New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-22

THE CONSTITUTION AND CIVIL SERVICE.
The Herald expresses a hope that public de-
bate on the Civil Service question may soOu
begin. 1t suggests chat the President may re-
fuse to tell the Senate his reasons for movals,
and insist on his constitutional right of re-
moval without giving reasons. 1t is possible
for him to take that course. Bat it would be
wiser for him to consider closely whether it
would be for the pnbic good. That it would
not be for his personal convenience he will
readily understand, aud should not be moved
by that consideration if the efficiency of the
public service would be promoted by refusal
But the President will see some reasons for be-
lieving that anything like needless antagonlSm
between him and the majority of the Senate
would tend to impair the public service. II Ills
object is to do the best that he can to make the
service efficient, that consideration will have
weight but if he has other aims which control
the selection of officers. then, indeed, he may
court antagonism as a pretcXt.
1t is argued that the President must have the
power of removal absolutely and without con-
dtions, else he could not be responsible for the
enforcement of the laws. Here there is an as
sumption that the President alone is responsible
for the enforcement of the laws; that is, the
President alone has executive power. he con-
stitutIon does not 50 read. Part of the eXecu-
tive power is lodged with the Senate. 1t Is
made the duty of that body TO decide whether
each appointment by the President should be
confirmed. In order to judge rightly the Senate
must have before it the Presidents reason Tor
making any change, ana if the President de-
clines to give any reason, that Is strong evil
dence that he has none which will bear the
scrutiny of the Senate TO demand that they
should confirm appointments without knowing
whether there are any proper reasons for
change, is to require that the Senate shall sur
render its constitutional right of Independent
Judgment, and become "A mere instrument to
register the DEGREES of the President. That is
not the sort of Senate for which the cOnsttu-
ton provides.
1t may be embarrassing for a President To
give his reasons tn Senate politically opposed
to him. But that is an embarrassment which
the constitution itself involves. 1t would lie
especially embarrassing if a President seeks to
serve any wrongful purpose, but for that reason
the constitution has placed that check on his
action. 1t is not for the President to say being
of one party and the majority Of Senators OF
another that he cannot expect them to appre-
ciate the necessity of having OF Gals in sym
pafhy with the appointing power. The Frcsi-
dent has no right and no reason to assume that
the Senate is less patriotic than himself Ills
duty is to consider that his own motives may be
in error the constitution assumes, or IL
would not have placed check upon him. He
ought to consider that it is part OF his duty to
help the Senate to judge wisely whether his
acts are for the public good, and to submit if
the judgment is against him, us he expects
other servants Of the people 20 submit when
| the power lodged with him is exercised con-
| trary to their opinions.
The strongest argument that can be found foI
the constitutionaliy of a strictly non partisan
civil service, from highest to lowest, Is based
on the fact that the constitution requires APP
| pointments confirmed by the Senate, though its
| whole tenor looks to the creation of a Senate
that shall not always be in political sympathy
| with the President. Only a third of the Scna-
| tors are elected the same year with the Presi-
dent, and they are elected in mode so differ
| ent that every Senator chosen the same yea
might be politically opposed to the President
! II is plain that the constitution intended that
this separate body, often of different political
opinions should be satisfied with all appoint
ments as well as the President If custom
has drifted us far away from that conception Of
| the appointing power, the sooner we get back
| to it the sooner will the Government be re-
stored 10 the principles and practices of it:
! founders.