National Republican., 1880-03-19
NEW YORK IN THE HOUSE.
Hon. Richard Crowley on Political
Assessments.
Tho Absurditics of the Pending Bili Pointed
Out, and tho Right of oficiais 10 Con-
troll Their Own Acts Defended
Loyal Defects OF The iIiil-An
Onur for True Civil
Service Reform.
speech of Hon. Richard Crowley.

opfcCU VI AiOhs tIohitNs
When the bill relating to political ussess.
mcnts was under discussion in tho House the
Hon. Richard Crowley, Of New York, indulgod
in the following remarks:
Mr.. Speaker, did not expect to mprlt my
entrance into Congressional life by speaking
on n so.callcd civil.servce bill, aud were 1t
not for certain provisions Of the measure now
under consideration | certainly should not oc.
cupy the attention of this House for ono
moment ] have not any sot, prepared speech
to deliver, but l have to say that the provis-
ions of this bill are crude il.digestcd i'm.
practicable of execution in many respects and
unconstitutional in othcrs. Tho Committee
on Reform in the Civil Service, instead of con.
luiug itself in this bill to the civil service, OK
tends its operations TO the military aud naval
services. Instead of bringing in measure
which would look to restraining assessments
aud involuntary contributions of money from
those in the civil service, it has reported u
proposition which includes every officer,
every clerk, every cmploye of the Government
Of the United States in all its branches and
rnmiications.
And what is this bill2 1t contains four sec
tions, only three Of which need to be com
nicntcd upon. The first section provides that
II any officer, clerk, or emplOye in tho Govern
mont of the United States does, first, contribute
or pay any money for political purposes; or,
secondly, If he pays any assessment or per-
Centagc OF the income or emolument Of his
salary; or thirdly, If he gives, lends, or ad.
vanCes any mouey, property, or valuable
thing with the intcnt assent, permission,
knowledge, or understanding that the slmo
may be applied to political purposes, no shall
be inm mo lately dismissed from the Office, clerk
ship or employment ho holds.
Mr.. Speaker, under the Constitution and
laws of the United States the President is an
officer of the Government of the United States;
and il he makes q contribution for political
purposes, who Is going to dismiss him from his
office You might ms we'll say that the off.
GERS, the clerks and tho employees Of the Gov
ornmcnt shall not bo permitted TO make con-
tributions to religious or charitable or literary
societies as to say that they have not the con-
stitutional right to make voluntary contribu-
| tons OF their own property aud earnings TO
political or for political purposes.
| Further, the third section of this act re-
quires and says that II the head of a Depart
meut (Which includes the heads Of all the Ex.
ccutive Departments of the Government) shall
conc in possession of the knowledge that any
officer, clerk or employe OF his Department
has contributed money for political purposes,
| it shall be his duty to dismiss that clerk, that
officer or that employe, and ii he fails to do it
he shall be subject to indictment, to inprisDn-
mcut aud to fine. What q provision Ii tho
Committee on Reform In the Civil Service
| cannot nuLCu OT tUnSuutT tuY SI6hteT GNl-
dence of statcsmanship than that they had
better Immediately abdcate their positions.
| Why take tho officers OF the Treasury De
| partment rs an illustration. There are two
Assistant Secretaries there are Comptroller,
aud Auditors there is the Commissioner o.
Internal Revenue and there are other officer;
therein, all appointed upon the nomination o
the President by and with tho advice and
consent of the Senate. Is there any power OF
iha nurf nf lho SOprptarv of thn Hrna g,Iry "a
dismiss any one of these officers II such officer
contributes money Tor political purposes Sup
pose that ono OF his assistants should con
| tribute money for political purposes and IL
should come to the knowledge OF the Secro
tnry of the Treasury and he should not dismis;
him You go before the Grand Jury of the
District OF Columbia under this bill, and i
you can find district attorney Of any ex
pericuco who would say, upon his honor ant
legal experiences, to the Grand Jury that tht
Secretary of tho Treasury WAS liable to iudct
mcnt and the Secretary should be indicted
and brought in, what would bo his pic;
to that Indictment? He is asked, are
you the Secretary of tho Trearury
Yes. Was your assistant an assistant in office
Yes. Did he contribute money for politica
purposes? Yes. Did it come to your know
ledge? Yes. Then what have you TO saI
why you should not DO convicted because h
has not been dismissed? ? Why, his plea woulC
be there is no law of Congress that authorize
anybody but the President OF the United
States to remove an assistant secretary Of thu
Treasury, and you cauuot convict mo for no
doing that which | have not the right o
power under law to do. We'll, what more thar
that? Congress heretofore, in lcgislating upol
the question of the tenure OF Office In 1867. by
section 1867 of the Revised Statutes, provide,
that
Every person holding any civil office 10 whiGl
he has been or hereafter may be appointed by an'
with the advice and consent Of the Senate Gn'
who shall nave become duly quuliiied 10 act there
in shall be entitled to hold such olhcc during tho
term for which no was appointed, unless sOoue
removed by aud with the advice aud consent 0
the Senate, or By the appointment with the llk
advice and consent, OF successor in his place
except as herein otherwise provided.
And then, by section l772, Congress In il
wisdom has further provided that every 10
mOvIl, appointment or employment made, ha
or exercised contrary to sections 1867 AN,
others thereafter following shall De treated u
follows:
SEC lT72-Eyery removal. appointment or en-
pluyment, made, had, or exercised contrary I
sections 1867 u l77O, inclusive, and the making
signing sealing, GJuAlerslgn!uS, or Issuing OF an
commission or letter Of authority for or in respec
TO any such appointment or employment, shall b
deemed high misdomcanor, aud every perso
guilty thereof shall be Imprisoned not more tha
i've years or liued not more than $4,000 OF both
Tho person who attempts to remove such a,
officer so appointed shall upon conviction b.
subject to hno and imprisonment. Aud ye
you make 1t the duty under this bill of tn
Secretary OF the Treasury and all tho heads O
the various Executive Departments Of tn
: Government to do an act which the law doe
not allow them to do and you propose T.
: punish them ii they do not do il with an ac
upon our statutc.bOoks furnishing them ii they
do remove certain officers 80 appointed,
| say this third section OF this proposed bill
Is an absurdity and contradiction, Nov
come to section 4. That section provides tina
If any person having q contract with th
United States or any officer shall make any
contributions for political purposes AL hi
rights shall be forfeited. Why, | appeal t
lawyers on the other side OF the House tha
you are running right in the tooth Of the Con
/ stintiou of the United Stltes-that claus
, which says Congress saall not pass any bill II
. regard to atminicr or er post tGclo law. Hi
, rights have become AScd before he makes hi
contribution. They are his property and y0l
cannot deprive him OF them by any Cougrei
sional enactment or law, but because no subse
, Quanty makes political contribution yol
propose to deprive him Of all his rights
, Further than that, any person who has con
{ tract thrco months before his contribution o
, three months after shall forfeit all his rights
, Now, Mr.. Speaker | say he shall forloI
Ht.... Ia H