New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-11-28
MERRITT AND ARTHUR.

THE POSITION WHICH THE ADMINISTRATION WILL
TAKE IN CASE OF GENIE -. MERRI1Ts REJEc-
TIoN-A CLAIM THAT GENIAL ARTHUR CANNOT
TAKE HIS PLACE WITHOUT THE PRESIDENTS
PERMIssION-GENERAL MERRITT TO DE MADE
TO "sTICK"
icy TELEGRAPH THE TRIBUSE.l
WASHINGTON Nov. 27.-The near approach or
the meeting of Congress revives the question Oh
General Merrtt's confirmation as Collector OF the
Port of New-York, and the possibility of General
Arthurs restoration by the rejection of Merritt 1t
is known that the Administration claims the right,
under the statute to keep General Merritt
in office until the 4th of March, 1879, what
ever the action of the Senate may be, and
the following statement covers the course when
the Administration has decided that it will pursue
in case of General Merritt's rejection, no matter
what the sentiment of the country may be.
The law on the subject contained In Section
1868 of the Revised Statutes and is as follows:
SEC 176s. During any recess of the Senate the
any civil officer appointed by and with the advice and
of Senate, except judges OF the courts OF e
of the Senate and to designate some suitable person.
subject TO be removed, in his discretion. by the deslg
nation Of another to perform the duties OF such ss-
nendrd officer in the meantime; and the person so
designated shall take the oath ana give tue DOnu re-
0uircd by law 10 be taken and gwen by the
snspended officer and SHALL during the time he per
forms the duties Of such officer be entitled 10 the salary
long 10 the officer suspended Tue President shall within
thirty days the Of each session oil the
senate except Office which IN his opinion ought
not to be filled, nominate persons TO MI all
vacancies in Office which existed at the meeting
of the Senate whether temporarily filed or not and also
in the place of all officers suspended ana the senate
during such session shall refuse TO advise and consent TO
an in pace of any suspended erthcI
and not otherwise the President shah nominate ano her
person practicable 10 the same session oil the
Senate for the Olhce
By the provisions of this section it is claimed by
tb, Administration that an officer NAV be sus-
pended by the President until the end of the next
session. and that the officer designated IN his stead
shall perform all the duties of the Office in the mean
time This provision is not affected, 1t Is asserted,
by the rejection during that session Of the desig
mated officer, by the confirmation of any other
person nominated TO the place. In the discretion
of the President, the designated officer may
hold until the end Of the next session.
That the rejection of the designated officer does not
restore the suspended officer evident, according 10
this view from the provision that III case the SEN
ate refuses 10 advise and consent to an appointment
in the place of such suspended officer the President
"shall" nominate another person.
As applied to the present status of the Customs
officers at the Port of New-York. this construction
of the laws declares that General Merritt shall, in
the discretion Of the President, be the Collector at
the Port of New-York until the 9TH of March
ncxt no matter what may he the action of the
senate upon nominations made To u III the neal
time. If there should he no continuation ny the
Senate during the next session the power 10 sus-
mend any officer would still reside III the PRESIDENT
after the expiration of such session.
General Arthur therefore, cannot, II thls view
il sustained, assume the duties OF the once
before the end of the without the consent OF
the President which will not III any event be gwen;
and when the session ends tue President VIII nave
thc same power to suspend as IN the hrst instance
II j. tLc settled purpose of the Administration, IN
case the necessity arises to exercise tins power.