New-York tribune., 1868-05-06

T THAT is his answer He claims this power under the
Constitution on that subject Senator'S beg leave 20
say in addition TO what nave already VAS
on trial for its deverance before the American peoPio
that such as m TINS c Mas OGgeG that usfpaton
of authority that for every violation OF the
or Of the laws he was liable at oil times hn 70 's tSroaSb
their Representatives., and TO try him Dcore ~ %
without let hindcrance from any trDuna IN the anu
refer this point 10 the clear ntterahees nl NJ ~,
iton recorded in the nth letter 70 me fea,as MT
with Mr. Hamilton that IL absnrdty in terms after
what has been written in the CONSTITUTION, Iur any an
his TO say that the President has the power
in the language OF his answer OF lndennltey vacang m
indefinitely filling them without the advice aud consent
of the Senate, in the absence OF an express law auto
ing him do Here leave that point FOR the eonsu
eratoa OF the Senate and for the consideration OF tat
great people whom the Senate represent on this trial
words of webster for the President con-
ceded is entitled TO some consideration in this BODY,
tons by wisdom, his genins, and his teacnng man
who, while living stood alone among living men oy dea
son OF his intellectual stature, and who when dead
sleeps alone in his tomb by the surrounding sea- ho1t
emblem OF the majesty and sweep Oh ms t m I'M oss d ~
Mr.. Webster on this appointing power, cOhietIeu
upon the President under the constitution oy ana w,n
power" said Mr. Webster, is vested In the PRESIDENT
ard Senate This is the general rule OF the
cannot be separated from herest but by that an exception
was intended but ali exceptions TO general rules are 10 DO
stronger reason They are not employed when not
requires IT," What answer i pray you senators, mas
been given What answer can be given TO TINS terpre
tatOn OF your Constitution by Hamilton ana webster
None except reference to the acts of l9 ana 1885, and
TO opinions expressed in Che debates OF the inst Con
gress neither Of which acts nor the debates Jusy the
conclusion that the President during the session OF the
Senate may vacate and iii oil the Executive depart
selves win bear no such Interpretation. dismiss
with single word all reference to the debate
on the occasion. for the Senate ~ not
unadvised that there differences of opinion ex.
pressed that debate nor the Senate unadysed mat
Il has been ruled by the supreme Court OF the Ohtea
states that opinions expressed by Representatives or
Senators in debate in Congress pending the discussion o
any bil are not to be received ~ any apoosy o con-
sructon Interpretation whatever to be gwen 70 to
act 10 would be sad day Tor te American people tie
time should ever come when utternees I'D an ekoiteI o
bate to be received as the true construction ana IN
depreciation OF law LOOK 70 tho ACT ssnae1Ls aa say
whether gentlemen are juStned M attempting 10 mieI
either from the legislation OF 1852 or from the legislation
Of 1895, or from any other legislation, that ~ any un,c
existed upon the statute books OF the country this tx
ecutve prerogatve in direct violation OF the express e
ter of the To vacate all the EXECUTIVE Offices
OF this Govornment AT hs pleasure ana 70 M .heih Hu
Ing the session of the Senate, ana thereby TO control al
lions aud millions OF dollars, at hls pleasure,
aud TO put it INTO the hands 0i irresponsible
ton admit that daring the OF the senaso such
statute should be aways on the statute books ~ long
as you have President who cannot be trusted IAe
man who betrays his trust Oagt "a be suspended from
his office by temporary removal FOR reasons appearing
today What ono of the Presidents counsel ventuIed To
say here that the President OF the United hates, at
Saeate Tie Offices Of the head OF Department even
under the act Of l7s9 and TO III thG oiee indse at
cited 10 support any sue pretoon OF power h TIE
Execuyei None Thateyer. TO BE- sure GieIenee was
TO remember that that wac expressly aatAosihed by
tho act Of i's9. II dSSs mot follow, W dSy any
was exercised by the elder Adams. that he thereby
Iashsd & PgsSeqea5 5a N arc @ Ss'SsaeH sssa ud % 5
every nisndmeii repealed iho sss ci isss ana ssPs
eu. AT X
made by the counsel and my s further ahswo in ihat
the elder Adams himself hs letter 70 the SECRETARY Oi
sdte clearly discloes did not consider u proper,
under the law Of ls9 for him 20 make removal during
the session the Senate aud therefore those sgcant
tary Pieerng that he should resign before the session of
the Senate 80 that on the incoming 81 h' SehSe, nc
might name his successor, showing exactly how ho ui-
derstood his obligations under ihe CostniiSh Aiongh
e reference 80 far as any body has Dee as 20 tas. ~
IS somew hat imperfect deem II but justice 10 me mem
ory OF that distinguished statcsmap 10 say that tho
whole transaction jnsuhes me IN MssI,lhE no,S ',1
Mr. Adams did not issue tho Cfter iRi uie I.
