New-York tribune., 1869-03-30
XLIsr CONGRESs-IsT SESSION
SENATE. WASHINGTON, March 20

r1o T-PR
Se sixteenth Amendment proposed to the Const
tuition. .s .,rsFSrEp
Mr. srrMNER a2ep Mass) presented the petitoh VI
,ho socetv Of Friends Of Richmond, Va asking Ior an
sppFopnaton Of $4,000 for the erection OF an asylum iOr
eoIredH dHANIIN Rep Me) presented the petition OF
Polly D. Wright asking pension 10 o, INC
services Of her grandfather IN ne TX cTSRS
Mr. HOWARD ep Miehl presented n seyer a50po 5Oia.
resolutions Of the LEGISLATURE OF @ nDa ca%P the
prations for public improvements ana one cs nse e P
attention OF the Indian Department to the Importance Vi
having the Indians In that STATE ti sTs6 ySGeaSsso ,S
Mr. WILSON Gep Mass). from the Committee on MI
iary Affairs reported the joint resolution continuing tn 70
pay OF enlisted men at the preseu! Iate Sn INC O' "a
June, 1870 and II was taken up ana passed
Alan a ioint resolution, which was passed dropping
from the Of the army officers absent without leave
Mr.. HOWARD (Rep. Mich.l, from the Committee on
the Pacific Railroad reported ayora0 5oit ~ rn
granting the right OF way for the construction Oh I ar
road from point at or near Portland oregon 10 'ne
Cascade Mountains. ,.s,,
Mr. VICKERS Dem, Md reported from the OommlE
tee on District OF Columbia bill TO amend the usuIy
laws Of the District Of Columbia.
Mr. sPRAGUE tRep., r. ~ meyed to refer to the Com,
mee on Appropriations the o % odv oy ' ne ne
Ihoueht that Committee peculiarly well qualified TO aeal
MIN IT, SoG syoTsby mon this biz The names
and would DO transmitted 10 pOsterly III &c"
tiers OF gold and statues OF brass
The motion was agreed TO-
NAVAL JUDGE ADVOCATE. ,,,,
Mr. DRAKE Rep., MOI introduced a Dlh 10 esIapnsHn
the Office of solicitor and Naval Judge Advocate General
ANEW OATH OF OFFICE.
an oath of Office TO be by persons who partcp
in the late Rebellion but who are not disqualified by the
foui''gTr TWF SFw.oRIEASs AND SHIP ISLAND CANAL.
Mr. McDoNALD Rep AK @oGsceG sId sbip P 10 Tsand
Canal Company, and granting the right OF way 10 saiu
Company. - - - -. -
Mr. WILSON rep, hassl introduced blI 20 renVno VIZ
the political disabilities Of Judge Alexander 'es VI VIZ
siNi" THE TENURE oF-oFFIcE BILL.
At this point message was receISeu lIoln .he S5
announcing its noncOncurence In the action OF the sen
ate on the bill 20 repeal the Ienure-oi- Oince act
Mr. TRUMBULL rep, ll) moved that the senate
insist upon the amendments aud ask for Committee OF
Mr. GRIMES Rep., Iowa. moved that the Senate re-
Mr. DAVIS Dem. Ky) read Constitutional argument
AT The expiration Of the morning hour the unfinished
Act was postponed that the bill TO repeal the Tenureof
Office act might be considered , . -. A.
Mr TRUMBULL Rep. nl) spoke in support OF the
motion 10 insist as follows: As much msapprehensiOn
prevails tho Presidents powers In appoint ahu
briefly TO inquire what they under the Constitution
itself in the absence of any LEGISLATION what tey we're ere
Tenueooce act two years age ana how theS %oo9 oc
be affected by the 1 pa nG thst The
appointment and removal OF officers Is an executive
function and that nasmuch as the Constitution declares
that he executive power shall be vested In President
therefore that that officer must necessarily be vested
except were the Constitution has expressly forbidden IT,
and that s not competent by law to regulate the exer
else Of this power by the President SO far from the
grant Of executive authority to the President carrying
with IT any such power as is claimed, think do not
Ton itself and without the assent Of the Senate
or am act OF Congress, the President alone
can neither make nor unruake single officer. That
the whole subject OF the appointment 10 ana removal
consent OF the Senate regulation by law, seems to me
of demonstration The Constitution Itself says
the consent of the Senate. shall appoint ambassa.
