§  654.  But  another  question  has  arisen,  which  is  sometimes
regarded  as  wholly  independent  of  the  one  just  discussed.  It
involves  the  extent  of  the  President's  power  under  the  follow-
ing clause :  "  The  President  shall  have  power  to  fill  up  all
vacancies  that  may  happen  during  the  recess  of  the  Senate,
by  granting  commissions  which  shall  expire  at  the  end  of  their
next  session."  The  question  is  whether  the  President  may,
during  the  recess,  create  a  vacancy  by  the  removal  of  an  in-
cumbent, and  then  proceed  to  fill  that  vacancy  by  appointing
a  successor  whose  commission  is  to  last  until  the  close  of  the
next  session  of  the  Senate.  In  other  words,  the  question  is
not  so  much  that  of  removal,  as  that  of  appointment.  So  far
as  the  practice  of  various  administrations  has  gone,  it  has  re-
cognized the  existence  of  the  power.  It  is  evident  also,  that
ince  admit  this  construction  of  the  Constitution  to  be  correct,
the  check  upon  the  President  heid  by  the  Senate  will  be  in  a


436  THE  POWER  TO  FILL  VACANCIES.
great  measure  destroyed.  If  he  finds  that  the  Senate  are
opposed  to  him  in  the  matter  of  appointments,  and  that  it  is
morally  certain  his  nominations  will  be  rejected,  he  may  wait
until  the  adjournment  of  that  body,  and  then  make  removals
and  fill  the  consequent  vacancies.  The  persons  commissioned
would  be  certain  to  hold  their  offices  to  the  close  of  the  suc-
ceeding session.
