Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-07-31


course at once bring up the question
what the situation will be i'm the event
that the United States Senate declines to
consent to the removal of those officers or
to the confirmation of the persons an
pointed in their places Will or will not
the suspended official resume the office
when the Senate declines to confirm his
successor The existing ure-of-office
law, is contained in the following two sec
tions of the Revised Statutes of the
United States
Sect. 1867. Every person holding any civil
Office to which he has been. or hercait or may
be, appointed by and with the advice and con-
sent OF the Senate. and who shall have be-
come duly qualified to act therein. shall be en-
titled to hold such Office during the term for
which he was appointed, unless sooner re-
moved 10y and with the advice and consent of
ne Senate, or by the appointment, with like
advice and consent, of a successor in his place
except as herein otherwise provided.
Sect l16S. During any recess oil the Senate
the PRESIDENT Is authorized, in his discretion,
to suspend any civil officer appointed by and
with the advice and consent of the Senate, ex-
cept judges of the courts of the United states
until the end of the next session of the senate
ana to designate some suitable person, sub
Ject to be removed, in his discretion, by the
dcsignatl4n of another, to perform she
duties OF such suspended officer in the
mean time ana the person so designated
shall take the oath and give the bond required
ny law 10 ne taken ana given by the SUSPEND
ed officer, and shall, during the time he per
forms the duties of such officer be entitled to
the salary ana cmouments of the Office no
part of which shall belong to the officer sus-
pended. The President shall, within Thirty
Gays after the commencement of each session
OF the senate. except for any office which in
his opinion might not be filled. nominate per-
sons to ill any vacancies in office when cy-
isted at the meeting of the Senate whether
temporarily filled or not, and also in the place
OF all officers suspended and if the Senate
during such session shall refuse to advise and
consent to any appointment in the place of
any suspended officer, then, and not other
wise, the President shall nominate another
person as soon rs practicable to the same SEES
SION OF the senate for the office.
The first of these sections makes it plain
that no officer such as these collectors
who has been confirmed by the Senate,
can be absolutely put out of Office, unless
the Senate consents to the removal, or
confirms the appointment of his successor.
If the Senate is in session, the President
clearly can not make a change in one
of these Offices, without the approval of
the Senate. But in the recess of the
Senate under section 1i6S the Pres
ldent can suspend an officer and put
man in his place till the Senate meets
and acts upon the case. This is what the
President has done in the case of General
Wells. Col. Smalley will be the acting
collector, and draw his pay and perquis-
ties as such, till next January, undisturb-
ed save by doubts and fears for the future.
Within thirty days after the Senate
meets on the first Monday in De-
cember next, the President will
send in his appointment to the Sen
ate. Then, if the Senate declines, as in
all probability it will, to confirm him, it
H..
some other person. as soon as practicable.
In that case evidently, Col. Smalley
could not continue to hold the office.
Who would hold it, if the second nomna-
ton should be rejected, or if the Senate
should adjourn without confirming some
appointment to the office, does not dis
tinctly appear. The law is silent on the
subject. The Democrats seem pretty
generally to assume that the President
can continue to make temporary appoint
ments, and thus keep the place filled by
a democrat, though not by the man he
first appointed and most wanted. But it
is by no means clear that such would be
the case. The Senate may with good
ground take the position that the
collector has not been
removed and that when the distinct pro-
visions of the law for the temporary filling
of the place are exhausted, he will be EMIT
led to resume its duties and emoluments.
But suppose the question between the
President and the Senate does not reach
the point of the confirmation of Col
Smalley. Suppose the Senate takes issue
first on the removal of Gen. Wells, and
notifies the President that it does not con-
"a
seem to be clear that there is no vacancy.
Suspension by the President does not re-
move the Collector permanently, without
the consent of the Senate. The statute
treats the former incumbent throughout
as suspended officer" to whose per-
manent removal the advice and consent
of the Senate are necessary Shall he,
then, resume the office in case a successor
be not confirmed The law does not say.
But the strong inference from the provision
in Section 1867, that he "shall be entitled to
hold such Office during the term 'for which
he was appointed. is that his removal not
being consented to by the Senate, he may
resume his office; and there can be little
doubt that the Senate will so hold. The
point will of course be contested by
the Democrats, who will also, no
doubt, raise the general constitutional
question whether Congress has any right
to limit the executive prerogative, as re-
CARDS removals and appointments Con
gress has distinctly asserted its right so to
do, in the statute and the Supreme Court
may have to settle the question. Mean
time Gen. Wells is suspended till the end
of the next session of the Senate and
Mr.. Smalley will exercise the office and =
draw the salary till then. The case of
Mr.. Spear, who has been appointed col
lector of internal revenue vice Stearns
is however a little different,
The collectorships of internal revenue
were put upon somewhat different basis
when the Office was created. The collec-
tors of internal revenue are not appointed
for "a fixed term, but hold Office at che
pleasure of the President and the law.
distinctly provides that mo collector of
internal revenue shall be entitled to any
portion of the salary pertaining 70 his