The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1877-12-17

the president is so limited that he
has no right to exercise any implied or
constructive powers. The constitution By
express stipulation has vested all the i'm
piled and constructive powers IN congress,
and in congress alone. The language Of
the constitution upon this point is direct
and unambiguous; congress shall have
power ito make all laws which shall be
necessary and proper for carrying into
execution the foregoing powers (those
granted to congressl and all other posoer
''Uested BIZ chs constitution an the govern
"nsent Of the United States. or an any de-
'.partment or officer thereof" Conversely,
then, it necessarily follows that neither
the executive, nor any department except
the legislative, can exercise any power
without express grant of the constitution,
or by the authority of lawn other
words the government is not to be admin
istered at the discretion or caprice Of those
who are elected or appointed to administer
and execute its powers. All implied or
constructive powers are vested in congress
in order to prevent the conflicts which
would necessarily arise if each department
we're left to construe its own powers; and
at the same time, to prevent congress
from encroaching upon the executive de-
partment, the president is clothed with
the veto power, and it is the veto power
which shields and protects the executive
against the implied or constructive powers
of congress.
The proper construction of the constitu-
ton, has an all important bearing in ref
erence to tho controversy Of the presi-
dent aud senate which is now being car
ried on, and which, in fact, stripped Of all
partisan and concomitant circumstances,
is simply question whether the power to
dismiss an officer of the government can
be controlled and regulated BY congress,
or is under the exclusive and unlimited
control of the president The question is
by no means new, or presented now for
the first time; neither is it one of those
questions which may be decided either
way without materially affecting the char
acter and practical operations of the gov
eminent. On the contrary its Importance
can scarcely be overestimated, and the
conflict of opinions, which have prevailed
among the statesmen of the country even
from the earliest times, has frequently
been of a most embarrassing nature and
of the most exciting character. The con-
stitution itself had scarcely been adopted
and gone into operation, before this
important subject arrested attention and
became the object of congressional action.
The decision of the fret congress, that the
power of dismissal is lodged in the Presi-
dent, and the long acquiesceDce of the
country 10 that decision, have led many to
suppose that the conclusion at which con-
gress then arrived rests upon principles
too clear and strong to admit Of doubt; but
whoever will take the trouble to examine
and read the debates on that subject in the
congress of 1879 can not but be greatly
impressed with the strength and force o.
the arguments of those who commended
that the power of dismissal was not vested
by the constitution in the executive. Thu
earlier Presidents exercised the power Il
such limited extent, that, except as
principle of constitutional Interpretation
its practical use was not calculated t
attract the attention of the nation, or-to b
productive Of untoward results.
Washington dismissed but nine officer
during the eight years of his presidency; th
elder Adams dismissed ten; jefferson
with two terms dismissed forty-two; Mad
ison, with two terms, and three years O
that period Of war, dismissed but five
Monroe, who succeeded Madison, dismisse,
but nine during his two terms; while job
Quincy Adams during his whole tern
dismissed but two; but upon the accession
Of General Jackson to the presidency tn
doctrine that the public Offices are th
'spoils of the victors' became alarmingl
manifested-the first year Of bis admins
tratiOn being witness TO the dismissal 9
two hundred and thirty officers. Sine
then, with the exception of some feebl
and temporary restraints attempted to b
imposed by congress. the gross and dan
gerOus abuse Of the power of dismiss
has been carried to the verge Of despotisI
and unbridled license. Congress, it
true, in early days passed an act limitin
the duration of presidential appointment
to term of four years, aud more recent
when President johnson became obnoz
ious to the party majority, congress
sought to break the force of his powe
and to destroy bis policy by the passage {
the Tenure-of.ofice law; but with tn
expiration Of Johnsou's term, and
fiatterlng obsequiousness and subscriber
cy to his successor, Gen, Grant, the Ten
ure OF Office law became practically
nulllty. ltbecame the practice to confirr
any nomination the President might make
Without requiring reasons for the dismiss,
OF prior incumbent, provided no obieC
ton was made to the nominee by the ser
ators from the state in which the offiC
was located. When the first cOngre.
which was formed under the constitute
abandoned the power of dismissal to II
President alone, the power aud patrouas
OF the presidential Office was increase
to an almost indefinite exten