Savannah morning news. [volume] (Savannah) 1868-1887, 1886-09-05
EXPLAINING HIS POINT.
EX-POSTM STBR WILSON TALKS
ABOUT HIS CASE.

/ Hle case. ne uOeS uOI TeCOgHiAe tne pI0-
| fix ex, but maintains that he is still post
master of Savannah by right, and he says
! that he proposes to attempt to get his
salary. Last night be was asked II he
really believes that he is entitled to hold
the office. He replied that if the consti-
tuition means what it says in plain Eng
lish he is sure he cannot be removed from
| office except on impeachment for some
crime or misdemeanor. 81 do not be-
lieve the Supreme Court will put any
strained construction on the constitution,
| based upon some superstition derived
from the Dark Ages, favorable to the idea
that the chief magistrate can do no
wrong" he added.
'What do you rely on in the constitu-
tion with so much con1dence'"
The constitution clearly defines the
Presidents powers in these matters,' he
observed. at empowers him TO nominate
and, by and with the advice and consent
OF the Senate. to appoint all officers OF the
| United States, except such as are other
wise provided for by the constitution.
| This Office of mine is not otherwise pro-
Vided for, and l was nominated
and duly appointed January, 1885,
to fill term of tour years, which will not
end until in January, 1889. Recollect
| that the President is empowered to fill up
all vacancies that may happen during
| the recess of the Senate by granting CON-
missions which shall expire at the end of
their next session. AS the laws now
stand the powers have referred to are
all the President is clothed with under
the constitution and laws of the United
! states. All attempts beyond these are
| bold usurpatiOns, as read the constitu-
ton"
"How are unfaithful officers to be put
| out of Officer
''All civil officers OF the United States
shall be removed from office on impesch-
| ment for, aud conviction of, treason, brib-
cry, or other high crimes and misde-
meanOrs. No civil officer VINO Is nomi-
mated, and by and with the advice and
| consent OF the Senate, Is appointed by the
| President, can be removed in any other
way than by impeachment for. and con-
victlon of, some crime or misdemeanOr."
"I on certainly do not mean to say that
every officer appointed by the President
and confirmed by the Senate, as we
usually express it, cannot be removed
from office by the President, no matter
what he may doY'
Il do mean precisely that. Heretofore
men who have been put out arbitrarily
have acquiesced. Some, no doubt, be-
lieve il to be the Presidents prerogative
-"The King can do no wr0ng''-not re-
| alizing that ours is government OF law
and that the President is subjected to the
laws equally as the humblest citizen.
Some have believed the obstacles to be
insurmountable in appealing to the
courts; others have been discouraged bY
| the politicians, 1t being greatly
to their interests to have the office holders
subject to their Will. 1t has been claimed
that the power Of appointment involves
the power of removal. This doctrine
seems to me to involve the very essence
of lawlessness, the positive justification
of anarchists. II this doctrine IS sound
any agitator might get an actual,
unmistakable, undesirable majority of the
voters OF Chatham county to meet and
vote your Sheriff. yOnr Ordinary, and all
other county officers out of office just
when those officers would be most needed
to preserve order, enforce law and save
life and property. II the assumption in
question is good for the President it is
certainly good for the people. The people
have the appointing power in the
case OF our county officers. But
even the people must proceed
| according to law. or else turn over our
society to the anarchists who were lately
convicted in Chicago. Gen. Grant, stand
| ing in the very citadel of the capitol of
!
! besieged during the terrible panic OF 1873,
! spoke az If inspired when he said: s'The
! President cannot violate the law, let bad
or defective laws be enforced rlgidly and
amendments will soon follow" Hamilton.
in No. II OF the Federalist, assuming that
the power to appoint involves the power
to remove, says: "rhe consent of that
body Tthe Senatel would be necessary to
displace as well as appoint This, to my
/ ind 10 nrtt i'm 10
ton. No matter whether the power to
appoint be in the Presldent,or in the Sem
ate, or In both acting conformity, as they
| do in clothing men with official power
and authority, under our constitution.
''lt the power to appoint carries with 1t
the power to remove, Hamilton's plan of
requiring all of the power to cooperate
| for removal as well as for appointment is
the only one tOlerahle to my mind. These
words, however, are to be found in the act
OF Congress, approved Sept. ., 1889, sec
| ton 7: THAT whenever the Secretary
shall be removed from office by the Presi-
dent OF the United States. or in any other
case OF vacancy in the Office of Secretary,
the assistant shall, during the va
cancy. have charge and custody
of the records. etc. This il said TO
amount 70 Legislative construction OF
the constitution. 1t has ever since been
acquiesced IN and acted upon. The prn-
ciple applies equally to every officer ap.
pointed by the President and confirmed
! by the Senate, as we usually express IT,
Here Is the source OK that theory that to
him who appoints belongs the power to
remove, and that the President is lie to
whom belongs tho power TO appoint.
The practice Of all administrations has
been based upon the theory | have
mentioned and justified by this so-called
legislative construction of the constitu-
ton. In this matter | am going against
the politicians in their practice, which
has been INDUCED now just ninety-seven
years. There has been no judicial con-
struction of The constitution on this
point, and il is TO the courts / 20. Courts
are established to decide what the law
is"
"You hold that the law under which
you were suspended is UNCONSTITUTIONAL
Eyes. although, according to my view,
Congress has the power under art.ii., sec.
.. clause 2 of the constitution, to de-
clare all or any officers except ambassa-
doris, public ministers, consuls and
| judges (these specially mentioned in this
clause TO be interior officers, and then
by law to vest their appointment in the
| President alone and their removal In the
| President, or otherwise, as Congres may
| provide by law. In other words can see
no reason why Congress may not, by law,
ri N.Nr