The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-13

GohotesS 10 IeSal body, but that AndreV
johnson has no legal title to bis office. Ii
GAINED when DO not admit that th
|, President is the representative of the neonl
OF tne Uni'ed States. Now. it is a fact tna
eleven States were denied the right OF pattl
cipating in the election of President an,
Vice President. Some of the States Uer
prevented by military force, others. anon
which was the State OF Tennessee, were pro
hlbited by law from r9pFes entation in th
electoral college. The gentleman from Penn
sylVania MIR. Woodward and his associate
contend that these electors were deprived 0
ther rights, which, il true, invaIidates th
election. IL follows, then, according to. th
logic or these gentlemen, that Congress, be
ing composed OF members legally elected an,
nom States entitled to representation, an,
hayIng constitutional quolum, is a le9a
BODY; but that the States Wrongiully, as the,
aueSe, deprived of representation are no
bound by the acts of Congress. And 1t also
happens 5hat the President is an Illegal Pres
!dent, large part OF the electors making hi,
constituency having been illegally derived
OF their rights to participate in his election
Just as deprlviny un.aw.ully any portion OF
.ne eiectois IN representative district ot
thelr rights to participate in the election of a
representative would invalidaie tue election
| OF representative, while it would in no
| way aiiect the rights of others or the char
acter OF the body to which they claimed an
| election.
But, sir, if the gentleman from New York
lhr. BROOKS. and the gentleman from Penn
syiyania Mr.. WoodwaldI believe their own
| doctrines upon this subject; if they really
| 0eleVe that the exclusion of the Southern
| States disianchises all the loyal States. what
business have they here, drawing their salar-
les, and voting to tax the people? Their
Official acts contradict their professions ard
stamp them with insincerity. 1t has been
co1t, nded by the defenders of the Pres-
dents usurpation that the Constitution gives
nm tie power OF removal, not In express
terms, but by implication, as necessary in
cldent to the executive power The gentle
man rom ] ennsS lvania tMr. Woodward
contends that the whole executive power OF
the Sovernment is vested In the Flesident,
ana tsat this executive power necessarily in
cludes the power to appoint and remove ffom
Office; that the President, being the chjet
executive officer OF the government, and be-
ing responsible for the faithful execution ,af
the laws, should have the control, direction.
and power OF removal OF all subordinate ex
ecutve officers. That 1 may state the GEN
tleman's position fairly l quote from lis
speech as follows: ~. st D.,
The Constitution distributes the powers de-
legated to the Federal Government among
-
Legislative, the executive and the judicial To
tne legislative department are given 'all the
leglsatlV1 powers herein granted" Article
two, section one, reads
The executive powers shall be vested in
President of the u United States of America
And, SAYS article three n a. m Tlr
Inc Judicial power of the United States
shaii pc vested in one Supreme Court and in
such inferior courts as the Congress may from
time to time ordain and establish" F r
unS tod oII H. i
ed to the Federal Government What poWers
these are must be seen by the Constitution or
learned r0m the political science as applicable
70 contederacV of States in union under a
federal Constitution.
But whatever executive power the Federal
Government possesses is vested in the Presi-
uent. he Is made the sole trustee of the peo-
pie IN this regard. In the matter of appoint
ments to office and the treaty-makinc function
check ls imposed upon the President by the
provisions which require the assent and cou-
currence of the Senate; but even in these iu-
stances the power exercised is the Presidents
The concurrence OF the Senate is only a resu-
Iatlon ior the exercise of the power. The Sem
ave possesses not an iota of executive power
Its functions are all legislative except when
1T Sis upon impeacbments when tbey are
Judicial. The separateness and completeness
OF this executive power in the hands of the
PRESIDENT are a doctrine very essential 10 the
harmony OF our system and of the responsible
~ Va SuO ACSiuCAt people. lie is
trustee for them, and that he may be held to a
strict account of his stewardship the Individ-
uallty and excluSiyeness of the power with
which he is clothed are not to be questioned.
