The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-04-05
Ghe0ttelIiqe1cer:
THE TENURE.OF.OFFICE ACT.
WHAT IT MEANS.

| IRON the Washington Chronicle Of SATURDAY.
If the bill as passed has been correct.
ly published, we do not see that there is
any ambiguity in its provisions. The
first section provides that no officer an.
pointed with the advice and consent oi
the Senate can be removed before the
end OF the term for which he shall have
been appointed 1ViUout the same advice
and consent, or the appointment with
the same advice and consent) of a sue.
cessor. Up to this point the law Is pure
ly restrictive, and ties the hands OF the
President. But now comes the releas-
| Ing clause, as follows: Except as here
In otherwise provided"
In order,to see what IS herein other
wise provided, let us examine the sec-
ond section, which enacts as follows:
That during any recess of the Senate
| the President is hereby empowered, in
his discretion, to suspend any civil Off
Ger appointed by and with the advice
and consent of the Senate, except
judges of the United States courts, u7l-
til the end of the meet session of the SEN
| ate, and TO designate some suitable per-
| son, subject to be removed in his dis
cretion by the designation of another
to perform the duties of such suspend
ed officer in the meantime; and such
person so designated shall take the
oaths and give the bonds required by
| law to be taken and given by the sus~
pended officer, and shall, during the
time he performs his duties, be entitled
to the salary and emoluments of such
officer, no part of iOhich shalt belong to
the officer suspended; and it shall be the
duty of the President, within thirty
| days after the commencement of every
! session of the Senate, Except for any
Office which, in his opinion, ought not
to be filled,) to nominate persons to fill
all vacancies In Offices which exist prior
! aI.- 81, Rk,1
temporarily filled or not; and also IN
the place OF all officers suspended. And
| If the Senate, during such session, shall
refuse to advise and consent to an ap-
pointnent in the place of any suspend
ed officer, then, and not otherwise, the
President shall nominate another per-
son as soon as practicable to said ses-
sion of the Senate for said office.
Now, suppose the Senate rejects the
first nominee of the President, and he
sends in second, who is also rejected,
and so with a third, or any supposable
number, until the Senate finally ad-
journs, without having confirmed any
one to take the place of the suspended
officer-what is the effect OF this upon
that officer? He has not been removed,
and, under the first section, cannot be,
without the advice and consent of the
Senate. He has only been suspended
under the discretionary power vested in
Suspension implies q temporary dis
placement, and the term for which
suspension may be made is defined
with precision by the law. That term is
"until the end of the next session of
the Senate" after the suspension takes
place. If, then, the Senate during its
session has not confirmed successor
to the suspended officer, and thereby
converted his suspension into a re-
moval, the adjournment of that body
at the end or its session marks the
limit of the time for which the Presi-
dent was authorized to suspend him,
legal incumbent of the Office from
which he was displaced. 1t requires
no act of the President to restore him.
lie is legally restored the very moment
the Senate adjOurns. The term of the
person designated temporarily to fill
his place also expires at the same mo-
ment, for the President was not en-
powered TO authorize him to hold the
Office for any longer time.
So far the anti-repealers seem to have
it their own way. The adjournment OF
the Senate has restored the suspended
officer. He is again " civil officer" In
spite of the President. Brief triumph
The moment before adjournment he is
victim of one suspension. The moment
after adjournment he is the unhappy
subject of another, if the President so
wills; for the moment after adjourn
ment the "recess OF the Senate" has
commenced, and during any recess OF
the Senate the President is empowered,
in his discretion, to suspend any civil
officer appointed by and with the ad-
vice OF the Senate" until the end of the
nert session of the Senate.