Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-04

IhtlDS 10 lHe tenure OF once ana 70 the
powers of removal have recently been tie
subject of much careful study, and not
alone by those who were inspired by the
hope OF gaining or retaining Office. Wide
differences of opinion have been developed
which are quite aside from questions of
party policy. The Presidents power of APP
pointment, "by and with the advice and
consent of the Senate" is derived from the
Constitution. and is alienaole but that in
strument conters no power OF removal, eX-
cept 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 expressed, reserves
to the Senate the right of refusing advice
and consent " to removal. The Act entities
the appcintee to held 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 his successor. The question
arises whether, i'll the absence of any SINH
Lar provision relating to offices to which
10 fixed term is attached, the President has
the power OF removal without advice and
consent All of Cleyeland's appointments
- tAit N4e%oo vi OliiCVSs W lltiC lItN " tIt IiOL
vacant or the incumbent had not resigned,
have been vice -, to be removed" Had
he sent in q nomination vice -, re-
the constitutional right Of the
Executive TO make the removal with
out the advice and consent of
the Senate, would at once have
been raised. The same Act, in another sec
ton, confers upon the President power to
in his discretion, during the recess
of the Senate, any civil officer Of the Gov
except judges of the United
States Courts, even one filing an office
which has fixed term. and to designate a
suitable person to perform tie duties OF the
office; but no power is conferred TO make
absolute removals. The President Is re-
Quircd to make nominations i'll the place
OF such as are thus suspcnded5to the next
session of the Senate Il IS 4 question
in case the Senate fails or refuses
to confirm such nominations, the original
incumbent is entitled to return If it be
that he is go entitled. the question
arises, has the President power 10 suspend
him again the next day or the next
hour, as in another recess Of the Senate
and thus practically nullify the Tenure OF
Office Act2 If the right OF the Senate to
prevent removals from Offices which have
fixed terms by refusing its consent, is ad-
mitted, the question arises. does not the
same right extend 10 all the Offices except
those which the President and heads of
Departments are authorized to fill without
20 the Senate? Ii is said that
eminent Republican Senators, in executive
session. recently maintained in connection
with certain nominations made by the
President to Offices which had no fixed
rights, that it was Tie duty Of the Senate
to consider first the Qualifications of
the incumbent, and decide whether his re-
moval was desirable, and only in case of
decision in the affirmative to consider 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 20 which
the masses were attached. Several of the
nominations which were not acted upon
went over because the Senate was inCiis-
posed to continue 4 long constitutional dis
cuSsion, to which they seemed likely 70
give rise.
The Secretary Of the f'ayT's Instructions.
WASHINGTON, April 3d-Secretary Whit
Iley, late this afternoon, tcle2raphed az fol-
lows TO Pensacola, Fla, to Rear Admiral
James e. Jouett, who sailed to-day from
New Orleans with the United Suites steam
snip tennessee.
In addition to the force under -oIr command
n the steamships Teunes sste SWAtara, Alliance
and Galena all Of which should be at Aspin-
wall upon your arrival you viii be reinforced
By about 200 marines, dispatched to, day from
New York by the steamship City Of Para, With
tents and camp eGuipGge. TO provide for
further supplies will be sent at
once The duty you viii be called on to per
form calls for the exercise of great decision
ihe object OF the expedition is the
,~rf,-, omar /. .. i
engagement. to preserve the neutrality of and
keep open the transit from Colon to Panama
and further to protect the lives and property of
American citizens. The circumstances, as un-
derstood 10 form the necessity with which the
expedition has arisen, are, i'll general, that
belonging to Americans hgS been
seized at Colon by an armed force, and goods
in transit taken from her; her officers and the
American Consul imprisoned and the transit
across the isthmus Interrupted. With the con-
involved in these acts you are no.
concerned Your sole duty is confined to seeing
that free and uninterrupted transit across the
lsthnus is restored and maintained, and that
the lives and property of American citizens are
protected. II. Oh your arrival az the lsthmuS
order shall have been restored, the Columbian
authorities adequate 10 the protection of life
and property. aud the maintenance of free
transit you will Interfere in no respect with the
constituted authorities, but report and await or
derS You have no part to perform III the poiit-
iCal or social disorders of Columbia and Il will
shall arise from your ilrcSeuCc 1T the
!sthmus. The incidental exercise "t humanity
towards American citizens III eXigert distress
must be LETT to your sound discretion,
The Colombian Minister at Washington.
WASHINGTON, April 3d.-Senor Becerra,
the United States of Colombia
at Washington, sent the following dispatch
this afternoon 70 General GumiDo at "a
mama
The United States forces are going 10 co.orc-
rate in securing free transit and protection n
American life and property. If they lind the
Colnm biGn forces able themselves to attain that
object they viii withdraw. have perfect con
fdcncG in the good faith and upright intentions
)f the American Government. Public opinion
here is deeply irritated at the eXcesses commit
ed a. Colon. We need energy. repression and
exemplary justice. so that VIC MAY not be held
for the afoi esaid excesses. Report frequently.
He also sent the following to the authori-
ties at Buena Ventura:
1t is important that more forces be sent 70 Pa
mama ~ restore order and prevent the nation
from being held responsible,
United states Marines and Sailors for As
pinwail.
FORTRESS MONROE, April 3d.-Tke United
States steamer Dispatch. with between
300 and 400 sailors and marines on board
from the Norfolk navy yard, passed here
Ibis afternoon She will Intercept the
steamer from New York for Aspinwal off
Cape Virginia and the men Will there be
transferred.
No Intentior to Cut TIE Gable.
New York April 3d.-Batrcs, the new
Minister from Guatemala and Honduras,
and Boise, Consul tor those countries, have
sent communication to the President of
The Central and South American Cable
Company, i'll which they say that Guate-
mala had and still has no intention to cut
this cable, or that of any other company.
They also state that the report arose from
the TACT that steamer intended to land
passengers on the coast by means of a small
boat, and they claim that news from La
Salvador, is colored by censor
to the detriInent of Guatemala and Hon
luras.
American Copyright League.
New YORK. April 3d-The American
Copyright League has issued all address to
the public explaining the injustice done
native and foreign authors by tie want of
al international copyright, and calling
upon the people to aid i'll demanding fiYor-