New-York tribune., 1868-04-23
PRICE FOUR CENTS.


the Senate suspend public officer indefinitely sno mass
appointment the thus created nnn t
suspension or the appointment ,,,o,h.
Ipass TO the Of the third clause OF tne
The President shall have power TO AL up all vacancies
that may happen during the recess Of the sena,ei
granting commissions, which shah expire at the ena :"
construed ,sse.a,ns &c to Stss the
was r. G to tho saSss e. dS
Observation-Disclosures arising from death nom resignation,
from circumstance not produced by the ac OF the ap
pSe Of Tedaent use in the Bible tSat well Of pure En-
gsh undehledr and always In the sense OF accident for
ito light to s or to come unexpectedly This clause q
the Constitution contains grant OF power 70 tne rres
cise The power granted but nothing by construction or
by implication. He then by virtue oi Ms See h may
shall expire at the end of the next session and thus MI up
that may happen 5nas @ as on s h pa
IT, them be necessary and proper as S ns sds
aud proper that soPuT OF ceTs ee
An the recess o the Senate. have proved 10 pe
or dishonest who in the judgment OF tne a Sn
ties Of their Offices 1t Is clearly ,eglsiaSe bn cnn'
right and duty under the clause i o. ,ne ste o1I s
laws which shall be necessary and proper 70 carry no
execution the foregoing powers ana s oner or n "y
department officer thereof TO provide or tne eon
sene r sh % ss%es " 10 mus @ CONGRESS Us ected 70
legislae this subject and that during the long
General o the prnces wa: Ssrodseed and continued BY
which the President during the recess OF the Senate re-
the Ppesldent and Confirmed by the senate This practice
having originated IN the neglect Of Congress to lese
tolerated by Congress almost the force Of practice
usage, which at any time be annued or controlled
This view Is also sustained by the reasoning Of Ham
ton in the eth number Of the Federast IN wmcn he
clauses squsy elesr cannot be uud,r,todio
Sesns % Ss ssioa = ra that clause
mode e. % M 81
sSns ,uIa m.t6cd q appointment case. to Shea q:
sssas . he PsaSs .Sd senate sag 6s
proper ogs BODY continually session for The APPOINT
Ossr and y.acs, mgs, haprss IA es rec. s'S
sas sH y cause ssai sssndse 70 .Sols G rs.sG ,ey
%s. Soas .s he 's ssd
The arguments which have thus offered ana the au
power during the session OF the Senate remove either
The Secretary Of War or any ciy oeer Irom once Dy
the OF the Senate recognized by the act OF l7s
and tolerated by the country upon the opinions o. Ato
aud as incident OF the power Of removal he power to
suspend fromehice ndehney any Gieer OF .e
Is supported by the Constituon he cannot sustain
any other claim as an incident OF mat RoTer BUT tne
follow that the President has the power to suspend IN
definitely. The power TO suspend indefinitely differ
ent power from that of removal and It is in proper
sense necessarily an incident IL might 90 very wen con.
t 70 conier upon the President the power TO remove
public officer absolutely his TO be followed by
the nomination OF successor TO the Senate they might
yet have denied to the President the power suspend
public officers indefinitely and TO supply their places BY
his appontees without the advice and consent OF tho
Senate. But inasmucl the power ~ suspend inGen-
nitey not power claimed as speelho grant nnder
Of removal Is not sustained by the text the
titnton by any good authority under H. s not i'm.
portant 10 consider whether, II the power Of removal
were admitted TO exist the power 10 suspend Indefinitely
could be considered as an incident Of tnat power Il .
sufficient TO say that neither power In the sense claimed
By the President exists under the Constitution OF py any
respectfully submit Senators that there can be
reasonable doubt OF the sondness of the view have pre-
sented both Of the language aud eanng Of the Cohs-
tuition In regard TO appointments to once But II tnere
any doubt, 1t IS competent and proper to consider
the effects VI the cain recognized as set up Dy te
| President And in matter of doubt as TO tho
construction OF the praseoogy OF the Constitution 1t
clam asserted By President is fraght with evils Of
the raves character He claims the right AS well when
absolutely TO suspend for an indefinite period
time, according 70 his own discretion every ocer OF the
iheiT places & ri I r,
remove suspend indefinitely officers Of the army ana
navy but when you consider that the Constitution ahes
naval and civil officers; that ali nominated Originally
by the President and receive their upon
der the Consttut by other title than that which Sc
cures to cabinet officer or 10 revenue collector e & G
dee 10 which no appointed. there can De no hs
cha acter Of the claim which the President mxes as
statement VI this arrogant and dangerous ~ me
sufficient to any doubt which mlght exist ~ sne
| mn OF
the Constitution 1t cannot be conceived that tne nes
who framed that instrument, who we're oevoed ,o5
cal and esponsbIe power would have vested in tho
Presdent OF the United states an authority TO 20 exer
or department OF the Governments which would enable
lin " corrupt the civil military, or naval Oh ING
| lar their positions and emolnments upon MS
Will Moreover. this claim was never asserted 1y any
tSs GoySrneSt Sr ny S until the present time The
OF the career of Andrew Johnson shows hat he mas Dee
driven to the of this claim by circumstances
anu events connected With his criminal design 20 break
power Of Congress to suoveat inc o ~ vb
Interest those who participated IN the kebeon % nay
snIsr9d gpoa s Of his purposes secure
tho support OF the immense retlnue Oh pnnne onTss ~
every grade 40 and St mgasnS IN the s eatsSy dependent
upon his will aud In order that they night rehnLe tne
dependenee and thus DO msqs s ssthorsv over them
Unauthorized by the Consnon shd
with Mr. WOOD in Autumn Of iSc6 fully dseloses this
Previous to the passage Of the act ne
had removed hundreds Of faithful aud PATRIOTIC puDo
ocers to the great dermeut Of tho pubic service, ana
followl by an immense loss 10 tue pubic revenues.
te tme OF the passage OF the act he was 50 Iaf hyoeu
1 In his mad soheinesehemes of amnion anu &C. bi
Il that IL was Ina his view impossible for HIM 10 retrace ma
steps He consequently determined by various srtheSs
and plans to andernne 9Ss S anu sns Of the country
entire control OF the officers IN the ely service ana ~
and in 1Gs asTy from he
not retreat II s the Sl ts hs had 10
| rnatiye bit 10 that under the Constitution
was vested tue President exclusively without
5h advice and consent OF the Senate, 10 remove from
Once every person the service OF the country TINS
nocy as vet acted upon In part and developed emery
tn ts riyI service has already prOduced evils whlch
| threaten the overthrow Of the Government When he
removed faithful public officers, and appohse1
1 others Whose only claim. 10 consideration was
their unreasouing devotion to hls interesting and
unhesltatng obedience his wl they co;npensa,eu
for THIS yOop aud his obedience by frauds
upon the revenues and by crimes against the laws ot tho
land Hence II has happened that IN the lnerha re.e
nue ch alnne-chefy through the corruption of men