The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-03-27
NUMBER IA.

Of the Un,tsd statss whose appointments are not
herein otherviss provided for, and Which snaii oe
sst.Sli:A.d By law bat the Sossss, .ss,o, % s:, !,
they thini proper in ths Prssidsnt sioas, :. the
courts oflaw. Of in The heads OF Dspartmsnts."
Could there b more complete rsfuistion Of
the gentleman's proposition that the exsoutiVe
power vested In the President by the Copstitu.
ton necessarily carried With Il The power ot
sppointment sad removal from o6icsl Couid
there Be more conclusive answer 20 his Who6
argument on this bead than 10 furnished BY The
last clause Of the geutlemsn's quotation ffo@
article two, section two. OF the Constitution
"But the Congress may by law yest the sp-
pointment Of such inferior ofhcers - they
think proper In the President alone, In the
courts OF Law or In the heads Of Departmsuts."
Hero We zee that this appointing power, which
according 10 the gentleman belongs % eIelu.
sively to the President by virtue OF his once.
that II Congress meddle with II they become
trespassers. and their scts are to be treated -
lmpertinent uulities. 10, BY. the Constitution
itsei 70 eLpr.ss terms pi.ses % r ISae' the. s
may divest the President Of Il, (so TAR 40 oil
inferior officers are concerned y and vest II ex.
clusively In the Supreme Court. Or they may
(as they have done) by lsw vest the power 70
appoint certain inferior officers in heads OF
Departments. transferring u from time TO time,
at their discretion, TO the President. The ap-
pointment Of other inferior officers they have
vested In the Supreme Court and they have:
! believe, the power TO vest the appointment OF
the heads OF Departments In the supreme
Court. The President being the chief executive
inferior and - the Constitution. In giving 10
Congress this authority TO transfer the ap:
pointing power. makes no discrimination and
fxes no Limitation within the range OF inferior
officers NJ grades to which the power should
apply. think II clearly excludes all executive
officers below the President, except those Whose
appointments are. by the Constitution, spech-
cally vested In the President. -,
Bnt the gentleman from Pennsylvsnts, Mr.
Woodward In speaking OF the officers to
whom this clause applies, says:
They could not bs hest' Of Departments, for
the power to appoint inferior officers might DO
vested IN heads OF Departments, and the Constitu'
tion was not guilty OF the solecism OF making
heads OF Departments sppointable by themselves"
II Congress could only vest this power Of sp-
pointment In heads OF Departments this point
would be well taksp; but they can by law vest
the power to appoint heads Of Departments
In the President alone er In the courts Of law.
allowing the heads OF Departments to appoint
officers inferior to themselves. The gentlemen
says this whole question was settled as . matter
Of constitutional construction by the First
Congress. The First Congress had the eame
constitutional power and authority TO construe
the Constitution as has the present Congress
no more, no less; and they never assumed any
such authority A. Is here claimed for them. No
Congress Is bound Except 10 the fulhlment Of
the obligations Of contrsctsl by the action OF
Its predecessor. Each must Judge fIr itself Of
the constitutionality Of the acts II is called
upon to consider and pass. ! have carefully
A. 4 II. T.. -. h.
fishing the Executive Departments OF the Gov.
ernment, referred TO By the gentleman from
Pennsylvanis, (Mr. Woodward and have
them now before me.
May 10. 1850. the act to establish the De-
partment Of Foreign Affairs being under con-
sideration, Mr.. Smith, Of South Carolina,
novel to strike out the words. "who shall be
appointed by the President by and with the
advice and consent Of the Senate" lie con.
ceived the words to be unnecessary; besides II
looked as II they were conferring power. which
WAS not the case. for the Constitution had eI-
ss, ss ,ss ssr. the Il. ..s To s. n
subsequent part OF the paragraph, because Il
declared the President alone TO have the power
OF removal. The words "who shall be ap-
pointed by the President by and with the cd.
