'ention that no
determination was made by that legislative
construction as to hon the removal. If IN the
Presidents power, should be made. which is
now the question in dispute. That has been
determined by the universal practice OF the
government, with exceptions. IL suy SO rare
"a no, to Sc worthy OF Consideration so tha.
We now claim the law to be what the practice
has ever been. II, however, We cincede the
power Of removal to be in the President IS al
Implied power, yet we believe it cannot be
successfully contended upon any authorities
or constant practice of the government that
the execution Of that power may not he regu'
lated by the Congress of the United States
under the clause in the Constitution which
s.vests ia Congress- the power TO make Al
lava which shai be necessary and proper Tor
carving into execution all pow
ers vest ed By this Constitution in the govern
ment of the United States or in any depart
ment or officer thereof.
CONGRESSIONAL POWER OF REGULATING Re-
MovALs.
This power Of regulation of the tennre>of
office, and the manner Of removal. has al
ways been exercised by Congress rnquestion-
ed until now.
On the 18th Of May, 1920. fYol; 3, Stat.
at Large, .. 582l. Congress provided Tor the
term of offic of certain officers therein named
to be four years. bat made them removable
At pleasure By the second seclion Of the
same act Congress removed from ONCE All
the officers therein commissioned. IN provid.
ing date when each commission should ex>
pire. thus asserting Legislative power OF re-
moval from office; sometimes by passing acts
which appear to concede the power TO the
,1on ot MIC n
restricting that power in their acts by the mos,
stringent provisions; sometimes conferrlng
the power Of removal, and sometimes that OF
appointment-the acts establishing the terri
torial officers being most conspicuous in this
regard.
Upon the whole, no claim Of exclusive
right over removals or appointment seems to
have been made either by the Executive or by
Congress. No bill las ever vetoed on this
account until nov.
In 1918, Mr.. Writ, then Attorney General.
giving the earliest official opinion on this
question coming from that Office, said that
only where Congress hsd not undertaken to
restrict the tenure of office. by the act Great
ing it. would commission issue to run dur
ing the pleasure Of the President; but If the
tenure was Fixed by law, then commission
must conform to the law. No constitutional
BcTupicb dS totuc poNNt u S0bkttnS W iu's
the tenure of Office seem To have disturbed
the mind OF that great lawyer But this was
before sny attempt had been made by any
President to arrogate TO h,mself the official
patronage for The purp.ise OF party or person
al aggrandisement, which gives the only wall
ue 10 this opinion rs an authority. Since the
Attorney 6eaersi's Office has become polit
ical one, shsl not trouble the Senate with
citing or examining the opinions OF its oc-
cupants.
LEGISLATION.
In 1926 4 committee of the Senate, con-
ssting of Mr. Benton. Of Missouri. CHAIR
mau Mr.. Macon of North Carolina, Mr..
Van Btren. Of New York; Mr. Diekerson,
Of New jersey; Mr.. johnson. Of Kentucky !;
Mr. White. OF Tennessee; Mr. Holmes, Of
Maine; NJ. Hayne, OF South Carolina, and
Mr Findlay, OF Pennsylvania, was appointed
to take into consideration the question OF re-
strsinipg the power Of the President over
removals from Office, who made report
through their chairman. Mr. Benton, setting
forth the extent of the evils arising from the
power of appointment to and removals from
office by the President, declaring that this
Consultation had been changed in this regard,
and that construction aid legislation have
accomplished this change and submitted
two amendments to the Constitution, one
providing direct election of the President
by the people, and another " that no Senator
or Representative should he appointed to
any place until the expiration OF the Presi-
Dental term in which such person shall have
served az Senator or Representative, as rem
ed,es for some ofthe evils complained of; but
the COMMITTEES say, that g not being able to
reform the Constitution, 10 the election Of
President, they must 60 to work upon his
powers. and trim down these by statutory en-
actn1enfs, whenever it can be done by law,
and with just regard to the proper efficiency
Of government. and for this purpose reported
six bills one to regulate the publication of
the laws and public advertisements another
to secure tn office faithful collectors and dis
hursers OF the revenues, and to displace de-
faulfers-the FIRST section of which vacated
the commissions Of all officers, after given
date, charged With the collection and dis
bursement of the public moneys who had
failed 10 account for such moneys on or be-
force the 39th day Of September preceding !
and the second section enacted that at the
same time nomination is made to fill Va
cancy occasioned by the exercise of the
Presidents power to remove from of
zee. the fact Of the remove. shall be
stated to the Senate. with report of the
r<Asonsfor which such officers mAy have seen
removed also bill to regulate the appoint
ment Of posimas ers and . bill to prevent
military and naval officers being dismissed
the service ct the pleasure of the President
h. suceefipw auoA in the noru