dors aud other public ministers ana consTs ~ Judges o,
States whose appointment not herein otherwise pro-
vlded for and which shall be established by law But
the Congress may by law vest the appOntnehI OF sue
Inferior officers they think proper in the President
ments Here is the whole power conferred in the Pres
dent by the Constitution in regard TO the appointment Of
to which shall have occasion to refer hereafter 1t will
that the President cannot appoint any Of the Off
named except by the advice and consent Of the SEN
and he cannot appoint an inferior officer except Con-
as S S an er Without Se sG aS % the ne
Senate Of law OF Congress- 1t is plain he could not
Hence the power OF removal is SAID to
be incident TO the power or appointment and to depend
upon IT, because without an appointment there can be no
removal Congress had from time to time. vested the
President alone, the Courts OF Law ana tue Heads
Departments with the authority OF the appointment Of
inferior officers, but without s6h IT obvious that he
SOu'9 nave 10 az. authority. The trainers OF the Con-
suuuon intended that the offices should be hlied,
and being once filed, the question arises, how are
persons appointed TO be got rd OF II they prove
Inefficient or unimlhiul Tne Consutnnon IN m terms d
sitution gives the President power to MI uD all vacancies
which may happen during the recess OF the senate Dy
granting commissions which shall expire at the END OF
their session This filling up Of vacancies is not an
appointments because the previous clause OF the Constl
made by the advice and consent Of the Senate. The
Senate has nothing TO do with these temporary filings
up: they are not communicated to the Senate, need
not be- hut when the Senate meets at its next session the
Presdent sends to il nomination OF person TO NIL
the vacancy which happened during the recess and this
may be the person temporarily commissioned, or some
ether person and the nomination is made without refer
fO he
porary filled not. Under this power 20 I'LL up Yacan-
ces Which may happen. that ia by chance or without
expectation, a Practice had obtained by maintaining
vacancies during the and filling them up by tenn
porary commissions to expire at end Of the next
session OF the Senate and IL the Senate confirmed
during session. then after It's close 10 issue anOher ten
poray commission II this practice were to be tolerated
1t Constitutional provision requiring the
sssentcf the Senate to appointments entirely nugalory,
Rs II would allow the President to keep the offices filed
the whole tre by Issniag temporary commissions imne-
carried TO such an extent IN 1903 during Mr. Lncons
administration that Congress passed law Withhold
all salaries from persons commissioned to iii vacancies
after the Senate ADJOURNED II such vacancies existed
while the Senate was III session. az Statute, 646.)
WIch NAV happen during the recess Of tile Senate the
President has the right under the Constitution, and In
the of any statute to the contrary, 10 make
cancies by removal the purpose OF temporarily filling
themwich, insist, perversion Of the meaning Of
before passage Of the Tenureof Office act would be
to person from office and temporarily M IL till
the eud of the OF the Senate wheu n the Sen
etc refused to consent tOa new n0ninatOne Oce must
necessarily remain vacant Ior takg IT, % eia mo ho @ one
stitutiO and consequently with its true spirit and mean
p can remove am officer during the and thereby
create "A vacancy aud then Ill II by granting commits
zion 10 expire the end of the next session OF the Senate
aud Them when the next session expires, grant another
commission continue TIL the end OF the
following session, and on az long as he pleases.
assume III al before passage OF the TenureO Office
act aud II repealed all offices temporarily
Aed by the President during the recess OF the Senate
must necessarily remain vacant AT the adjournment OF
the Ssrrly this is not desirable Nature abhors
law treats thing In aheyance with dis
favor, writer's aDsuIdIty, aud surely II
could never been intended that officers should re-
main in allowance Such being the condition, without