nIoval OF Mr. Pickering after the Senate had tonenccd
It's session. IL Is true tat ne issueu on i si' cd
but he did after the ScLate had c9hmehceu
rmed Secretary Of state and succeeded Timothy Pck-
erng removed by and with the advice aud consent OF ths
senate Nor does t appear that John Marshall exercised
fSe functions Of his Office or attempted func
lions Office until the senate had passed upon lhe qes
tiou OF his appontmen and had therefore necessarily
passed upon the question OF Mt Pckerlhg removal Al
these facts arise IN this ease Of the removal Oh rckehg
10 dsprove thing that has been sad mere ny way OF
spopsy Gr ~ ne Tinted states I'm violating the Con
stitution aud existing laws Of the country But the other
pToposltlon of the Constitution which reeed Yesterday
pours a flood of light this question. % the power
iii them at his pleasure aud dispei tho INST
with which the Eubtlees OF counsel nave alttmpt'g 70
enyelop it that IL the prUylsOn that The President sha
have power ll all vacancies that may happen during
the recess Senate and 10 issue commissions To his
appoIntoes which commissions shall expire a the end OF
the next session. Now ! ask Senators, what possible
fion' H. after all ~ is ciamod by the President in hs
answer he s invested by tie Constitution with the power
10 make vacancies AZ his pleasure during the session
OF the Senate ask scnatOrs further 10 answer what
sense there IN the provisions That the commissions
which he shall Issue TO III vacancies happening during
The recess shall expire at the end OF tie next session. H.
after all notwithstanding this Limitation III tic Constu
on, the President may during me session create vacan
cies and MI them ndeinteyi IL he has any such power
that must be allowed to say IN the words o. John
Marshall: Your Constitution Ot last but splendid
baube; IL is not worth the paper on which 1t 10
written at is matter Of mathematical demonstration
from the text OF that instrument, that lle PIekdopts
bower to fli Vacancies is lgtcft0 yachncies which may
arise during recess OF the Senate saye where II IL other
wise provided cr by express law Ihat my answer to
all that been said here by gentlemen Oh That subject
They have brought here long st OF appointment ana
OF removals from the foundation OF the Government To
this hour which Is answered 10y single word, that there
was an existing law authorizing IT. and that that law no
sary means what ii declares that the Presidents power
appointment In The absence OF every cypress law ~
recess OF the Senate and t neegssqry results that lhe
appop9 ee s2d q So Ps apd peS CONSENT ssrts "
the senate had 10 be made temporarily on othefnrc
must be n commission according TO the ffendehts own
claim Of authority arising under TINS unlimited Exeeute
which can never expire but by and with his
consent II anybody can answer that proposition
/ should like TO have an answer now u notwth-
standing an that Is your statute books II not
wtlstading this linitation Of The CONSTITUTION that
he TO All vacancies arising during the recess
hal expire at the end Of the neXt session lie may new
ertheiees make vacancies and MI then say that
such commissions cannot expire without lne S2Hssns on
the Exefffye II that proposition can be answered by
aty one desire il to De answered now. want 10 Know
hv what provision OF the Constitution the commission
yyo,Id expre on the plane Of this answerI want 70
Know by what provision Of law they would expire with
% The consent OF the Executive want TO know wlgt
Hecomes OF the appointing power lodged Jointly in the
senate with the Executive TOR the protection OF tho peo
Die rights aud the protection OF inc peope inerests
n no here anywhere by retained