Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-03-20

= ted and styled as Secretary of War ; anC
It hence and thereby the Secretary of War be
e came an g officer Of the United States an(
s brought within the provisions and limita
: tons OF the constitution in that clause whert
e only y 1t provides for, and prescrbes the mode
: OF, appointment Of public officers.
b., In regard to the appointment Of public Of
e tcers the language of the constitution is man
n datory. Here we find not a delegation OF
: discretionary power, but a positive duty en-
A joined. The President has here no choice OF
: discretion of nominating or Withholding the
G nomination Of any of the officers named. The
constitution designed and decreed that the
: government which is ordained should be per
petuated in all its departments and functions,
and it left to the President no power of
choice to defeat its grand design.
And here, sir, cannot forbear to express
my constant wonder and admiration for the
mastery and almost superhuman skill, and
foresight, with which our great 4" Magma
Charter, was formed and drawn. In every
trial and every emergency of our cyentful
history as u nation, it has answered every
want, and met every necessity. In the storm
and waste Of war-against riot and insurrec-
tion-against rebellion and inyasiOn-against
foreign enemy and domestic foe-against
treachery and treason assailing the nations
life and attempting It's destruction against
all dangers and in every crisis, it has proved
our shield, our guide, our guard. ami the
sure tower of 0ur defence. Even If desertion
and treachery are found intrenched in the
very heart and citadel Of the nation, attempt
ing to corrupt the guards and undermine the
very foundations Of the fair fabric of our pO-
Ht--1 structure, even then shall we find safe
ty ard deliyerance in our constitution
With most remarkable skill and foresight.
then, did the formers OF the constitution en-
| ploy the language Of compulslon, Of COM
mand-in regard to the duty OF the President
touching the appointment ot those officials
named m the clause under consIdentlon-and
whose existence and continuance We're deem
ed essential to the liieand welfare OF the Re
public.
/ 1t therefore becomes not only the duty, but
a binding obligation upon the President 10
nominate, and when, and as soon As, the Sen
ate advise and consent To appoint enibas-
sadors, other public ministers and consuls.
Judges Of the Supreme Court, and all other
officers Of the United States, whose appoint
ments are not herein otherwise provided fOI,
and which shall be established by law
Observe. the language Is, not that he snail
have power" % nomiuatc-not that he nlap
uominatc-but he shall nominate To refuse
or NEGLECT &, do II is at his peril And to
what end or purpose Is he 50 plainly required
first 10 nominate and the Senate conseptinr
then 10 au1oint. but for the purpose and to
the end that the form of government ordained
in the orrauie law shall not fail but that the
r,,yycrs IF Government shall DE neither consol-
Idated nor un.urped but that Justice shallbc |
maintained and administered hut that Judi |
cial and administrative officers shall be Ter
petunl. and the appropriate duties and finc- |
lions of their several offices be continuously
and inderonJontlv DISCHARGED and 10 the en1 |
that all the rowers and dcrartucnt, If the |
Government shall move on. working har- |
moniou.ly t51etber flr the uramoti,n of
reare and pr6sueritv If all the ueorlc. and !
the safety and rlorv of the Republic5
And how. cxcert by asserting. and IL need
III. enforcing. this duty and Obligation of the
Executive. can these hish ends he secured?
Indeed the Obligation Of tic Presi- /
dent o. nominate. and upon the assent of
the Senate 10 appoint. is. therefore. IN our
view. essential to thcprcscryation of our form
of Government
In tho concluding clause of the paragraph
referred To-, it is declared that-''Congrcss
may by law vest the appointment of such in
fcrior Offices as they think proper in the Pro |
ideut alone, I'm the court, Of law. or in the |
heads of Departments.
But We have already seen that the De |
partment Of War l., under the authority of
the constitution and by virtue of law. am ex-
| ecutiye Deparcment with Il " principal Off
Ger styled and known az Secretary Of War,
and consequently an % officer of the United
States, the mode Of whose appointment Is
clearly and definitely prescribed. Congress
has, therefore, no constitutional power to de
clare the Secretary of War-being the
'' principal officer of an executive Depart
ment-to he an - inferior officer, and then
l,y law vest hi, appointment ' as they think
proper in the President alone. in the "court-
of law, or in the heads of Departments. -
Indeed the absurdity and danger Of the posi-
! ton are apparent when it is considered that
il the executive department can by lcgisa-
ton be made an inferior department, and a
| Secretary of an executive Department Dee
made an .' inferior officer, Congress might
| by law vest the appointment Of the Secrc;a-
| rv Of War or any other head of Department
| in the head OF such Department himself.
! thus empowering Secretary to Yerpeuate
| himself in Office. or to appoint his successor
at his own pleasure or option. and thus ena-
| bling him to take his Department andh dhdmini-
ter its affairs outside and independent Of the
| knowledge or control Of the President or the
| Senate. Such doctrine is alike dangerous
and absurd.
The concluding paragraph of the same sec
ton provides that. The President shall
| have power to i'll up all vacancies that NAV
happ6n during the recess of the Senate. bv
| 5rantino commissions which shall expire at
! fbe end of their next session"
/ This clouse confcrs upon the President a
| wise lint limited mower of Temporary an
pointlncnt to meet and supply the exigencies
| and requirements of the public service dur
| inc the recess of the Senate. And here it
seems worthy Of special note, that only in
| This clans. can there be found any Grant of
nowers IN the executive in relation to an
continents or orantino of commissions But
| bc can,ot undeT this Grant of mower. make or
| e,rce removal either while the Senate are
! in session or during their recess. nor can he
oc himself nor at his own option create va
cnncv for the purposc of exercising the pow
or to =. fill it m He can. constitutionallv
and sor,l, only use the Grant for the pur-
nos,.. and under the conditions prescribed
and Emitej II is his duty also as bound to
| Il. Il - - c,;,LC,II, evc