Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-09-06
sUNDAY......SE SEPTEMBER 6, lSs
The Civil-Service Law.

our readers that III Jul "P'"'V" ~
e,vil.scryice act was unconstitutional.
Nevertheless, we have had very little to
say upon this point, owing to the fact
that the bill had undergone the scrutiny
of such constitutional lawyers as PEN
pLrToN, EDMUNDs, and Others, be-
fore il became q law. We have OBJ
iected to it chiefly because it will natu-
rally, if not unavoidably, lead to the
es,ablis. ment of civil-pension list.
However, the matter has now gone into
the courts, as the telegraph informed the
public yesterday, and we will, there
fore. state some Of the objections to it
that is, why it is unconstitutional.
1t was held in the better days of the
republic, and is denied even now by
but few, we suppose, that whilst
State LEGISLATURE might do almost any
thing not prohibited by the State Con-
sttution nor by the Constitution OF the
United States, Congress could exercise
no powers not expressly delegated to
that body by the Federal Constitution.
As to the latter proposition the Con-
stitution, in unambiguous terms, pro-
vides that the powers not delegated to
the United States by the Constitution,
nor prohibited by it to the States, are
reserved to the States respectively or
to the people. Note the explicitnesS
of that language. Written and capl-
tslized as the fathers Of the republic
understood it, that provision of the Con-
stitution would read:
Tho powers not delegated to the
united States by the Constitution, nor
prohibited by it to the States, are re-
served to the States respectively, or to
the people
Plainly Congress has none but dele
gated powers. How does this fact al
feet the ciyil-seryice act: Let US ex-
anime the Constitution.
Article H., section H., paragraph 2,
provides
ale the President shall
appoint ambassadors and
all other officers of the United States
whose appointments are not herein
otherwise provided for, and which shall
be established by law but the Con-
grcss may by law rest the appointment
Of such inferior officers as they think
proper in the President alone, in the
courts Of law, or in the heads Of de-
partments.'
Some of these appointments are to be
made by and with the advice and con-
sent of the Senate; but up to the time
that the nominations are sent to the
Senate nobody except the President has
aught to do with them. The Constitu-
ton does not delegate to Congress the
power of prescribing the qualifications
Of any of these officers, but simply the
power to prescribe by law which of the
"inferior officers" shall be appointed
by the President, which of them by the
courts of law, and which Of them by the
heads of departments. That is all that
Congress can do. Having done this, it
has exhausted its powers.
Now, it is only upon these inferior
Offices that the ciyil-seryice act takes
effect. and it is not contended by any,
body, we believe, that Congress could
limit the Presidents power of appoint
ment to the offices to be filled by and
with the advice and consent of the SEN
ate. Congress cannot prescribe the
qualifications Of Minister to England,
and forbid the President to appoint
any man not so qualified. SO as to
judges, and so as TO all presidential
offices. The Senate can refuse to con
firm the nomination Of any man whC
does not possess the qualifications
which that body may deem neces
sary to the proper exercise of the func
tons Of the Office he is nominated
10. But the Senate cannot divide thi
right or power with the House Of Rep
resentatives. 1t cannot call the mem
bers Of the latter body into the Senat
chamber, and allow them to vote upo
the question of the confirmation Of tn
nomination Of anybody whose nau
has been sent to the Senate. 1t mu!
decide for itself. Ii must itself - az
wise and consent" to the nomination
Clearly, therefore, the Senate and ii
House of Representatives cannot
law do together what the Constitutio
forbids them to do together withor
law. Congress cannot by passing
law change the Constitution nor eyad
its requirements. Because the Coz
stitution provides that the Senate onl
shall advise and consent to the Pres
dents nominations, therefore any Ia
allowing the House Of Representative
Q voice in the matter is unconstit,
tional.
Now, we hold that after Congress
has provided by law who shall appoir
the inferior officers, it has not one VIII
more power over the right to appoir
TO those Offices than ii has over tn
Presidents right to appoint to tn
higher Offices. The power to provid
that the President shall appoint certsil
inferior officers is not the power to pre-
scribe qualifications for these officers
for TO do this latter would be TO limi
the Presidents power. So as to tn,
Offices to be filed by the courts Of Law
and the heads Of departments. Con,
gross can provide which Of them shall