Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-04-09
THE TENURE OF OFFICE.

The statues relating to the tenure of office
and the power of removal have recently been
subjects of much careful study-not alone
by those who were inspired by the hope OF
gaining or retaining office, and wide differ
ences of opinion have been developed which
are quite aside from questions of party pol
icy. The Presidents power of appointment
''by and with the advice and consent of the
Senate" is derived from the Constitution
and is inalienable, but that instrument
confers no power of removal except by i'm
plication. In the tenure of Office Act Of
1867 the law making power has given the
Interpretation of the implied power of re-
moval in so far as it relates to offices to
which appointments are made for fixed
terms, and therein expressly reserves to
the Senate the right Of refusing "adVice and
consent" to removals. The Act entities the
appointee to hold such Office during the
term for which he was appointed, unless
sooner removed by and with the advice and
consent of the Senate, or by the appointment
with like advice and consent of successor.
The question arises whether, in the absence
of any similar provision relating to offices to
which no fixed term is attached, the Presi-
dent has the power of removal without the
advice and consent the Senate. All Cleve-
lands appointments to this class of offices
where they were not vacant, or the incum-
bent had not resigned, have been "vice
blank, to be removed" If he had sent in a
nomination vice blank, to be removed, the
constitutional right ofthe Executive to make
a removal without the advice and consent
of the Senate would at once have been rails
ed. The same Act in another Section con-
fers upon the President power to suspend, in
his discretion, during the recess of the Sen
ate, any civil officer of the Government, eX-
cept Judges of the United States Courts, even
one filling an Office which has fixed term,
and to designate suitable person to per-
form the duties Of the Office, but no power is
conferred to make absolute removals. The
President is required to make nominations
in place of such asare thus suspended to the
next session of the Senate.
1t is question whether in case the Sen
ate fails or refuses to confirm such nomina-
tions, the original incumbent is entitled to
return. If it be admitted that he is so en-
titled, the question arises has the President
power to suspend him again the next day
or the next hour, as in another recess of the
the Senate, and thus practically nullify the
tenure of office Act? If the right of the
Senate to prevent removals from offices
which have fixed terms by refusing its con-
sent is admitted, the question arises, does
not the same right extend to all the offices
except those which the President and heads
of departments are authorized to fill with
out reference to the Senate?
1t is said that eminent Republican Sen
tors in executive session recently maintain
ed, in connection with certain nominations
made by the President to offices which had
no fixed terms, that it was the right and
duty of the Senate to consider first the quail
ifcations of the heincumbenta and decide wheth-
er his removal was desirable, and only in
case of a decision in the affirmative to consid-
er the qualifications of the appointee. This,
it was urged, moreover, was in line with
the spirit of civil service reform to which
both parties had given adherence and to
which the masses were attached.
The point was discussed rather as an
abstract question than as pending issue,
but several of the nominations which were
not acted upon went over because the Senate
was indisposed to continue the long consti-
tutional discussion to which they seemed
likely to give rise.