The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1885-04-30
Federal Offices.

u AitfN
used in the newspapers for several
months past. and different constructions
.iyen Of the statute relating to the subject,
nut more frequently ignorance OF the re-
trictions provided in the law have been
more generally manifested than correct
statement of its provisions. Only IN one OF
;wo instances have we noticed the law
uoted. and in no case in full. AS it now
stands it as follows
..During the recess of the senate the Presi-
dent is hereby empowered at his discretion to
suspend any civil officer appointed by and with
.he advice and consent of the Senate. except
Judges Of the United States Court. until the end |
of the next session of the Senate, and to desig- |
nate some suitable person, subject to be re-
moved at his discretion, TO perform the duties
of such superseded officer in the meantime.
and sucn person so designated shall take the
oaths and give the bond required by law 10 be
taken and given by the suspended officer ana
shall during the time he performs his duties De
entitled TO the salary and emolumenls Oh
such officer. DO part of which shall belong TO
the officer superseded; and it shall be the duty
of the President within thirty days after the
commencement of such session of the Senate,
except for any office which in his opinion ought
not to be filled, to nominate persons to fill all
vacancies in Office which existed at the meet
ing of the Senate whether temporarily hlied
or not and also in the place of all officers sus-
pended: and if the Senate, during such session,
shall refuse to advise and consent to an APP
monument of any superseded officer, then, and
not otherwise, the President shall nominate
another person as soon as practicable to SAID
OF scio, of ne Senate for said Office
The Constitution confers no power on
the President to remove an officer, APP
pointed with the advice apd consent Of the
Senate. at least it Isl silent and fur
nishes no direct authority to arbitrarily
remove. The idea seemed to he III the
earlier history Of the government, that as
the Senate consent and advice were es'
sential to the validity OF an appointments
| so if should be for the removal OF an Oh
ficer so appointed Not until 1870 was
there any statute enacted relating 10 the
| subject. 1t was then provided that DIS
trict Attorneys, Collectors and surveyors
of Customs, Registers and Receivers Oh
Land Offices. and certain officers Oh The
army and navy should be appointed lor
the term of four years. but should be re
movable from Office at pleasure. ms
law remained in force until 1861 Wneh
/ Congress deemed it necessary to leglSiate
further on the subject, by reason Of Pres
ident Johnson S disposition to remove he
uubIicans and put in Democrats a Dill
was passed in that year distinctly reserv-
ing to the Senate the right to refuse TO
ssconsent'' in cases Of removal and lmpos-
ing other restrictions on the President,
which practically took from him the power
to remove an officer without the concur
renee of the Senate When Gen. Grant
was elected. the President and Senate be-
mo in accord. this law was modified, as
found in the quotation published above.
Under the existing statute the President
can suspend an officer during the recess OF
the Senate, which would operate to a
practical removal, although it might not
assure the continuance in office of the per
son appointed to succeed the suspended
officer. Were the Senate to reject such IN
appointment, the President could send III
another name. and continue to do this as
often as the designated person was re-
jected. Under no condition would the
failure to confirm the appolntee to sue
coed a suspended officer operate to re-ln'
state such suspended officer. SO far as he
would be concerned, his suspension woule
be substantially a removal, and unless the
President should order his restoration
there is no other power that could affect
that result. At the same time, the Presl
dent IS appointee might not be secure IL
the Office. except for the term of the re
A cess of the Senate, For that body coult
reject as often as the President could ap
point.
We do not contemplate any such con
, fict. however. So far there has been
, very amicable relation between the Presl
dent and Senate and we have no reason t
! believe that there is any disposition witt
! either to disturb it. It certainly would b.
unfortunate for the country to have re
currence of the strifes and conflicts Whlcl
o occurred during President } ohnson 3 term
i The country was kept in almost incessan
commotion, the public service was NOR
or less demoraliZed and the interests OF tn
d government neglected. There IS no eS
u cuse for the precipitation OF such condl
ton now, and we have no idea that an
cause will be given for so doing. We eS
: pect. by degrees, the offices generally TO D
filed by Democrats-in some instances b
: removals for just cause-in others by suS
:, pensions for alleged reasons of II politics
nature. and in others by designations. l
the case of suspensions for party consider
ations. or alleged causes, the suspende
officer would hardly bother himself abou
the office thereafter, unless there should b
palpable injustice done him, and h
' should want vindication by the Senate. l
y such instance the rejection Of the appolI
:. tee would be substantial endorsement c
s. him by the Senate and with that vindict
e ton he could afford to drop from conslt
IS Grafton the office and the person who Nigh
e eventually succeed him.
y We believe the above furnishes prett
u full statement of the law relating TO II
e moyals and suspensions and the probabl
It effect of either 1t is. at least full enoug
e for the interested to understand, and to al
: swer the many inquiries made in relatio
to the subject
Vi In addition to the above cited statute {
8 general application, there was passed Eel
6 81. 1877, a law relating to Collectors OF IL
& ternal Revenue. who held office by ur
! limited tenure. After providing for th
a manner of paying such officers, the statut
o concludes but the total net compensf
h ton of the Collector shall not exceed for
thousand five hundred dollars year, an
n no Collector shall be entitled to any POI
r lion of the salary pertaining to his offic
&c qt,pless he shall haze been confirmed by II
e Senate, except in cases of commissions
a fill vacancies which happen by death {
"a resignation, during the recess of the SCI
% ate''
In view of the controversy over the Go
Iector's Office in the 9th District, the aboy
.e quotation will prove interesting. If Nj
! Craig should be suspended during the IT
a,