vice and consent Of the Senate were stricken
out. The debate upon striking out the words
"to be removable by the President" was con-
tinued at great length, some members Affirming
and others denying that the Constitution con-
ferred the power OF removal upon the Presi-
dent. The arguments 10 favor OF retaining
the words In the bill were hasoi principally
the power should have been, rather than that
II was, conferred by the Constitution. The In
ference Is that the majority did not believe the
power Of removal vested by the Constitution
In the President, hence the necessity OF con-
ferring II by legislative act on. The minority
did not believe the Constitution vested the
power in the President, and were opposed to
conferring II upon him. In closing the debate,
Mr.. Sherman ssid:
81 wish Mr. Chairman. that the words may bo
len out OF the BILL without giving up the question
Many OF the honorable gentlemen who advocate
this clause have labored 10 show that the President
has. cOnstitutionally, tho power Of removal. II
this be vel founded opinion, they ought not 10
let tho words remain In the bill. because they arc
OF such nature 40 TO imply that he had not the
power before It wss yranted him by the Law.
III gentlemen would consent TO matea general
law. declaring the proper mode OF removal, think
we should acquire greater degree Of unsnImity,
which, this occasion. must be better that carry.
ing the question against . large majority.
erai, il WAS put, shall the words TO be- removsSis
by the President DO struck out.
"lt was determined In the negativs-thsrs being
yeas -. nays ~"
The question Of striking out In the Senate
was decided 10 the negative by the casting vote
OF the Vice President.
The fact that this power Of removal was con-
ferrei upon President Washington at Q time
when the Federal party (whose policy II Was to
strengthen the Executive Department. was 10
power by the casting vote OF the Vice Presi-
hn- taal lv IA har rtsI
the rights Of the people. And the TACT that the
Democratic party Of to-day are claiming for
Andrew johnson autocrstc powers, shows how
far that party has fallen from its early preten-
sions as guardians Of republican liberty against
the encr0achments Of executive power.
As have shown. the First Congress, In the
exercise of It's legislative power, conferred upon
George Washington the authority 10 remove
certain civil officers. In March last the Thirty
Ninth Congress In the exercise of the same
constitutional prerogstive. limited the power
Of Andrew johnson over removals by the pas
sage OF the bill known IS the civil-tsnure bill.
The first section reads:
That every person holding any civil once 10
which he has been appointed by and With the Si-
vice and consent VI tho senate and. every person
who shall hereafter be appointed TO any ONCE. and
shall be- entitled 10 hold such office until suecss.
,or shall have been In like manner appoInted and
duty auaiihed, except a. herein otherwise pro-
yidsds Prorid,d. That the Secretaries Of STATE, Of
The Treasury, fthe War, OF the Navy, and OF the
Interior, the Postmaster 0ensrAl and the Attorney
lenefai shall hold their ohcss respectively for and
turing the term Of the President by shom tbey
lav. been appointed. and for one usouth there.
,ftsr. subject 10 removal by and will he advice
md consent Of the Senate"
And the sixth section provides:
THAT every removal, appointment, or employ.
nent nade. had, or exercised contrary 10 the pro.
'isons VI this act. ant the making signing, seal.
NJ. countersIgning. or issuingof any commission
" letter of authority Tor In rs'psc, to any such
o, employment, .haII he deemed, and
Ire hereby declared 20 he. hi sh mi.demeanors. and
lpon trial and conviction thereof every person
.uilty thereof shall be punished by nne not ex
eeding $1,000. OF by imprisonment not exceeding
I've years or both said puniskment,. in the discrs.
Ion of the court"
II is eoutended by gentlemen on the other
ide Of the House that the removal Of Secretary
stanton is not prohibited By section siI. - no
vas appointed by Mr.. Lincoln and not by Mr.
Johnson, and consequently that his term Of
,firr expired one month amer the death ofMr.
lincoln. They maintain that the term OF Mr.,
lincoln terminated with his death. The gen