The times. [volume] (Richmond, Va.) 1890-1903, 1891-03-10
SPECIAL SESSION OF THE SENATE.

According to our Washington correspond
ence, a special session Of the Senate for the
confirmation of the new United States circuit
Judges, 10 be appointed by the President,
seems probable The law providing for these
judges declares that they must be appointed
by and with the advice and consent Of the
Senate. and it is contended that they cannot
qualify until this provision of the law has
been complied with. The point is taken that
the filling Of these positions Is not like max
inc an ordinary appointment during recess,
which can be filed temporarily, and then If
afterwards rejected can be easily supplied by
new nominations but that the positions are
for life. and the incumbcnts once appointed
are not expected 10 be removed except Tor
cause and by impeachment.
The trainers Of the United States Constitu-
ton had an object in view in inserting IN our
organic law the clause making the appoint
ment Of United States judges for life. Il was
clearly their idea that Federal judges
once on the bench should be placed beyond
the temptation Of politics and beyond the
possibility Of financial embarrassment result
ing from loss of positions. so that Their minds
might at all times be free from ordinary an
noyances. and their entire time might be de-
voted 10 the necessary calm and undisturbed
consideration Of the important questions
Of law. involving invariably weighty issues
which they would be called upon 20 decide
The wisdom Of this policy IS apparent at 3D.
glance. for no set of officials filling So exalted
and responsible positions as those filed by the
United States judiciary should be liable %
removal except for bad behavior, nor should
the bench bc subject 20 serious disturbance
by constant and frequent changes IN its per
sonnet.
Under these circumstances il Is evident that
it would never do for the President 10 run the
risk. in making these appointments, Of placing
any one on the bench who might be called
upon 10 pass on matters of the gravest con-e-
quence, and who might, in less than "a year,
have 70 yacate the position because Of being
rejected by the Senate. But this is not ALL
Another very strong point is that under Sec
ton 20f article H. of the Constitution IT is
provided that the President shall have power
- ill ali vacancies that may happen during
the recess Of the Senate These positions can
neither be called vacancies because they
have never yet been filled neither can they be
said TO have "happened' during the recess,
because they have not yet been established.
The law a. it finally passed and was signed
by the President. requires that they shall Doe
appointed and the new court organized bv the
third Tuesday in june. After that time,
and after they shall have been appointed and
qualified, if from death or any other cause,
any Of the Judges shall be removed, then 70
may bee said that there is a vacancy and that
such vacancy happened" during the recess.
No matter then If the President has the
power. and it would bee wise for him t. Use
it, TO I'LL appointments on the United States
bench during recess. it certainly looks asst that
power does not exist in this case, since 1t is
confined to vacancies that have hap
pened."
Viewingit from what standpoint we may
It will be, to say the least, unsafe for the Pres
ident to fill these positions with the Senate
not in session and for the appointees 10 take
their seats without having been confirmed. 1t
would certainly be wise. 10 avoid any possible
risk. for an extra session of the Senate 10 be
called SO that every requirement Of law may
be complied with, and the appointments may
be acted upon with regularity before the new
courts are organized on the third Tuesday of
next june