Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1872-02-28


the House except for moment, and mainly
for the purpose Of expressing my profouna
thanks to the distinguished gentleman from
ONO Mr.. Shellabarger for the remarks
which lie has made here in support of gen
ulne civil service reform. A gentleman who
has been 50 long in public life; who has been
50 thoroughly acquainted by observation with
the management of party machinery; who is
so keen and accurate an observer, could not
fail 70 bring here wisdom CLEANED from all
this observation, and could not hesitate to saw
70 US, as he has said, that we have departed
entirely. not only from the practice Of the
fathers of the Republic, but from the Con-
stirution itself in our methods of appoint
meuJ to Office
I agree, / think, with every word the
gentleman has said Certainly agree with
all that he has said in respect to the ncces-
7Ity Of divorcIng the different departments of
the government from each other, wholly and
entirely, in the matter Of appointments. |
bad the honor early in the session to intro
ducc bill (It did not originate with me, bur
was mainly copied from bill pending In
the Senate during the last Congress) pro
r.llnG Tor maintaining the Independence Of
the several departments Of the government.
.rI that bill prohibits members Of Congress
.r.m soliciting or advising in respect to the
# i1tment OF any person TO any Office in
tae civil service unless his opinion Is invited
a writing, and then the reply also is to be
writing.
wish, Mr.. Speaker, | was able to say that
t.c umittec of which have the honor TO
5.a member, the select committee on the
lar-.u cation Os the Civil Service, was ure-
r.r.- s. report that bill | think | am at
#..--r e. say that the committee IS con
IT, Certainly, SO far as | am con
... can say without revealing the
-..r.-- 10 the committee that [ am very
eaE.a- the bin should be reported to the
\. t- I SHOULD be very glad, sir. if We
.-- L further than that. | viii certainly
81. ] have no doubt the gentleman from
N.a \ig. elellablrLer would, to the utmost
..r-s % our constitutional authority u pat
appointments u the civil service In the
.aat~at those designated by the constitution
-- .4n- that trust. The President, the
.aas ai departments, and courts OF the
b --i States are the only agencies knowu
q. che institution of the United States 10
tt. appointment OF persons to Office in the
.IT-l -eIvie. of the country. " Whatever Is in
--a.t restraint upon the powers given u
-.-u hy tie constitution In the selection Of
persons tJ ih-c Is undoubtedly an invasion
tler constitutional prerog tive. Whether
t.c equations reported by the civil service
...-tll->.1n. and sent to the House with the
.lr e restriction uFOn the appointing power
IS &. le unconstitutional, | am not prepared
a- this moment 70 say. But it seems to me
syauI ADJ question that the President or a
bead of department, or any other power
which ls charged by the Constitution with
appointments u lfhcc, has the right to select
-ercies. 70 ascertain and determine the
gla heat.oHs OF persons who present them
selves or app Intment. The President would
have the right, in my judgment, even with
ut any civil service commission, without
tse law which my friend from Indiana Mr..
Williams sad sabs tantially was - smuggled
through ' 9t the close Os the last session of
Congress without any help whatever from
Us. the President would have the right-it
Lc could get an appropriation for that pur
pcsc-to appoint an advisory board or
board ot examination, or any body of men
z desired to use, for the purpose Of giving
IIn information in reference To applicants
l4r .fiee. So the President has undoubtedly
the riglt. as has any head Of a department,
and as would the courts, in respect to officers
whose appointment is lodged with them, to
inquire Ot members Of Congress as indIyidu-
ais, members Of the House and members Of
the Senate, in reference to the qualifications
of all these persons who may be appointed
te Office.
The objection t. q board Of examination.
when appointed by the President Of his own
motion, on account Of constitutional diff
cuirics. is not in my judgment valid. Such
N board has. however. c.elrlv to my appre-
hcnsi5n an advantage, and an advantage
wlicl cl1 hardly be OyerrateI, over the
practice ot insulting members oil Congress
and following, as a rule. their advice in
maxim. appointments Toe evil which has
cIm- uoOl u= from the bld practice If prac-
ticitv allowing members Of Congress to
In Ike aI 81 nearly al the appointments in
tlc.r own districts. Is not that members OF
Congress as Individuals are not entirely
qlIl IT,! t. Civ an opinion IN respect Z the
d rIut.cn, OF any person IN their districts
VI Is u.- th4g the -anrlcmln from OuiJ, Mr..
-7 ..it ars.r the San l-man from Indiana,
T\ic. Williams. or any othcr gentleman on
r..- sar. rs not as well qualified t. deter
a.ae tle fitness Of any man for flee as any
a-i of zlmuers. whether . board yi
H.nssa down school masters OF which We
.t.e .srI. or a b5ard Of educated and r.
-tcs-.I -.uti,mcn residing in their districts
L's n.e.t IN t. this practice Is IN human
nature lt-e. and il Is useless to attempt to
.v..I -lt objection. 1t is utterly impossl-
r. Ar Speaker, that member OF this
ii l-e who IS called upon to express an
H..- Hu in respect to the appointment to
Office 81 any person in his district, can wholly
E expressing that opinion.
Wi these appointments remain in the
.I.J Of members Of Congress there will be
continual pressure for the appointment OF
political r personal friends; certainly this
will e 80 while merit is not regarded as the
: lle IT cJmmendation. Few members of either
Hlu.e can 50 far separate themselves from
these iEflueLces as not to be controlled by
them in any 7, concentrations they NAV
make. and thus it comes about that the
ti,cs soon become the prizes for which the
adventurous politician works a; and the Con-
grc.suan who distributes this patronage
would bc something more or something less
than Il man who should Dot give at least the
lion = = are To his personal adherents and
political friends.
To avoid this bad practice, many members
of CJaLCess in late years, IN appointments,
OF recommendations for appointments OF
cadets to " est Point, and OF m midshipmen to
Aunal o., have called upon board Of ex-
ammers 10 make a competitive examination,
AMI tten have appointed the person who
? ssed the best examination as reported by
such examiners. 1t has been done in my
Safe, aud | know it has been done In many
her States. The opposite practice led to
what we SAW in the last Congress, when, one
after another, three members of the Hyuse
took ter departure from this floor to avoid
expulsion because they had put up these
places Tor sale and had taken money directly
tor tac use OF their influence with the ap
point.r x Iowcr in securing places for those
wiling TO pay for them. That was only one
Of the evil results flowing from this vicious
Practice OF allowing mombers of Congress to
control any appointments. And SO long,
Mr.. Speaker as members Of either branch OF
Congress are recognized as the persons who
dictate these appointments IN their own dis
tricts, or Ia their own States, so long there