, 1869-04-01
TENUREOFDFFICEACT.


Remarks Of Xr. TFumbull.
IN the Senate, on Monday, 4 message nas .cce,s.
"a from the House, Announcing It's non-concur-
Isae9 IN n ne action q The Senate on the bin 70 re-
peal The Tenure-of-Odlce act
AE- TRChsrn noSed that the Senate insist up
On rs amendments, and nak for on cnlttee Of
VI. CHIMES moyesi that the Senate recede,
NJ lfumbuli spoke IN support Of the motion to
.na1At . as fol!oNs: As much n!saPpreheoslon pre-
ment and removal Of Officers under the const1tQ-
non Propose. hrteny. to inquire what they we.c
under iac constitution itself In the absence Of any
existed PRIOR to the psasage OF the Tenu.oof-O once
acf S"o Year, aru, and how they would be Affected
y ne amendment Of the Tennse-of-On1ce act ~
the appointment and removal ot officers Is an ex-
etuttye function and that, lnasmuch as the con-
stttunoo declares that ''the executive power snsn
inst thst on.cer mast ''sn.; nsees.a1ls ss'ofe be
rested Nth the -, power TO appoint and
fsm9se in re- oeess =. ~ ssesp: wae5e sas sonssu
competent ~ law to regulate the exercise Of this
power t'y the President So far from the grant OF
r1sep,t,e au.not. 70 ths President nh
spcak to strongly when say that uadeE the con
stitution Itself aud without The assent Of the seu-
ste o. IN act Of Congress, the President uone can
ntttnff make nor unnAte single otlteE. That
the whole subject Of the appointment To, and re-
moral !ron, once L, hy the constitution made
~ a1. W SEEMS 'ea 70 u ms ms aAe @.tser q d.
nonstraiion- The constitution i,seu saJs: "The
President shall nominate, and BY anl with
dors and other public Ministers and Consuls;
judges Of The Supreme Court md ali other of1cets
Of the Cnited States whose appointments nre not
established By law. Bu. the Congress may By law
vest the appointment Of such inferior officers -
they think proper in the President alone, IN the
Here il the Whole power conferred IN the Prcsi-
dent By the constitution In regard to the appoint
men. n, q omeen e1csps he Pc pHwss semp@a16 70
refer hereafter. II will bc seen that the
President cannot appoint any Of The ON
bes. named sxcent by the sdEies and 1. con.
an Inferior otscer except Congress haa by lsw
cothei hin with power 70 DO 80. II he cannot
arpotn: An of1cef without the consent Of the Sen
remove one, for until one was appointed there
Houid be none to remove Hence the power OF
rclnosa Ii said to be Incident to The power Of ap
po!ntmen1 and to depend upon 1t, because with
cut An appointment there can be no removal
Congress Ind frpm time to tine vested the PrtAt
dent alone the courts q law. and tae heads 81 de.
OF Inferior of1cera, but without such Law - OBJ
y1o1s that he would hare no such authority It must
Of IL Constitution II /. have quoted, ,hat he Pres
1deut tn the exercise Of hts executive authority,
has no power By himself to appoint anybody to
otIce, because the Constitution declares that that
power can only be exercised bJ the consent Of
somebody else, As the government could not be
carried On without on1cers. The trainers Of the
niied, and being once dlled. the question arises
how are The persons once appointed to be Rot lid
Of Il they prove tnericleat Or unfathful- TIE con
anosheT % cIause oi the constitution glyes tia Pres
pen during lie recess q the senate y
end Of Their next session. This nlllng up Of ~
cancit8 Is not N appointment because the prem.
Gus clause Of the constitution had provided that
could ON! e @ss y tae ss ats,ea
do with thesR temporary hllinGs up; they are not
communicated 10 The Senate. or need not be, but
Prcsiient seads to it nomination Of some person
cesx, and this may be the person temporarily COM
nomoaan @'1soas mals sas se %iasoat Tsferenee
the fact whether the vacancy has
been Temporarily 1rsa ~, q moi. End, undes
that is By chance or without expectatlou-a pfao-
tee had obtained BY maintaining vacancies during
the recess and anoe them " ~ smnosy, ,o1 CON, n,
the Senate and If the Senate confirmed no one
during the session, then after - close 70 Issue
another aa per
uonn provision requiring consent Of the Senate 10
appointtne nugstoE5. a. Il would allow
The President 70 Keep Lite SUtE8 u4lSA LIE NAUlSs
time By issuing temporary commissions i1nuse-
dtately after the adjournment Of the seasion.
