The Wichita daily eagle., 1903-12-19
AS TO RECESS APPOINTMENTS
Present Situation Not Foreseen by the
Trainers of Federal Constitution.

Washington Dec. 1S.-Richard Dobbs
| Spaight of North Carolina is the man to
be held primarily responsible for the
| somewhat delicate Official status in which
! General Wood, Collector Crum and GER
/ tain other appointees of President Roose-
| velt now find themselves. 1t is into his
] handiwork as a framer of the federal con-
| stitution that Senator Tillmans resolution
instructs the senate judiciary committee
to inquire. Provision for filling federal
offices between sessions of the senate was
one of the last subjects considered by the
general system of presidential nomination
and senatorial confirmation was long dis
cussed. There was no recess appointment
clause in Pinokney's draft, Hamilton's
plan of government or Randolph's resolu-
ton, in one or another of which most of
the present constitutional provisions came
before the convention in concrete form.
The committee of detail composed of
Rutledge. Randolph, Gorhan, Ellsworth
and Wilson. in its report included among
the presidential powers to appoint Off
GERS in all cases not otherwise provided"
The advice and consent of the senate"
appears. however, in the report of the
committee of eleven about a month later,
consentbut the committee did not attach
Importance TO the fact that the senate
would not always be on hand to give its
advice and consent. On September 7,17S7.
three days after the committee of eleven
had submitted its report, Mr.. Spaight
offered this resolution: THAT the presi-
dent shall have power to fill all vacancies
that may happen during the recess of the
senate by granting commissions. which
shall expire at the end of the next session
of the senate" This was agreed TO, men,
con-, and if any of the members spoke on
the resolution at all they said nothing
which either Mr.. Madison or Mr.. Wash
ington thought worth while to enter in
his journal. 1t does not appear that any
one explained on the floor why these tenn
porary appointments were made TO expire
at the end of the next session of the SEN
ate instead of remaining in force until
finally acted on
In the discussion in the various state
conventions Elliott records only one occa-
sion when the provision in question was
talked Of at all. This was in North Caro-
lima, Mr.. Spaight's own state. and the re-
cess appointment power was touched on
in connection with the then familiar OBJ
lection that monarchical powers were
given to the president. Mr.. MacLsine in
reply put forward an argument which /
again does not explain the reason for max !
ing temporary appointments only until /
the end of the succeeding session: Con |
gress are not to be sitting at all times: /
they will only sit from time to time. as 4
the public business may render It necessa-
ry. Therefore the executive ought TO /
make temporary appointments. as well as
receive ambassadors and other public min
listers This power can be vested nowhere
but in the executive, because he is perpet-
ualy acting for the public; for though
the senate is to advise him in the ap-
pointment of officers. etc. yet. during
the recess. the president may do this
business. or else 1t VIII be neglected; and
such neglect may occasion public incon-
yeniences''