The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-07-15
DEFYIN0 THE CONSTITUTION.
Uayes's Total Disregard OF the Intent and
Meaning OF the Fundamental Law.


There has been good deal said In years
past about Cgsarsm in the United States But
no such positive manifestation OF its spirit has
ever been given Ms that afforded by the suspen-
sion OF Arthur and Cornell. II Is not only an
abuse OF confidence and power. but 2 direct
sttution and a violation OF the spirit Of the
United States statute. There IL no authority
given in the Constitution for the performance
OF such an act. On the contrary. special guards
are set up for the purpose OF keeping the con-
troll ofappointmonts and removals in the hands
the Constitution referring to the appointment
OF all officers not made directly elective by tho
people:
> lie shall have power by and with the advice and
consent " the senate to make treaties provided two
thirds Of The Senators present concur and he shall nomi.
senate shall appoint ambassadors other public ministers
ocer. Of Tie United STATE. %hos apponne are moi,
herein otherwise provided for and which shall be estab
pointment Of such Inferior officers they think proper
N The President alone In the courts OF law. or in the
3 The rrysiicnt shall have, power to MI up all
the end OF the ncN' session. Article H. sec .
Everything is intended by the Constitution to
be done q" by and with the consent OF the Sem
ate" Tho President has no power to act with
out the advice and consent OF the Senate. He is
not permitted TO remove anybody. but can MI
vacancies. Yet. having asked the advice and
consent OF the senate" To- remove Arthur and
.oth'iI,', anu le Sehal,. after chreiul lhvesign-
ton oil the matter having refused TO give such
advice and consent" scarcely three weeks
elapsed after its adjournment before the Presi-
dent assumed the authority, without any addi-
tlOnal excuse for it, exercise. 10 do the very
thing which the Senate refused TO advise or
consent TO +? How could the constitutional re-
striction and safeguard be more positively vio-
lated How could we have more startling
manifestation OF Casarism?
In legislnting Tor the carrying out OF the pro-
visions of the Constitution which we have
quoted. Congress saw that there might be. and
almost cetninly would De- e9sss OF Official d.,
the interval between the sessions of the senate.
in order TO protect the public interests. But il
ed 20 the Office OF Chioi Magistrate OF the nation
would be above any petty or ambitious use OF
vson that Congress- NAV SS H nw yes ,he pro-
pointmeut OF such inferior OH ,ers." &C.. " in
the President alone" Congress has given 10 the
delinquent officer and appoint substitute to
discharge the duties Of his oilicc until the next
meeting OF the Senate. which. in case OF great
emergency, he has power TO bring together by
special call. The Icy lslaton on this subject
viii be found in the United States statutes as
follows:
707 Every person holding any civil office to
which he has been or may be hereafter appointed by and
duy qualincd to 1T therein. shall be entitled held such
aS 5 by AMI T %n ne %f SS Sn
O. the senate or by the appointment with The like adj.
herein Otherwise provided. ~
So los During ANY recess Of the Senate the Prcsi.
don't II authorized IN his discretion u suspend civil
officer APPOINTED by aud with the advice aud consent OF
to be removed. Ia HI. discretion, ~ the desiation OF
m @ =" p,t"rm ,n' Iutes OF SUCH suspended oficer
iakc The eath and Give the bonI ro,, "seI ,1,l
be taken and givci by the sG.pcndei oniccr' AMI
shall, during the umc he performs the dates OF
such oheer be entitled 10 the salary ami emolu.
,ne".if !" vr' once, ne part o. Which shall belong
Within uirV dav. ar H., nu, p, shal'
sun o tho senate rxcept or am on,. ,yI.iN T., III
opiun ought not 10 lie hlled Nominate per.os t ii ali
yacsneie, IN otiec WHICH eN'si at the merins OF the
~ hat Metn,r temlorarH hiied q" not aud also in
,g' o., az ',ir, zoe ana II ne senat during
rontmcnt IN he place OF any su,p"icd oi, u" " ny
AMI not otherwi'e the President shall nominate nnuShr
er'on a. 'oon AZ practicable TO the same session the
S'iHl' y. "a the nih'f, 81,
carps vbich "n NAV hsnS nutuofMu 10 MI AL va
SQUAT. hv reason of death r resieailo ar ~ ,s
term Office by granting comnissuns which shall ~
pare At the end u their next Thereafter And If
no apromimrt by and with the advice anl consent Of
- ,n1'r 10 an once SO vacant or temporarily
shai rnain in oi,yancr wt,i, snS 'uI', ths "hos
onniunrnis attached thereto until il is nui y ~,
mcnt thereto BY and with the advice ana of liz
sruaic. and during such time AL the powers and duties
t. psihs TO sueh nice ,ha be exercised by such othor
o' a. inv NV "a" sueh powers ana duties III
50 " 49, ~ w S
A careful prrusnl 81 the statute shows very
PLAINLY VA. lntrht 70 ID" tha no III Ger shall lie
suspended without cause, or without the nd
Nlro una consent ~ th' senate lfu intended
awning lnrthrr, II would plainly contemplate
tA"t'' ~. ".,N y, h,ii''u h' klNe MIN