New-York tribune., 1868-04-28
NETWORK DAILY TRIBUNE, TUESDAY, APRIL 3D. 1863

trey at variance seems to be confessed with the de
ii WseU which on the doctrine Of Mr. Madison IN the
dehate of iiso that the power Of removal strictly
executive one and passed by the general grant OF the
IodSed must have been ifrecoverably the other
way because in that case it must have have
mere permissve sub siento of power like
this temporary surrender on grounds OF per per
lated in constitutional interest, and was in point OF fact
authorized to all but the superior 9lGer F. can cam raise
laws IL will require To abrogate the Iundalehtal law
win stop TO n9na ths n6weT o Or TcSva g 9"
but an Incident the power OF appointment so tha oI
course he exercised only Dy the same % agency ySd a
The Office act exactly provides Ihe next ahd
last ease is that of the United states ag Guthrie re-
ported in II Howard 2si WHICH nc NV was an AZ
him to pay the salary OF a territorial judge iSe
President before the expiration Of his term,
which was fxcd by law at four years. The case was
proper try the title TO an Office ana thereupo
the question Of the power TO remove was NOT W
the main point and felt called upon OF course 10 P'ss
upon the other Here Mr. Williams red eAlIhSts pn %
perhaps that all this IS qualified by the ,t &
power of removal has BEEN perhaps 100 iong estphse
aver to refer TO the observation which follows that "te
voluntary action Of the Senate ana he iIesdent Woui %
be Necessary % h9 e1dso hm sneh events as our eyes
have witt 5ssed and such CONJUNCTION oi hildis lo1m
Win ali bis formidable patronage and all the prestige OF
his place without even the meager support vi 'uu ia
House,
Yrahabiiity When he remarks therefore, that II was
perhaps too late to question IT. he means Oh course 70
meant otherwise would not have referred voluntarily
20 cbange oI practice, as operating corresponding
nd 100 ,ge statesman 10 affirm that the fundamental
law of great state could6e wresed from ts true con
toeyItion of mschieyous Practice and monster wee
than ,ns so hc Te9rsd ndc Srom rs @P!G sc nr rom rS Ss
tanning the views OF the President, settles at
least Two points which are iat2l to ms prelen'lon
is [ mn e is"Rnbent rclnoraHe eIoept by me process Of
rcndr met and secondly tlnt me Io,cSr 10 reD0re 50
.oPs cTis is 6t a., inedeS 10 me porr 10 appoint:
is il any answer 10 say rs has been claimed in debate
this floor, that these cases Of inferior Offices
where under the Constitution, was within the power
Of Congress TO regulate them AZ ts discretion There is
nothing in the provisions inferior Offices dstn
guish them from Others beyons the mere article Of
appointment This IS question Of tenure, and that Is
equally underlined 10 both except in the few eases
specially enumerated therein IL equally within the
power Of Congress TO regulate in one case in the other
create When il establishes an office IL har established
the Department Bureau by law II has OF necessity the
ioRs sG' it 70 sha H'''DS be held and when i sSi i
When & IT rv 1C9s Show say S reason a1 no%cr
which only implied from the fact that the tendie OF
office has been lei indefinite ~ tne w,n
be held 10 defeat its will and shorten the fe oi us own
creature where its legislation Is express Ana
So too as To the doctrine mat The power 3 iemoya
but incident 10 the power TO appoint Ihat IL hcicd
upon grounds Of reason, as general pHncpc when mas
no more application 10 niercr oDCels tna 10 superior
ones The idea H. that the power oI removal wherever u
nature OF Things out
of the power 10 appoint aud that as consequence ths
power tnat makes, and none other, must unmake And
this idca II ruled in the particular case hat the
power 20 remove IN eiudgc because the authoryto
appoint there. IL equally rules, however mat Whro
the appointment il In the head OF department. the
power Of removal belongs TO him, that where II lodged
By Congress in the President alone is IN INN Only ana
where 1t is IN tho President and Senate coony there
it s in the both which l. precisely the doctrine main
tanned by the minority I'm the Congress Oi ls' III ought
TO be sufficient answer however that no such aisno
ton was taken by Justice thompson III he h.ehan ,hs
although he referred 20 the departure from ine re IN
the practical construction which had assigned the power
to the President alone The judicial opinions haNlps
thus sgnay failed 10 support the dangerous hereses OF
the President the next resort Is 10 at O INC stateseh
LAWYERS and publicists who have from lime 10 time
illustrated cur hstOry and here too u VIII bc found That
the great criminal who s at your bar has not better sup
port than ho has found IN higher quarters am not
here 10 question the doctrine which has been 20 strongly
urged upon the authority Of Lord Coke; that contepo
raneous exposition is entitled to great weight IN law
Taking 1t TO be sound. however. VIII hardly pre-
hended suppose that there n anything OF this dcsrp
tion which will compare IN value with the authoritative
might almost say Oracular uterance Of the Federalis
for the CONSTITUTION the support people Of the
eral states aud has since occupied the RANK OF esie
nth number OF that series which u ascrbed o the pen o
Alexander Hamilton-hmself perhaps the nrst among
his peers In the Convention which framed that instr
ment-it is assumed as an unIuesu0nable propCsluol
and that 100 IN Tie way OF 20 .e q, %.
