The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-10-01

LNIB8v H6 ~ me-
ne Thinks she CivIl Service Csn-
sslsutsoual and the Tenure sf
OMce Law net -.
Detroit Free Press. sept. Ol
The possible action Of the Senate upon the ap-
poiutments made by President Cleveland duf-
Ing the summer vacation and kindred topics
have attracted great deal OF Afternoon 'stety.
Senator Charles w. Jones Of Florida was seen
BY . Fres Pres representative ~ the russell
House last evening and asked:
"What do You think Of the policy OF the ad-
minislraiiun % far developed r
IL think that Presidcp1 Cleveland has had and
viii have more difficult duty to perform. but
up TO this time no true Democra, can seriously
complain Of the policy or even OF his admins
tra,ion. / am aware that good many inicili-
gent and well meaning men IN the Democratic
narty are dissatisfied with the Presidents policy
with respect to the public Offices. But do these
persous duly consider the position OF the Execu-
liver A Democratic House and Republican
Senate nut upon the statute book the civil
service law. A Republican Senate and House
mt there the tenure of Office law. The ConstL
tuition makes it The duty of the President 70
see that the laws OF the United States are faith
fully executed" Another provision requires
him to take an oath to support the Constitution.
How can any good citizen blame the Executive
If Mr.. Cleveland should refuse To adhere tn the
civil service law uor be il observed there is no
policv about this thing, il is duiy) he would
not be entitled to the respect and confidence OF
the people. have heard it said that this law
ia Unconstitutional do not think 60. What
ever may be said about the wisdom OF II, there
can be no question as to the right OF Congress
u enact ii. The power to appoint all the prin-
cipal Offices of the United States resides with the
President and the Senate, but no one will
seriously claim that Congress cannot prescribe
what qualifications il pleases Tor persons holding
Office under the government. so long as such
qualifications do not conflict with the Constitu-
ton. The right to hold Office is not natural
or inherent right but purely conventional one.
The Office is created for the benefit OF society
and not for the benefit OF the person who hold
it, 1t is public trust, not private benefac-
ton. There are over ten millions OF persons IN
the United States who are qualified to hold
office. but there are about one hundred thou
sand offices to fill. Every statesman worthy of
the name, including Mr.. Calhoun, has favored
some system of legislation which would restrict
the partisan power of ofice-hOlders. The inter-
ference of this class with the fair and honest
exercise of election privileges by The great body
of the people has been for years deeply felt AMI
almost universally acknowledged public evil No
section of the Union has complained more OF this
evil in days gone by than the one from which
come The true principle OF civil service reform
conceive to be this: To make the person who
holds public Office free to discharge its duties
without interfering with the rights Of those who
differ from him in political opinion. Every one
knows that a person in official station has more
weight and consequence than person in pri-
yate life in political affairs and especially with
the masses OF the people The Office. as l said,
being a public trust, supported out oil the peck
cts Of the whole people, the person who holds ii
has nc right TO employ The power or dignity of
Ali. IA inn
people or for the advancement of the interests OF
any individual high or low, of any political
party This officer has clear right TO exercise
his own judgment and give free expression TO
his will and feelings at the polls, but the office
is not his; it belongs 10 the American public.
This is the principle which the President is
trying to enforce, and ii is refreshing to the true
Democratic heart to feel that this much-needed
reform is being carried out in good faith for the
first time by Democratic President The
clamor read of in the public press in regard TO
the manner in which the Civil Service Commits
sion is executing its duties does not affect the
principles involved If the commission are not
doing their duty remove them. Let il be re-
membered that the Civil Service law affects
only very Insignificant number OF Office
holders The grand officers of State are not
included in it. But It is a step in the right
direction. voted and spoke for it, and would
do so again"
I" What do you think Of the tenure Ot Office
law"
Now you touch very different question
from the one have discussed with you. The
public very often confound the civil service law,
with the tenure of Office law, but there is no
analogy whatever between them. The tenure
of Office law regard as a clear open. indeed a
fragrant, violation OF the constitutional right of
the President While | admit that Congress
in the exercise Of its legislative power can
prescribe qualifications for Office and regulate
the civil service, deny its power to compel the
Executive to keep in office for an hour any per-
son whom be finds unfit in any way TO discharge
his public duties From the time the govern
ment went into operation in 1888 until 1867 this
right of the President was never seriously Ques-
toned. But you may ask, has the President the
right 10 pass judgment upon a law which VIC
lates the Constitution answer no, as gen
eral proposition. But il the TIVE houses of Con-
gress in furlherance of pure party spirit pass
law or an act over the head of the Executive,
taking away from him clearly expressed and
well established constitutional right given to him
for the benefit and protection of The American
people, it is not only his right, but his duty, to
disregard it. l will give one example The
Constitution gives TO the President the uneuali-
fled power to pardon all persons who have COM
mitted offences against the laws of the United
States. Suppose Congress should pass an act,
would say a law, debating that the President
should not exercise this power. Would such an
act affect his right or duty TO exercise the par
donng power?
1.-THE right of the President to remove persons
from Office when he thinks them unfit to be
there is as clear and as well established rs the
right to pardon offenders. think that Presi-
dent Cleveland in all that he has done with re-
spect to the civil service, and in exercising the
power of removing from Office. has kept within
the bounds of the Constitution.
"There has been good deal said in regard to
the power of patronage as exercised by members
OF Congress There is no such power recognized
anywhere in The Constitution or the laws The
President and the Senate have The sole power of
appointing officers. When the President APP
points person to office he has a right beyond
question TO SEEK information with respect TO the
character and fitness of such person from any
quarter he plcases, and do not think any public
man will complain because he has not been con-
suited or his wishes complied with in a matter
of this kind II is usual, know. for the Presi-
dent to consult members of Congress as 10 the
character AID fitness Of officers. But this is the
Presidents right, for Senators and members of
the House are under M obligations To give ad-
vice or to demand any appointment"
Our young friend. Mr.. III. ID. Allison