The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1885-04-09
The Power to Remove.

The Washington correspondent OF the
Baltimore San, under date OF the Sd, states
that the statutes relating to tenure OF Of
flee and to the powers of removal have re-
Gently been the subjects OF much careful
study, and not alone by those who were in
spired by the hope of gaining or retaining
Office, and wide differences of opinion have
been developed which are quite aside from
the questions of party policy.
The Presidents power Of appointment,
'Hby and with the advice and consent OF
the Senate, y is derived from the constitu-
ton, and is inalienable but that instru-
ment conferS no power of removal except
by implication. In the tenure-of. office act
Of March, 1867, the law-making power has
given an Interpretation Of the implied
power of removal in so far as it relates to
offices to which appointments are made
for fixed terms, and therein expressly re-
serves to the Senate the right OF refusing
advice and CONSENT 10 removals. The
act entities the appOintee Ito 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 the like advice
and consent of successor.
The question arises whether, i'll the
absence of any similar provision relating
to offices to which no fixed term is at
tached. the President has the power of re-
moyal without the. advice and consent of
the Senate. All or Mr.. Cleyeland's APP
pointmentS to this class OF offices, where
they were not vacant or the incumbent
had not resigned, have been vice -. to
be removed Had he sent in a nomina-
ton vice -, removed the conStitu-
tional right of the Executive to make the
removal without the advice and consent
OF the Senate would at once have been
raised. ,a ~ 81 $500
The same act in another section, con-
fers upon the President the power to sus-
pend, in his discretion, during the recess
of the Senate, any civil officer of the gov
eminent except judges OF the United
States courts, even one filling an office
which has Il fixed term, and to designate a
suitable person to perform the duties of
the office, but no power is conferred to
make nominations in the place of such as
are thus suspended to the next session of
the Senate. 1t is q question whether i'll
case the Senate fails or refuses to confirm
such nominations, the original Incumbent
is entitled to return. Ii it he admitted
that he is SC. entitled, the question arises,
has the President the power to suspend
/ him again the next day or the next hour,
| as in another recess of the Senate and thus
practically nullfy the tenure f-Qasee act :
If the right of the Senate to prevent re-
moyals from offices which have fixed terms
by refusing its consent is admitted the
question arises. does not the same right
| extend to all offices except those Which S$s
President and heads OF .depolrr tmlleeGGts are
authorized to MI, without reference to t.he
Senate?
1t is said that emineat 5Sepuai,> "a
| ltOrS. in QYppufjVa rSecinn rGS&/ sc
tanned, in connection with .oori 10y mai
nations made by the P9es' ,ao,,t ~ non
rgbt All AIN III ~ tS go j. that it was Il
TsT tb Isl" o uaIH " wye Senate w. consid
and decida whsss ms of the incumbe
able, and opLr}} -er his remoy al was desi
/ atIlrmativa = n case of q decision in t.
moseSVs yointee. This, it was urge
iy yI5JFss}f' Il, was in line With the spirit
b2aS,TT 3rvice reform, to which both parti
| FET given adherence. ti .lr
w.. Ihe point was discussed, rather as
abstract question than as IL pending ssu
II but several of the nominations which we
i not acted upon went over because these
r ate was indisposed to continue a long co
stitutional discussion, to which TIL
) seemed likely to give rise. stga4 3.
j The Evening Star tonight says: "
S ! seems to be generally agreed among Sen
q | tors that the fact of certain nomination
:, having been left over without action do
j not signify that there is any dispositit
:, among the majority to antagonize Il
Z President. Senator Dawes. a prominel
n and recognized Republican leader, said
: q reporter that the tenure-Of-office AZ
I does not apply to either revenue or cons
t lar appointments. The question of tern
g of office Of such officials, he said, had n,
:, been raised for u quarter ola century b
, cause the Republicans. during that tim
! had controlled the administration. and a
$ pointments were simply putting one par
, man in to, succeed another. This bell
+ the condition of affairs, there had been
rigid scrutiny by the Senate into the que
ton Of appointments. But now he thong
3 there was disposition in the Senate
, assert it's full power in the matter of a
pointments. For instance, he said, dlril
the recess of the Senate the President C;
suspend an official for cause and appoi
another in his stead But should the Sc
ate at the next session refuse to conlir
the appointee, then the incumbent Won
, retain the Office"