1his abuse was carried to such IN extent TINT IN
1863, during Nj, Hncoln's administration, Con
gress passed Law to withhold a1l salay from per-
sons commissioned to Ill vacancles after the SEN
ATE adjourned. n Nhich vacancies existed while The
ssnas was u sssson O. sta1as ~ n ~ 1 o
which may happen during the recess Of the Senate
the President has the rgh, under the constitution,
and in the absence Of anI s:atute 70 me contrary
In ArF4n =
temporarily dlltng them, Which, l lnsls1, . pSf.
version Of the meaning OF tho woTd Happen, The
extent of Tie Presidents poxsr ietoFe 10 - me pass
person from off1ce aud tempoIatny " u! tat
end Of the next session Of the Senate, Hhen the
Senate refused 10 eohens fo4 tsss
i, that no one will seriously contend that the Pres
ilent under the constitution and consistently Wti
It's tue spirit anu meaning, can remove an otlcel
during tho 1seess and thereby cEeaie . Sacanc!
aud then Ill It b. granting commission 70 e1pss
=. the end Of the next session o. The SENATE, 4uS
then when the ne1t session s1pisea gaat anotns {a
commission to continue on till the end Of the fol
lowing aesE1on, md 50 on - long = he ple4se
..sume that before TIC paass q tae 1Snn5 ~ oos o.
temporarily nlled by tho Prcatdent during ~
rece1s OF the Seusiel .nuss necessa11J 1EmAl
this Is not desirable; uasufe ubho.a vAsuum
and toue writer's II an aosar.iity, ana a.. sargy @
| should remain In abcJance. Such being tho con
dttion Without any TenuTs-ot- act, how doe:
hat 70 % a 5i1s ths ne
| dlsplace an otncer during the recess. and 70 oe
volve It's tutica on person Of bis own seeettoi
1n the end Of nc mex. seas1n o. 'as as,s aoTc
discretion, md u designate another fron
@s ,se ed q p* Il he = ne4s se' session
i the Once w veEe totsliy FsPssisa =
sas ~ she md Ii
| dent The only efect Of the Tenuc- once acf
Inc service is closea In case the Senate refuse u
confirm nomination, or by not Eefusng 70 concnl
| IN his suspicion Without the law tne once mos
20 back Which Is best for the public Interest,"
That the ortces once nlle By the concurrent actot
! OF the President and Senate should, A1tsf
SUCCESSOR become 7sean. q that the S!. t1su
| bent, whcn his suspension WIS smrnAuFet5 alsAp @
proved Of hy the Ssnais shon!d 60 nsn tss, a rpa,
Of The Tenure 0t1ee act, ~ Amenued n5 tas ~
Senate. Why should not the two House, a4Ese q q
when pr.:tc91! nc rs sn, q bis pFedeces =
soIx and te hss them Ia N unquesuoned form
Nobody can doubt the authority .! Goo93ess ~ p
~ = nn%11 i. M u lie power 70
fhe Iturston Of the term OF Office II essahatshes
I Why then this disagreement between tae tNt
/ hQQHHA md 10 EnQC2 1etllu& ~ NC ASAAAJ
| peI6unaed that It aI!se1 tou The actlon OF Ills
chief-makers aot persons who dtstse 70 ear up ~.
| moety between the TWO branches OF Cou21ees ~
the Executive Its mtstAke 70 suppose thst III
| Senate wishes to afros1te to Itself powers aoosl
| {hc House Of Representative OF the E1ecuuFe
| me constitution has made III ats!ce and consen
| Necessary to the appointment Of omcefs. aad o
! and consent unnecessary, who ma8es VA
on the constitution And not On N
| rover assumed by the Senate which does DOT @
| long tott II the two houses VIII app1uacn nj
| subject in I spirit Of harmony, and believe the
| Mil sud not with 4 desire 10 get up antagonist
| thcTc cau Be no dif1cultJ In coming % An agree
| mend All the friends Of the administrator d
at1e to remove any obatacIes that mAJ c11st TO It
fa,ihfui and emctenf conduct Of public Afatrs: N
| ia there Be no strife bet6eea a, hos an homer
enot to uphold and sustain the adrninisd Vito
| which the people have eAosen, In IT. endeaSors !
| enforce The laws and 70 secorr peace, prospeftt
| and happiness 10 the people.
Criminal Matters In Detrnit~
+ DETROIT, March st--vineent was arrested bel
YESTERDAY, and s., 900 bond found with him
stole sa010 In Chicago and came here 70 dispose
tnc lot. pnleeE Elliott, Of Chicago, takes hi
Jeanette wallsce, E!rf Of eighteen JeArsr n