The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-09-28

Sro bs me g. the It's object was 70 re.
moysl within ,s src Com i%is Aao aod re- e
been put on I, BY the Attorney
What was the original theory OF the co,.,,,,,on.,
syidsntp and removal which Congresa
In the first place. IL the opinion OF the pe..
Lawyers at the time OF the adoption OF
not nscsseary include that OF removsI.-Tne Fedes
Lie q fDn %assngioS sC5s sS On O. oGHs % ssS s
fsY See 49, ex t Soc s ksp 8 40 en
Ss. s4-5, 200, $40. 2f4. 'OH"'onS ifa~'
on 70 this view adopted by he First Oongreas
& ane Gazing ns vote only Of the Vice President John
py me txslted character OF General Washington the
This was a latitudinarIan construction no. war.
WSC ey the IeeT 81 the against
and which the act OF 1867 was evld emily intend "a
A construction otihe Constitution placed upcp the
CONSTITUTION by Congress by the passage OF leglsia-
gre;ss, than any other legislative enactmenS No
glsatlve nody can control Its successor possessed
Another atitudInarIan construction of the oonsti.
raj that the President may, during recess III n
See Johns Trial, sSsi serg oOnst ch 81 p s1s; he.
This is ikew ise mere question of construction tho
opinion nj q our Attorney General Is entitled no
matter sS6mltied % MIN 6y his client. AND when
The Attorneys.General are a branch OF the Federal
most extensive OF the power of the Fede
raj Hxecutive They the Preside nts professional
in favor OF The extension Il the ESecutiye tive
on n 5qs
mar, Harris, ilS @tister We. school Dreoiors as
The act Of 1867 intended correct this abuse; It pro-
csnciee shall extend only such hs ppen during
the recess by death or resignation. Johnson q
Can there be a doubt of the power Of Congress to
No powe, not ss pTssy granted
Constructive or power the of as the 70
Union. acting under the sane Constitution. and
Is undoabteoy competent to regulate their exercise.
se Ss 50 such the az prss
merely implied 10 construction are. it is cunceIved
wSeS al
when NOT restrained by the express words OF the Con.
i may be asked what what is the effect Of the fourth
intended that the President should not poSsess ths
Ss Dg ,Ss d1Dg hs wnch
rent from the whole .hs, tenor , Of the ,l Law
best constitutional as yers that his power 70 fii va
Sy which neppesa during the recess was conaed
that t certainly die extend 20 the aii
combent and That was Very doa6siu whetSsr S the n
extsnded to the flling Q, vscancy occurring Sy hs
Thsy recognized the power certainly xIyeu by the
the second class O. cases. And not desiring 70 a.m
fourth section they LETT the power to fiji Vacancy
occurring by The expiration Of the term TO be exer-
T Il this sives power the President might exer.
If ~ ~p
Intended to operate In cases In which the oficer's
term ex pres during the recess of the Senate. The
filling OF such vacancies is left TO be exercised unaer
the Constitution. -1 r. f
BY as to vacancies occurring by expiration OF the
ofc during the session. the President has
no power to appoint except with the advice and con
sent of the Senae the first section Of the act pro-
vtdna tor i,srf1s form of dnIfes
the ofce, and desgnates the who TO perorn
such duties: There Is no more reason why the iste
officer thoUld not be designaIed to perform thosa s
ties than his assistant some other OF his snbofdi
mates.
The act Is constitutional: 8 Johns. Tr. Shernor
s.; AZ Howard: SO Edmunds; 80l Henderson. At
The act provides a tenure of office for ali oaicar,
appointed by and with the consent Of the Senate to
duly qualified. Johns. IT,, 20 Fessenden, 8. "
Continued on the Ei0hth PI0e