New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-08-18

uniform Tho Constitution says "The President shaI
have power 20 hn up all vacancies that may haplt y
m ,vrirf IN DE end of their next session" Tie
,nI o9b y an suggested upon the construction OF TINS
o9 30 90, gops+tutOn nus relation 70 the true inter
w., M thc phrase that may happcu during the
rce. si tbe senae.' The subject fully discussed
Icy nj, wit u The year 1923. and no view ureuiieI
r,uld Shed llGht upon correct decision was omitteu
fou his consideration % a. He arrived at me m
@ PRESIDENT under this clause Of the Constitution wa.
not confined by 10 90 vacancies originating on s,ra
I'M vacancies tlat from any casually n'p~u
10 exist OF The time when The senate ,ton,
ne IS upon ths Interpretation alone that DID WI WI
Judgment the vs. noic purposc OF the mai e-
lions which Support and enforce tits o. iht ne,
and prnier construction the o,,,1rs ~ his
sUccessors-AttCruey-Gcn Generals Iaht w. ,isot pre.
aud IN Che more recent review oi ee t en- e6 adj.
jresscd Do the Postmaster General thaI ,,vgD q.
necessary DO more than REFER YOU, |" csbii.iied
.1v.,lYtlI doctrine 10 10 hardly ustiW 20 eApieN a
'ci,, a. Iuon af signal question. nave, however
or'l,u 81 sue,yed interest the whole subject OF
I-Cptigc authority iu appointments L" once ny
Cont ioris1aii0n of Congress attempted 10 weigh
l.u' , ,D1,oeiv interpretation OF Gs clause OF the
e,ost,f1tiou and the arguments affecting Just
can t no.; U 5"asnrr.nce TO the views OF my
learned predecessor, % Whom nave It5eI I
proceed now o. ey nne the recent Hesitation 9i Con
grrs known as the TeGurcOfCivil once acJ as bearing
upon the subject. Tie only portion Of that ACT when BE-
spird t0 The regulation OF Executive authority I'D lno
Hug OF admitted yacduCe, IN Office ls the thlid section
which reads as follows That the President small nay
power NIL a vacancies which may happen ourilE tne
recess o. the senate. by of death or resignation by
u4utiug commissions which shall expire at the end OF
One next session theIcofirr audi no appointments ny
ana with the advice ana consent OF the senate sIa poe
made such Office so vacant or temporarily hlled as
aforesaid during such neNs session OF ue oeI1,C,
such Office shall Iemaiu IN allegiance Without any
SALARY, fees, or emoiuments attached tnettVo ul..
One s4Iue shall be- hlicd by appointment uhc L
hy aud with the advice and consent OF tht sen
ute. aud during SUCH time all the powers ana
duties belonging TO such oleer shall be eAtLolseu ~
SUCH other oaoer as may by law exercise such powers
uHd dute, u case OF vacancy DID, such once It ms
c.usc OF this sectou OF me act repeats tlle
tho clause OF the Constitution which have clteu anu
docs uoi attempt any legislative mterpelauos Oh lhe
lHrd'e when may happen during lue recess W t t,
3te which adopta from tie Constitution upon t'e 'tAI
repetition of the word OF me constitution pus' OL pl
porte 60 Irt any interpretation uron them. Icy are
-eLset whefsr that sense may oe Lul WH,.5 "t Oon
-IcI the general knowledge which az persons having
responsible connection U.tL the conduct OF aLuts' as
well J legal and political students had OF tIe uniform
Interpretation OF these records OF tine Constitution which
had been accepted ana acted upon by the Executive
branch OF the Government 10 is conclusive presumoh
CHAT Co. Ere-s accepted tle words OF the Constitution
.ne Che exercise of Executive authority in the
iu which they had been accepted ana acted
Y,ug 10 vii be observed that IN the case o the va
rduc} nov under consideration, arising Oy Iesi-halon
section which IN terms. or by any implication Affects
purpOrts To affect tic Presidents authority ia AliS
5t "a I0 IL II1pted 70 '' arise 1pon
the eAprauOU the next session of the sena-e with
aut the Office having been nled by and with the advice
of the Senate" This predicament OF ubey
alC. ~ Its application 90 the 0f1ce made vacant by Mr.
hrLoEo resignation, can only arise by the expiration OF
enc next session OF the Senate without that bodys having
cJucUr.td ~ 1ll appointment 20 70. II thui event
Should occur then the operative enactment OF the tlrd
section would come into play and the office or collector
af NeWOutaus would Dc Tor the time Obutcrated rom
the public service but until then can not perceive that
the power of the President 20 act upon the vacancy M
Office 10 stands is affected by the provisions ol
this act am, therefore, OF opinion that upon the well
considered and l0ng-1OutuuCd Interpretation OF tins
clause Og the Constitution the President has power 70 hA
the vacancy Office OF Collector al NewOrlcans by
granting commission that shall expire az the end u The
next session OF the Senate, and that the Tenure Civil
DHce act does uOtlu terms, nor ia intent nor IA gsa-
lIrve construction Of this clause O the Constitution,
affect this power of the President in the case submitted
fu. my opinion. The disposition have made of the
ptucipa inquiry addressed to doubtless supersedes
Jhe uced 0ehdite consideration of the alternative
advice which 1 am asked for 10 the
llssible modes of keeping open the
bort OF New Orleans and collecting the customs revenue
there n caso the President had tine power Of appoint
ing % collector have. however, looked at these ques
0us sufficiently 10 feel that they involve matters OF
much difficulty. and that the closing Of the mouth OF the
hs, up TO tOreg commerce and the transfer OF that
commerce tire Atlantic ports would be an occurrence
of astounding influence upon vast interests an happy
10 md embellishments as 70 the regular oilclai
Orleans from the effect oi Executive power IN the
1.orr obedicut servant Wy. NJ EyDTs,
uI a r lFI II .IN