Year: 1871

This subject continues to grow in
interest, and there is little doubt that
the idea will soon be put to practi-
cal test. The President, it is well
known, pursuant to a law passed at
the last session of Congress, appoint
ed an able Commission to initiate a
reform in the civil service. These
gentlemen found what they feared
might prove serious constitutional
obstacles to the successful working
of any desirable system. as the ap.
pointing or nominating power is dis
tinctly given to the Executive. So
they called on Attorney General
Akerman to solve the knotty ques-
tions OF constitutional law, and help
them out Of their difficulty if he
could. The response Of this officer
is now before the public.


The Attorney General holds that
Congress cannot by law, declare that
the President, the courts, or the
heads of departments-in whom the
power of appointment is vested
shall select such person as an Exam
lining Board shall have determined
to be best fitted for any particular
office, after the application of COM
petitiye test, because that would be
in effect transfer OF the appointing
power to such board. But under
the law by which the present Board
was appointed, it is held that author
ity is given to the President to pre-
scribe that appointments made by
the courts Of law and the heads Of
departments shall be from a class of
persons who have been certified by
the Board to he competent; and that
Congress can apply the same rule
concerning appointments by the
President himself. The Attorney
General says he cannot tell at what
point the contracting process around
the exercise OF the appointing power
stops, but the difficulty of drawing
the line of limitation is no proof that
it does not exist.


II this is correct, and the positions
of the legal adviser of the govern
ment are certainly reasonable. the
way seems to be open tor the Civil
Service Commission TO proceed with
the work Of reform. It is their duty
--or that of the President through
them-'sto prescribe such rules and
regulations Tor the admission OF per-
sons into the civil service of the Uni
ted States as will best promote the
efficiency thereof, aud to ascertain
the fitness of such candidate in res
pect to age, health, character, knowl-
edge, and ability for the branch of
service into which he seeks to en-
ter" and also to establish regula-
tions for the conduct OF persons who
may receive appointments in the
civil service"


Here is a large field in which the
Commission may exercise its wis
dom, and display its industry. 1t is
not probable, however. that anything
more will be done before the re-as-
sembling Of Congress than to mark
out the ground-to mature the meth
DDS of proceeding, the qualifications
to be required Of candidates, the
course of conduct to be pursued by
officials, &c. These will doubtless
be referred to the law making power
for its Endorsement, and for such
other and further legislation as may
be deemed necessary or desirable.


The "Civil Service Reform" about
which SO much has been said, espec-
tally by uneasy "reformers," IS, it
will be seen. rapidly emerging from
the obscurlty OF an idea into practi-
cal shade. The Republican party
while holding power, Gets this reform
in motion, though it may result in
driving many OF its supporters from
office and putting in their places the
bitterest opponents. What otEer
party has ever thus displayed such
magnanimity and devotion to the
public welfare? Old Hickory-the
last OF Democratic Presidents who is
quoted with pride-inaugurated the
system OF making party spoil Of the
public offices. And i: has been re-
served for the Republican party, at
ter brilliant record Of ten years Of
unbroken power-after saving the
Union. destroying slavery, establish
ing universal suffrage, sustaining the
national credit, and making the
American name more respected than
ever before throughout the world
voluntarily to inaugurate system OF
appointing officers for merit only


without regard to political opinions
This establishes its claim to the con.
fidence. as it has hitherto won the
gratitude, OF a nation OF freeman
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