The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-12-30
REMOVALS AND APPOINTMENTS.

The power of removal, claimed or
possessed by the executive, has been
subject ofmuch discussion since CLEvE-
LANDS election, and MIR. GEORGE
TIOHNoR CURTIS has written an opin-
ion in reply to these three questions;
Frst-Can q civil officer be removed by
the president that has been appointed
tor a term? Second--If the president
nominates TO succeed an incumbent
suspended during recess of the sem
ate and the senate refuses to confirm
the nomination, is the former incum-
bent entitled to claim restitution to the
Officer Third-Ifuot entitled to restitu-
ton, how is the Office to be filled?
In the debate in l7Sg the power of re-
moval seems to have been conceded To
the president, and it was not until 1867
that a Republican congress desired to
limit the powers OF President Johnson.
In this bfll of 1867 the powers OF con-
gress were asserted over the whole sub
ject, and it was claimed that congress
had been left the whole power, 70 exer-
else as they pleased. The country had
acquiesced in the legislation of l7S9 and
appears to have acquiesced in that of
1867 ana 1862. The president, under the
sctof 1851, could not even suspend during
vacation unless in cases of misconduct
in office, crime, incapacity, or some dis.
4 qualification. and then II the senate did
not concur in the suspension the forme,
incumbent was to be reinstated. Blu,
this did not suit the radicalism of 1852
when Grant was president. In conse
Quence OF the new regime in that yeal
amendments were made to the first ant
second clause OF the law Of 1867, in sec
tons 1867 and l76S Of the Revised stat
utes.
The first Q760 provided that an,
properly appointed incumbent shoul,
be entitled 10 hold the office for III.
term Tor which he was appointed unles
sooner removed by and with the advic,
OF the senate, or by the appointment b,
and with such advice, etc, Of a sue
cessor, except as provided in Section
lI6s. The last section (l76S) provide,
\ that during the senate recess the pres
! dent was authorized in his discretion I
suspend any officer, except Unite
States judges, aud appoint some one i
his place, or some one else in case ofhi
failure of confirmation, VINO shall cor
tinue until some one else is nominate
at the same session of congress,
Under this act OF 1869 the president is az
thorised to suspend officers withou
cause, nor could the suspended Office
claim restitution, but seemingly 4
place of such right, there is provisio
that in case the senate should refuse
confirm the presidents nominee at tn
FIRST session after the suspension, the
the president shall nominate anoths
person, as soon rs practicable, to II
same session Of the senate. II there
still dead lock, then the office shall r,
main In allegiance until it
filed by an appointment. by an
with the advice and consent OF the SCI
ate. The opinion on this state Of afIail
Is thus rendered by MIR. CURTIS. II
says; "The way is now somewhat pr
pared for answering the question
above propounded; First. The presider
can not create vacancy In any civ
Office now held by an incumber
for a term of years, or remove such off
Ger without the consent OF the senat,
unless be does 80 on the assumptlo