The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1868-03-06

csse OF sny vacancy the Psesidsat msy sp-
point . person TO perform the dusies while
the vacancy exists.
T'hess scts are followed by that Of the
cob OF Fssrusry. 1868, BY the 6rst section
Il Which provision 10 sgsin made for W
esocy rsused by death. resignation. sb
ssncs from the eeat Of government, OF sick
nsss Of the hesd Of any executive dspsrt'
men,; and upon The occurrence Of such va.
esney poser 10 granted to the President to
authorize re head Of any other Executive
Department, or either Of said departments
~hose appointments we're vested IN the
irssidea,. d, hi. discretion, tn perform the
duties Of the said respective s<ficsrs until a
soecessor be appointed, or 'W-ti sbse nee o.
inss,lty sy sickness hal he supplied in
the me inner sicressid for . lurgsr period than
elk months.
This law with soa,e nod f r%s'ions, reen.
scts the act OF 1897. snd provides ~ sid
that act, Tor The sort Of vacancy "a he kllrd,
but the sc,, OF 1892 make no p'ovision iUr q
vacancy occss'oned by . removal. II has
r~efsssnc altogether to sscsnciss arising
from o,hsr causes.
According 10 my construc ion Of the act
ri 1863. while it implicitly repssls the set
OF 1872 regulating the vacancies her Gin de-.
seribsd, /, has no bearing whatever on so
much cs the &C, Of 1895 a. applies to va
csnciss caused BY removal.
The sci Of 1898 therefore furnishes the
role for q yscsDcv occssioned by removsl,
90 OF the vacancies expressly referred 10
in the &C, OF the 7.b OF August, 1883, Gre
aling the department. Of war.
Certsinly there j. no express. repesl By
the act OF 1868 OF The sel 1885. The re-
Sssl.if there 10 any. 10 BY implication end
cen Gully he sdmiusd 90 tar &c there 10 Q
.eiss, ineonsistency between the two acts;
the act Of l7S3 10 inconsistent wiIh that Of.
1855 % TO vacancy oc%casioned By death,
resignation. sbsencs or sictnsss, but not a.
. l~lineonssteot - TO . vsesncy caused by 70.
<DovsL Ills sssusetly proper tina. The Presi-
dent could have the same power 10 ill tempo.
sssily . vsessey o~eeasiosed BY removsls. he
has 70 supply s>pIscs made vscsns BY death
q expisstiss Of . tern. II for instance the
Incumbent OF On Office should BE found who'll
II unf, 10 execute the functions, and the
psblic service should require bis immediate
expulsion. . remedy sheuld ex'st and At once
applied, and time be allowed tie President
10 select and appoint . successor. % 10 per.
nitsd him in case OF . vsea ncy caused bv
death or the termination Of an Official term
The necessity. therefore. Of an I'd interim
sppointneu, 10 just o. great. and indeed may
10 greater. ia cases Of removal shan in
Others.
II itsbe held. therefore, that the power
sivsn By the &C., Of 1896 in cases Of renov.
al 10 sbrogatsd by succeeding legislation. an
s.press repeal ough: to sppesr. So whole.
come . power should certainly no. be taken
away BY loose implication.
II may BE-. however, that in this as in
other essss Of implied repeal. doubts msy
arise. It 10 confessedly one Of The subtle
sad deba,sbls Questions which arise 10 the
construction Of statutes.
II, upon such . question. ! have fallen into
On erroneous construction. ! submit whether
Il should be characterized % . violation OF
sdicisl duty and Of law.
hsve deemed il proper in sindicstion oil
the course which I consid cred il my duty 10
ssks. TO place before The Senate the reasons
upon which I have based my action. Al.
though I hsve besn advised BY every mem.
Der Of my Cabinet that the entire tenure OF
once bill 10 ans constitutional. and therefore
void, and although | have expressly concur.
red in thst opinion in the veto message
which I hsd the honor to submit 10 Congress,
when returned the bill fer consideration,
have rsirained from making . removal oil
any officer contrary TO the provisions Of the
law, and have only exercised that power ia
case Of Ms. Ste nton, which. in my judg.
nent, did not come within i's provisions.
hsve e~ndesvored 10 proceed with The
greatest circunspection. and have acted on
" 10 On extreme end exceptional csse sns
carefully ivllowed the course which l have
marked ont Tor myself % . general lruIs
faithfully TO execute eli lave. though pssset
owe. my objections on the score OF consti'u
t~iona.ity. In the present instance have
appealed or sought 10 appeal to that fns
arbi,sr fixed BY The Constitution lot tbe de
,ermIostion Of oil such questions.
49, 49, - liz L.