And If Cong ess meddle with it they become
trespasSers their act is an impertipeIIt nullitv
and the President is not to be iulDeached f9r
di>regarding it. LAYS
Now, sir, see what the Constitution saws
ese"t ess ris "rrointing power. Aftcte.v~os see--
ton two, says: era rs r~
He shall have power, by and with the ad-
vice and consent OF the Senate, to make
treaties, provided two-thir6s of the Senators
present concur; and he shall nominate, and
by and with the advice and consent of the
senate shall appoint, ambassadors other pub
lie ministers and consuls, judges of the Su-
preme Court, and all other officers of the
United States VIII ,se appointments are not
herein otherwise provided for, and which shall
be established by law; but that Congress may
by law vest the appointment Of such interior
omcers as they think proper in the President
alone, in the courts of law, or in the heads of
Departments"
Could there be more complete refntatiou
OF the gentleman's proposition, that the ex-
ecutlve power vested IN the President by the
Constitution necessarily carried with it the
power OF appointment and removal from
office? Could there be a more COZ elusive
answer to his whole al gumenI on this head
than is furnished by the last clause of the
gentleman's quotation from article two, Sec
tion two, of the Constitution? but the
Congress may by law vest the appo ntment of
such inferior officers as they think proper in
the President alone. in the courts of law, or
in the heads of Departments" Here we sec
that this appointing power, which according
to the gentleman felon9s so exclusively to
the President by virtue of his office, that if
Congress meddle with it they become tres
passers, and their acts are to be treated as i'm
pertinent nulities, is, by the Constitution IT.
self, in express terms placed SO far under the
control and jurisdiction of Congress that they
may divest the President of it, (so far as all
inferior officers are concerned. and vest it ex-
clIsively in the Supreme Court. Or they
may las they have done) by law vest th e
power to appoint certain interior officers in
heads OF Departments, trans erring it from
time to time, at their discretion, to the Presi-
dent. The appointment or other inferior Of
ticers they have vested in the Supreme Court
and they have, l believe, the power to vest
the appointment OF the heads of Department
in the Supreme Court.
The President being the chief executive Of
fcer, it follows that all below him must be
interior; and as the Constitution, in giving to
Congress this authority to transfer the an.
pointing power, makes no discrimination and
fixes no limitation within the range of inie-
rior officers OF grade to which the power
l
executive officers below the President except
those whose appointment is, by the Constitll-
ton, specifically vested in the President.
But the gentleman from Pennsylvania, MIR.
Woodward,j in speaking of the officers to
which this clause applies, says: -o
They could not be heads of Departments
for the power TO appoint inferior officers
might be vested in heads of Departments
and the Constitution was not guilty of the
! soleciSm OF making heads of Departments an.
pointable by themselves.
If Congress could only vest this power OF
appointment in heads OF Departments this
point would be well taken; Iut they can by
law vest the power to appoint leads of De.
| partments in the President alcne or in the
cours OF law, allowing the he, ds OF Depart
| ments TO app oint officers inferior to them.
| selves. The gentleman sa; S this whole cues
| tion was settled, as matter Oi constitutional
construction, by the First Congress. The
| First Congress had the same constitutional
power and authority to construe the Consti
tuition as has the present Congress-no more
| no less; and THEY never as ume1 any such
authority as is here claimed Tor them. Nc
Congress is hound Except in the mIhllment
OF the obligation OF contr 'cts) by the action
| OF its predecessor. Each must Judge tor il.
self OF the constitutionality oi tie acts it is
called u on 10 consider ard PASS. l have
carefully read The debates ia the First Con.
| gress establishing the Exc, utive DepartD entS
| OF the government, reierred TO by the cent g
man from Pennsy lvania, Mr.. Woodward.
| and have them now before me.
May -. 1889, the act 10 establish the De
rartment OF Foreign Affairs beng u, der con
sideration, Dir. Smith, OF South Carolina
moved to strike out the words who shall IN
| appointed by the President by and with thu