New-York tribune., 1868-04-23
~ q NyfEha
De- >AH\IhM>4k| 4>AH. NEw-YC

public trust TSss SIS VOL l. Annals Of COrgess)
Perhaps the great rugvr observed Of abuse 10 the EIa
tive lies the improper conSsncs nan q % % s m 10 See zee S1
continued unworA President TIE llouse Repre-
whether the President rot The danger thea consists tr,g
,b,t i. ,S@d be continued wpt viii he the motives Which %.
feel M such seGe o. bis poss' and n. ss M
S":s before d. senate % Of for
70 and removal from bis high nast ase sl'. TOll
IT'S thus seen that Mr. Madison took great care to con-
meet opinions OF the power OF removal in the Presi
dent WITH ISreised qs1s by the Present he Would himself
be liable TO Impeachment and removal from office MI
as Whole he would be as defensee as he at the pres
ent time. If arraigned upon articles OF impeachment
public oicers The result Of the debate upon the bill ;or
establishing the executive department OF foraign affairs
the department removable from office by the President
Of the United Staes was stricken out by vote OF 81 IN
xpreson was introduced into the section which
Is anesty in harmony with the views expressed by Mr.
Sherman. and those who entertained corresponding
The second section is in these words: .r,.e...,.
SIC And b, rr enacted That there shan be In the se DE-
partment inferior officer pPop,d by the M principal oase
s e. q %gs % q. % Dss.s" - s Tosss Ss .s sud rS S.?
the sal, pn, officer ss be removed from once By a: r'oSsS
hsvs the charge and cas al records, books and I
II will be seen that the phrase here employed, wien
the said principal officer shall be from once
by the President OF the United States Is nOt gram VI
power to the President is It, was asserted by the
counsel for the respondent legislative
constitutional power But 1t is merely recognition OF
power in the Constitution to be exercised BY the fes-
dent at some time adsr 'Hne S rTs o statement or
declaration OF the time when such power h ooda m pe er
cised or the LIMITATIONS unpOsed upon it's exercise.
All these matters left subject to the operation OF ,ne
Constitution This In entire harmony Win Tue uecua
ton made by Mr. White Of North Carolina IN the DEBATE
OIL he says 49, c,,,, ., t. on.,,,io, and let n.
President Win without n. consent q Ss ss1 carr INTO S.SD ,sSS
s him iSsn hss cSg sog ose 70 % and Il. decision win ssl'b
struoto Of the Consultation -, - ....
Hence o. tbs mesuins ofibe ccStSllcs danger
time And no power sf ts kind ought the legislature
But We must give eeOstncio1 10 ihe - more
IL the power which appoints
Again Mr. Sherman said speaking OF the words which
introduced into the first section and finally stricken
| out: ,..,... ,n,
giving question either as the prOPneJ Of the
The debate upon the bill relating the department for
foreign affairs occurred In the month OF june 1882 IN the
following month of August Congress was engaged IN
considering the bll establishing the Treasury Depart
ment This bill originated In the House, and contained
the phrase now found 1t. being the same that con-
taIled in the bin establishing the State Department
The Senate was far satisfied Of the impoey Of max
ing declaration whatever upon the subject OF re0v
ali that the clause was by amendment The
House refused to however, aud the senate ny
the casting vote Of the VcePosident reeeded from lhe
All this shows that the doctrine of the right Of removal
by the President survived the debatVOnly Us limited
The results reached by the Congress 1889 oonclu
opinion that power Of removal not in the Presi-
dent absolutely to be exercised at oil times and under
all circumstances; and, secondly, that dnrng the sts
s0ns OF the Senate the power OF removal was vested Ia
the President and Senate to be exercised oy ef cor
that the power OF the President to remove from office
during the vacation Of the Senate was at best doubt
| ful power under the Constitution.
tbecomes next 70 consider the practice OF the Gov
ernent under the Constitution and n the presence OF
the action Of the first Congress- by virtue OF which the
President claims an absolute unqualnedir
advice ana consent o the Senate or the Of
any other branch Of the Government In the early years
President was rare occurrence and 1t was usually
sorted to during the session Of the Senate for misconduct
neesssoT through the advice and consent Of the SEN
ate Gradually practice Was introduced largely
officers during the recess OF the Senate aud
hng their Places ace dsr so sG@is:Ss snnSo, bS to
said that this practice became coIion until the election
OF Gen Jackson In iSas During his % me me
largely increased and In the year 1884, on the
18th Of Of * the TeSy mr THIS
eurred however during recess OF the Senate This act
an ardent controversy throughout the country many of
the most eminent men conteadns that there % was no
during the of the Senate The triumph OF Gen
TO the words which had been employed In the statute OF
iTss.
Il President clearly settled both upon tho law
o. the Constitution, that whatever might be his power
TO make remova during a session the Senate. except
upon and consent of that body 70 the appoint
Ient of % successor. This the opinion OF Mr.. John
HIMSELF stated by him IN speech made In the SEN
ate on the 10Th Of January 1881; ,,,, w n- renal,
here and the places ,sgss as By b. Consultation Of :ls
dsy Of March nsIi v, shall hIss majority bOdy sndh
S ,H. Ss1 mn oaS s sSs sSST .
rights Of the States other violation q The CS1'taiioH We by
De. saero.Ho.1i, Hoy, y; %y, 90 gs,. even 70
should not be sighting th. ba, the Union By res',ag even
q. sts,S.i.. S,As n Ss
& and 2 yS,: s SGs9SS q The soaa S %
u. h. 70 without So5 W. .S1 .s%s1 here,
balance power hands resist at the ysy hd
sss.s. issds Of %. Union .a . %, so' The a'.
% e,eeeds 900 vtbou, consultation WITH and oe aoqsss
power draw his ssry his 700 unless Appropriate
1t may be- well observed that Tor the purposes Of this
trial. and upon the question whether the President Is or
against him by the House OF Representatives OF no
consequence whether the President OF the United States
has power TO civil officer during recess OF the
Senate The fact charged and proved against the Pres
dent and which, one fact proved against him. We
MT Stanton from the Office Of Secretary Of War during
session Of the Senate i cannot be claimed with any
grant Of power TO the President TO extent beyond
century under the consttution and under the pro,
visions Of the law OF i7s2 None o. the PredsGessGrs
coin, although the act of 1859 in existence during
all that period had ever yentqred TO claim that either
dent OF the United States had power TO civil
officer during session Of the Senate without Its consent
and advice The utmost that be said is that for the
last had been the practice Of the Executive
remove civil officers pleasure during the Of tho
Senate While be urged that this practice, IN the
absence Of any direct legislation upon the subject had
the c7 ST % as 70 l
also true for stronger reasons. that Mr. johnson Was
bound by his oath OF Office TO adhere 10 the practice Of
his predecessors In other particulars none OF whom had
ever ventured 10 remove ciyl officer from his olce
during session of the Senate and appoint
either permanent nd interim. and authorize that
enter upon the discharge of the duties OF such
Hence It Is that the act of 1889 security to this