New-York tribune., 1868-04-23

law The phrase are not herein otherwise pToyasss fs
Constitution case Of vacancy may be apo sppoln1sS y
the Governors Of the several States and 70 tnose ~
the S.sds ws'n o Ss essential
fact that neither in this provision OF the ~
ses e PGSfy Un SUwar q
ConsOon = that q the Senate y M yerdcs ~ atSss 81 sy
sentatives @ and ds g fSs senate
power Of removal from cce i not vested q the Brss
dent alone but only in the President Dy ana w KY nro
advice and consent OF the Senate. Applying the pro
vision Of the Constitution already cited 10 the condition
Of AFFAIRS existing at the time the Goyernment WIS 5 OF
ge.s and by the t President the inevitable te'p,s
OF the operation Of this provision Of the organic law n
established by ac Of Congress- and those departments
offices Of various grades We're created The Sl
mnisers and eosns and consequently those neeessy
ss is a hs
nominations to the Senate OF persona to FIJI the various
and acted upon by the Senate and when confirmed by
the Senate the persons nominated were appointed ana
noon Se seSsrse sne Of their
duties In the nature OF the cse y was NOT ier
the during session OF hs % aS
not been by him nominated TO the Senate and by tha
body confirmed and there no evidence dnst any sSd sSd
confirmed In their Offices under the CONSTITUTION:
and y virtue Of The I en- h aGSn nS u i6s me cossn
ton any provision contemplating the removal OIL s9on
The proper adnnstration Of affairs that there should be
power OF removal, and inasmucn as the power OF he
the senate is continuing power not either BY
single exercise or by repeated exercise III ~
particular ofce iolow' @ me Nominate nna 70 the
Senate person to MI particular Once. Ce.,t1tn dnr
HS onal 'pO power could confirm tSat nomination, that
the person nominated and confirmed would nave ngnt
pointed and thus to dspossess the previous incumbent
1t Ia apparent that removal can be nade unless he
President akes the nitiatiy and hence the
AS by common and universally recognized principle
Of construction the most recent statute Is OBLIGATORY anu
controlling wherever 1t contrayenes previous statute
80 recent commission, Issued under an appointments
made by and with tho advice and consent OF the senate
supersedes previous appointment although made In the
same manner IL Is thus apparent tha Ineie ~ uue
no power OF removal either IN the President or IN
the Senate both Of them together ~ an
appointment And as the power of appointment s not
vested IN the President but only tne nght 20 MAKE &
nopnation, which becomes an appointment only when
the nomination has been confirmed by the senate the
power Of removing public oeer cannot De aeemed an
executive power solely within the meaning OF TINS pro-
This view OF the subject Is In harmony with the opinion
expressed ia the seyeysi number OF the Federals
After stating with great force the objections which exist
the exerese Of the power Of appointing TO office by
an assembly OF men," the writer proceeds 10 say;
su.h Of The principles hers advanced seem, 70 have Sss as n
the % SS. a. % 81 AS' s ss' sa,s ss' TSy ssss &
81. r. .S. Sss s sse S.s s sy..u ssss Bas easy
=
s % tbs. 'T ,,s' ss R'fS s@ sS % sssr ,s:S rss s
aao which proposed conferred upon bm While several ds.
% s % IL IL! .: n % j..
.sSd ,, and as s.a ss 81 s as ~ ~ d ss'
% sOon.b xosd BE- Z. complete as hs hs ani
Sps.nsHi S Ss.s;. . S;lssss as%ss
.sh.Ts y Ii. day 10 one h. ..Aer and pas
sS.S 5. SsSns .ySS you'd sSs rB:i 3
l .o@..os s.y Be s,mSss lbs !, g..
ultimately ppond must l' u. seess o. h p,sisassr @Ss
& 1:s :. s,.s X. az. ': ssI SS S sa
p the .os 's ss .. s .l 70 ,:'Ss sy
% 1ousA sr.d By .a :, o. ,oy
c.sd .py aes'sbs % them Ae n heir Srs.s
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"To . purpose ,hen require The eo0Oyr.Or 'ttn ssn.:
though In general operation would b "a sI.su, sssek
IN 'hs and " % ss.,s s,s s
O family from p,,.:n, % % a. 81 S s0S,s ss
Ill issaiv re-. Ss eSapfsi.aaed bad h.. @
dpelen would be rovued much NOR. s s private ssSl
o. and se A.s ssss ss vas SSad 70 .ds ,S S
body body branch Of the ainre The
Oh SsS rrps.ss and .,, s.e,t,s ".
political eIisienee hon 5syps honn'n OF 'n %
r. great sS, rng q Hs yaol eosn y. ~ . operate
.r.S S1I,s s%..id r d.iash.d as...: station.
STAT. to .heS he psrcuI.ry belonged sts,
pso.. % g s. and p.ssss 70. ..S:a =" E
When the President has made nomination Tor par
tcuar office and that nomination nas besh c2nnIaeo W
exhausted with reference to that officer All thai he can
nate who may be either confirmed rejected
by the Senate Considering the powers OF tne
ent Of civil officers during the session Of the Senate IL
Is clear that he can only act In wh .De
cessor who when confirmed BY the Senate is by opera
ton Of the Constitution, appointed 70 the ONCE aha u
tbe duty OF the PRECEDENT 70 his commission aeeor
previous occupant is thereby removed .,s, an .
legislation has attempted 70 & q n
can enlarge diminish his constitutional powers In .s
spsS as sSa Of hs PROVISION Of the Constitution
cernng the true meaning & o. w9s e. Iseas n siofer Of ay
lawyer or statesman that strip the defense Of t5e
President Of all the questions and " wSs ,Ss
practice Of the law, have wrung FROM the LEGISLATION Of
the country covering threefourtIs OF century 4,
& 9 ns aSG 1s ss dsy . the Department
The Presidents letter to Mr. Stanton, Of that date Is
evidence X RrseVslVs s@1s a.sOs w..rssro c. fe H. 1893
s tsuos ss q The ..S g'r, s. si ~ u. TSss
removed Secretary tsr To. pry.as, e. %sr sss
'"'SS' YSa "a. Il ssS .T TO BT.Ss, as TIq@. Aasa.
a:n amy vhS A a. % % q; 'sn az I.ss ss nd
pubs property now Jour eaJ 'Ns ,O.s,Os
.Boa RpS1s STsfSassy n sf.sTos sSSt w..Aasou D. ~
This letter adissSD not only that Mr. i stsnsS ssa
Secretary OF War on ae t OF sr o Re iSs of
Angpst D. 1851 whether made under the Tenureof'
Once act or not was abrogaed by tho acton OF The
Senate Of the 18th Of January s and tAat aSh aIc n5 u
Stanton thereby restored laHfuuy 70 the ounce VI
secretary for the Department Of War. l,a Do oLt.,.
ON the 2lst Of February the senate was 10 sfssga p
naval OF Mr. stanton-a nomination by the PRESIDENT 70
the Senate OF successor aud his confirmation ny tnst
body The President attempted 70 remove MT 5tsnton
IN way not known TO the Constitution ana IN VOCATION
thereof by Issuing the said order for his removal In the
first Of the articles 1t Is set forth that this order was
I'm violation OF the Constitution and OF the laws oI INC
limited States" IL show that Ire has violated the
Cons,itnon Of the United States show also that ne
has Violated hs oath Of Office, which pledged hun ~ sup
mort ths Consttuton Thus the guilt OF the PRESIDENT