The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-08-31
THE CIVIL-SERvlCE SCHEME.
The Pend!eton Act Does Not Bind the Presi-
dent-FallacieS of the Plan.

tien took place;
Reporter-General wiz you give your views
upon civil service REFORM as it is called, for pub
hcation in the SUM-
General Buter-Yes Yet it depends upon
what aspect of the civil service matter you wish
to consider If as to the political bearing of the
matter, have no more to say. l said all l de-
sired in that regard to the late Democratic
national convention and it was offered as part
of the platform in that convention. But there
is another phase of the question upon which [
will give my opinion, if you DESIRE and that is
whether Congress or anybody else can IN any
way interfere with or limit in any degree the
discretion of the appointing power, in case OF
any officer Of the United States. save Only that,
as to certain high officers. the Senate may refuse
TO confirm.
The power of appointment is, by the Constltu-
ton. granted to the President IN these words:
He shall nominate, and, by and with the advice
and consent of the Senate, shall appoint embas-
sailors, or other public ministers and consuls,
judges of the Supreme Court and all other
officers of the United States whose appointments
are not herein otherwise provided for, and
which shall be established by law; but the Con-
gress may by law vest the appointment of such
inferior officers they think proper in the Presi
dent alone, In the courts OF law, or IN the heads
of departments"
Take the first class. Can Congress- by law
direct the President whom he shall appoint as
ambassador or other public officer, saying he
shall appoint such one, or shall not appoint the
OLnerf ne SENATE may r6IuS6 10 CO0Uf III MS
nominee, but it lis too clear for argument and
has been the settled practice of the country that
no law or order can be passed by Congress. even
with the approval of the President, to bind or
control the President in this behalf, because
although one President may approve the law
intended to control his successor yet as Congress
can do nothing in that direction, so the President
can do nothing with the aid of Congress even to
control any succeeding President as to the proper
exercise of the powers conferred upon him by
the Constitution.
To illustrate Familiarity Congress cannot pass
a law that the President shall appoint only blue
eyed men to office, or that the President shall
appoint only to given Office the man out of ten
who can Jump the furthest on competitive trial
of jumping Assume that it is desirable that
member of the bar only shall be Chief justice of
the United States, yet Congress could not
strain by law the appointment by the President
of anybody he should choose to appoint, lawyer
or no lawer.
But one who sustains the right of Congress to
make a law restricting the President to appoint
ing to Office from a class designated by a law of
Congress, or from a class selected in accordance
with such law, may say that judges are recog
nzed by the Constitution. But the Constitu
ton also says that the President may. appoint
other officers to places which shall be established
by law May not Congress regulate VINO shall
be appointed when they establish the Officer To
that the answer has been from the beginning,
and is now, no!
The law makes the office and defines its pow
ers and duties. but the President makes the
officer solely as he chooses That power is es
tablished in him alone.
The civil-service man says: 1.-THE Constitution
says Congress may by law vest the appointment
of such inferior officers as they may think proper
in the President alone, in the courts OF law or in
the heads Of departments" Then, cannot
Congress, when it vests the power of appoint
ment of inferior officers in the President, say
also whom he shall appoint, or determine the
class from which such inferior officer shall be
appointed No. The Constitution has given
the power to Congress to establish the Office and
vest the appointment in the President, but so
yestng makes the appointing power as fixed and
completely in him in such case if such power
had been given to the President directly by the
Constitution. Congress vests the power of
appointment, and there its power begins and
ends.
The same is true in regard to the appointment
Of inferior officers vested by law Of Congress in
the courts. Congress may by law vest in a court
that is, in Judge of a court-the power to
appoint clerk. From that moment the judge
is supreme as to whom he shall appoint, and
Congress is powerless And SO of heads of
Departments.
This whole question has been recently so fully
and ably argued by President Arthur in his
veto of the bill which directed him to appoint
Fitz John Porter TO the retired list of the army,
although that was not the exact language of the
bill, but its intent that do not think any more
argument is needed upon the proposition of the
constitutionaty of any law which infringes OF
impinges upon the power of appointment Of
OffcerS or the UnlteQ states mat Is vested IN the
President by the direct words OF the ConStitu-
4ion. or by law enacted by Congress vesting
she appointing power in case OF an inferior officer
In the President alone, the courts or heads of
departments.
Reporter-But, G eneral, if the President
chooses to be guided in his appointments by the
Civilservice law and rules made under it. he
do 30 without objection.
General Butler-Yes, because he is the only
person :hat can object in case it is his appoint
ment He may appoint only those whose appoint
ments are advised by his kitchen cabinet, as
many Presidents have done, bat that is not car
rying the government according to the
theories of the constitution. If the President
allows himself to be controlled by an unconst-
tutional law he is not taking care that the laws
be faithfully executed"
Reporter-But, General, is not selecting the
officers for inferior grades by competitive ex
animation conducting government upon bust
ness principlesl
General Butler-I have heard that cry before
but it is simply humbug. How many mer-
chants, how many manufacturing companies
how many banks, how many railroads, how
many steamship lines select their under officers
and clerks by competitive examination! There
is no business in it,
Competitive examination of officers for the
army was started in Washington during the war.
and proved abortive An officer who could
recite the tactics by heart passed his examna
ton with high honor, and was the most likely to
run away at the hiss of the first she'll.
The only place. far as | know, where COM
pettive examination is the order of appointment
is among the members of Congress in their
selection OF nominees for West Point and the
Naval Academy. The member especially if his
district is close, doesn't like to take the RESPONSE
bility of selecting young man as cadet and so
he puts it usually upon three schoolmasters to
have a competitive exam nation of the applicants
for the place. and the friend of one of them
always goes through.
Now. Mr. Reporter, if you will only go to
West Point and make the examination you will
fns that larger number of those who get ap.
pointed by competitive examination lose their
place and rank for incompetency of some sort
IN the course of the first two years than in like
number appointed in the ordinary way. / have
not been to West Point to test this fact Stats
tcal!y, but am SO persuaded of its existence
from the very necessity of the thing, that if it
doesn't nrOYe to be substantially cnrrect / will