Buchanan County bulletin and guardian. (Independence, Iowa) 1866-1869, 1868-03-27

- AsA a - ~ ~ IL - y
! "Shsll during such vacancy have /
charge and custody Of all records, boob
and papers appertaining to the said Depal
ment."
Nor can il be claimed under the act
February l3, 1875, which declares that
ain cases Of vacancy in the Office Of Sc
ietary Of State, Secretary Of the Treasur
or Secretary Of the Department Of War,
shall be lawfal for the President Of the I'm
ted States, in case he shall think il necess,
~, TO authorize any person or persons,
his discretion, 70 perform the duties Of u
| said respective Offices until suuccessor /
appointed or such vacancy be fllcd.'
This act was absolutely repealed (as we
~ the second section Of act Of August Z, !
59) by the act OF February 20, 1863, whic
last set particularly describes the eases /
which the President may designate perso
TO perform the duties Of head Of Depar,
ment, which cnses are confined to the death
resignation, absence from the seat Of Gov
ernment, or sickness Of such head Of De
partnent." Il cannot be claimed in thi
case that Secretary Stanton is dead, absent
or sick, nor has he resigned. On the con
trary, be is active, wsnhfal, and vigilant il
the discharge Of the duties Of his Depart
ment.
Ifthe act ofl795 is mot repealed By ID,
act Of 1868 the repeating clause In that nc
is absolutely meaningless, as the act Of lie!
and 1875 were the only acts relating to THU
subject on the statute. book at the time th.
eighth section Of the act OF l795 having be,
come obsolete BY the passage of the act oil
1898; indeed, the act of 1863 but revived
theeighth section OF 1922, aud added clause
repeating all ac.S inconsistent with its pro.
visions,
There being no other provisions Of Law
upon this subject, i il clear that the appoint
ment Of LorenEo Thomas is in violation Of
the letter OF the Constitution as well as It'd
spirit, and that the President by this unwar>
ranted exercise Of power has violated his
oath ofotfiee, which requires him to "pre.
serve, protect, aud defend that great instru.
ment 10 an oath especially enjoined upon
him by the Constitution aud taken by no
other officer Of the Government. The pow
or Of the Presidsse to appoint during the
sessions Of the Senate is implisdly prohbi>
ted in the Constitution BY tho last clause Of
the second section OF the second s-ticle,
which gives the President
Power 70 fill up Ill vacancies that may
happen during the rvcess Of the Senate BY
granting commissions which shall expire At
the end Of their next session.
Thus il would seem clear that il the ten
ure>of,ofiice bill had never become Law,
under the powers granted to the Pesident
by the Constitution, there caa be found no
warrant for the extraordinary assn sumption ct.
tempted by the removal Of the Secretary OF
War and the appointment Of another person
in his stead.
These two acts Of the Pre- ,ident are in
clear violation of the FIRST and second Sec
tious Of the act regulating the teaure Of car
tain civil Offices, passed March 2, lS67, which
Law the defenders Of the President insist is
in conflict with the Constitution Of the Cni>
tsd States, because under that instrument
the presidei IS alone invested with the pow
er Of removal.
IL seems to me clear that inasmuch Is all
civil Offices under the Constitution, except
those expressly provided for in thaa instru.
ment, are created BY Law, their general pow
er Of regulating their tenurs is within the
provinces Of Congress. This powerhas been
frequently invoked by Congress, unchallen-
ged by tbs Executive.
BY act of May Is, 1890, it is provided BY
the frst and second sections:
l. "That from and after the passing OF
this act oil district attorneys, collectors Of
the customs, naval officers and collectors of
customs, navy agents, receivers Of public
monsya for lasds, registers OF the land oii>
ces, paymasters in the army, the apothecary
general, the assistant apothecaries geaeral,
and the commissary general Of purchases,
to be appointed under the laws OF Che Enited
States, shall be appointed for the term of
four years, but shall be removable from office
OF pleasure.
2. That the commission Of each and every
Of the offices named in the frst section Of
this act now in office, uniess vacated By re-
moval from Office or otherwise, shall cease
and expire in the manner following al such
bearing date on or before the
Both day Of Septembsr. 1914, shall cease
and expire on the day and month of their
dates which shall next ensue after
he 30th day Of September next: al such
bearing date after TIE said 30th
lay Of September, l5l4, and before the la
lay Of October, 1916, shall cease and expire
IN the day and month Of their respective
iates which shah next ensue after the 30th
Icy Of Septembsr, 1871. And aA oshsr such
shall esass Asd expiss 81 the
aspiration Of the term Of four ysass from
heir respective dates"
Thus early Congress, unchallsnged by the
Executive, provided for the term Of certain
'f6csrs, and also provided that st . certain
ims named in the statute CON missioas ~
Iusd to certain officers should cease, aud
his power Of regulating the tenure Of Offices
~ law has in various forms been exercised
Dy Congress from the foundation Of The Gov
'rnment without objection or protest until
he present Executive sought 70 Aggrandize
III power over offices to himself. In the act
# February rs, 1868, an officer vas created
u the Treasury Department denomiuated
he Comptroller Of the Currency. The 6rst
ection .of this act provides thas such otis
.er-
"Shall be sppointed By the President on
he nomination Of the Secretary Of the Treas.
Try, by and With the advice and consent Of
he Senate, and shall hold his efios for the
erm of five years, unless sooner removed by
be President. by and with the advise and
consent Of the Senate
hus fixing absolutely The term Of Office of
Iuch officer unless the consent Of the Senate
br his removal should be had. Thn act re-
:eived the approval Of President Lincoln.
By the seventeenth section Of the act Of Ju-
y II, 1862, the President was authorized 70
lismiss and discharge from he military ser
rice either in the Army, Navy, Marine corps,
Dr. volunteer force in the United States SER
rice any officer for any cause which in his
Judgment rendered sueh officer unsuitable
for or whose dinmissal would promote the
public service. Prior to the passage Of this
sct the President in few instances had ex>
ercised the power ofEsmovAl Of Army officers
during the recsss ofshe Senate, but the aus
thority for such rsmoval WAS regarded Of -
doubtful character that Congress deemed
i necessary to make provision for it by law.
This law was passed II . time when . great
army was in Me Geld for the suppression Of
and tha power thus given was re-
garded rs essential in promoting the etti-
cheney Of the army. Afterward, however,
when the necessity for this extraordinary
power no longer existed, the Congress Of the
United States, By aes approved July Is, le-
Sc, repealed this provisien, And provided IN
express terms that f
No officer in tho military or naval SER
vice shall in time Of peace be dismissed from
service except upon and in pursuance Of the
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