tiOn that Dasnuch az the Senate was 10 participate IN
the business OF APPOINTMENTS it, consent would there
fore be necessary 10 displace well to appoint" Nor
II considered even necessary To reason out II
IL does not seem to have been supposed by nDody
power so eminenty royal could ever ne raised III the
OF silence Of the Constitution that subject and the
failure 20 provide other mode OF removal than by the
process OF Impeachment IL the conclusion, however was
not a sound one. then 1t better than false pre-
which those at least who concurred n s pretense
morally estopped from coniroverg ana yet ~
30 Of the distinguished authors Of these papers IN his
quality OF legislator that the nation Is mainly Indebted
for the vote which naugurated snd fastened 80 long upon
IL the mschievOus and ant-republican doctrine and
practice which 10 has cost revolution To overthrow.
II does not seem, however, to have effected any
change III the opinion of the distinguished author
as We ind hun Insisting ~ letter written Ten
War; that then the power TO Ill vacancies happening
during recess OF the Senate ~ TO be confined TO such
Offices having been once 1led, have become vacant
by accidental circumstance From the te Of the set
by It's h Congress- down 10 the accession OF the younger
Adams In ls6-a period Of nearly ~ ycsrshe question
does not seem TO have been agated Tor the very sats
factory reason that the patronage was so crcumsDed
and the cases OF abuse 30 rare as 10 attract no attention
on the part OF public men In me lasinaIned year how
ever, committee was raised by the senate, headed
by Mr.. Benton, and composed of nine OF the
the subject OF restraining the power b! legislation
That Committee agreed IN the opinion that the practice
Of dismissng from office dangerous violation OF the
Constitution which had, IN their view. been changed IN
this regard by constructive legislation which was only
another name for legislative construction ana rerorted
sundry bills for It's correction not unlike IN some re.
spects the present law These bills failed OF course but
trine which followed this accession OF the next Admins
traton that the public Office, like the pundcr Of camp
smbect was revived n 1885 by the appointment Of an
other Committee, embracing the great names Of Calhoun,
Webster, Benton Tor the object lhe result OF
their labor the construction OF bill requiring the
President, in all of removal, TO state the
thereof which passed the Senate by vote Of 81 TO TO-
nearly twOthrds Of that body. In the Of the
debate that BILL Mr. Webster, whose unsurpassed and,
think, unequalled ability as constitutional lawyer
will be contested by nobody, held tins emphatic la-
guage: After considering the question again and again
within the last six years am willing 10 say that IN
my deliberate Judgment the original decision wrong.
cannot but think that those who derived the power
in had the best OF the argument" at appears 10 Inc,
after thorough, and repeated, aud conscientious eXaml
nation that an erroneous Interpretation was gwen TO The
Constitution In this respect, by the decision OF the First
Congress" and again, 81 have the clearest conviction
that they" the Convention Cooked 10 other mode Of
dspacing officer than by impeachment the regu-
appointment Of another person 10 the place