The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1886-04-01
DOCTORS DISAGREE.
The Views of a Massachusetts Republican
Leader, of Some Eminence, Contrasted
with Those Advanced In Senator Ed
munds' "Greatest Effort"


Leader. of Some Eminence, Contrasted
with Those Advanced In Senator Ed
munds' "Greatest Effort"
Some ''precedents'' that his Lord
ship of Vermont neglected to include |
in his great report or mention in his
greatest effort" have been discov-
cred by Boston lawyer. They are
interesting fragments of our constitu-
tional history, though of no value for
the information of the noble author of |
the literary and oratorical works men,
toned. His Lordship, whose knowl-
edge includes every thing, was not in |
ignorance of them, and no doubt |
passed his penetrating eye over them |
when he prepared his so-called prece-
dents; but as they would not serve his |
noble purpose of presenting impartially
the truth of history, he omitted them.
But, as his parasites of the star
chamber organs that made haste to
parrot his arrogant assertions are not
so well informed as he is in our con-
stitutional history, it is worth while to
reprint for their information few of
the historic facts that he found it con-
venient to suppress.
The first is a precedent that was
made in the reign of Madison, and is
taken from book called History of
the Appointing Power
1.-The dismissal of the Postmaster-G eneral,
mark in oifieial s' circles. circles y' Contrary to the the
wishes of the President. he had appointed to
the important position Of postmaster OF
been openly opposed to Mr.. Madison. The
President could not but regard tn as an act
pected his friendship. he dismissed him hin. As
he had not been removed for delinquency,
his friends protested, and resolution was
ground that the Senate had not the right to
in the earIy history Of the Government Of an
attempt to question the motives Of the Presi-
dent in regard TO removal"
The next is an official opinion. by
Daniel Webster, Secretary of State in
the reign of Tyler:
''But applications for office or letters re-
with individuals On such subjects are not ofi-
cal proceedings, and can not by any means
proceedings. unless, after the nomination of
President shall think proper e lay such cor
. Senate. MILES Register, BOT. g., p. 81.
The next is from speech by Daniel
Webster in the Senate, and, compared
with the official opinion of the same
eminent statesman as a member of the
Government, fails to reveal that varia-
ton of ideas to suit circumstances and
motives which is so marked a charac-
teristic of his Lordship from Vermont:
.Since the practice has become settled
practice, since every Administration has in
dulged in It. and since it must now be consid-
cred as the legal construction of the constitu-
AZ
dent to remove incumbents from Offices which
they hold, it follows as necessary and as an
inevitable consequence that this power thus
legally vested in the President must be exer-
cised by him as independently of our control
as any other power that is to be exercised by
him under the constitution. And I
see no ground upon which we can call upon
him to give us reasons for the manner in
we can call upon him to give reasons for the
manner in which he exercises any other power
under the constitution. The powers
of the departments are not all mixed up in a
tumble e-'-Con0ressi0na' Globe uol q. p. i,12S.
The deliberate opinion of such char
acter, officially delivered, on state of
which the arrogant Senator from Ver-
mont has turned the powerful head
light of his genius for quibbling, is of
more worth as a guide to truth than ali
the arrogant dogmatism of the latter
joined to the so-called precedents that
even do not 60 to support his asser-
tions.
Edmunds says: "Au papers addressed
the topic of suspension are official pa
pers. v
Webster: applications for office,
letters, or conversations of individuals
respecting [even] appointments, are not
off soia al r,rnooaHinns nd oon !, af bo ~, q do
to partake of the character of official
proceedings.
Edmunds: The suspension of an Off
Ger 'ssimply withholds from the duties
and emoluments of the office pending
decision of the matter by the Senate"
Webster: LAS it is one of the pow
ers of the President to remove incum-
bents from offices, it follows as an inev-
table consequence that this power,
legally vested in the President, must
be exercised by him as Independently of
the-Senate as any other power that is
to- exercised by him under the con-
stitution.
Edmunds: Having. "in the exer-
else of its jurisdiction, to Judge of the
conduct of the suspended official, the
Senate had the right to see the papers
because "they disclose the grounds"
or reasons, ION which the President
acted"
Webster: 1--WE 1.-THE Senate can not
call upon him to give US reasons for
his exercise of that power any more
than we can call upon him to give rea-
sons for his exercise of any other pow
er under the constitution"
Edmunds: ''All the operations of the
Government are executive" The leg
islative chambers have universal pow
er of knowledge in respect to every op-
GRAFTON of the Government and every
one of its officers"
Webster: 1.-The powers of the depart
ments meaning the several branches
of the constitutional are not all mixed
up in a jumble.
The assertions of his Lordship of
Vermont relate particularly to an act
called suspension;" the views of
Webster to an act of renaoUal, and also
to proposition of appointment. 1t
has been very well said that the at
tempt of the Green mountain intellect
to draw distinction between removal
and suspension "is mere cobweb-spin-
ming" Removal is an exercise of the
Presidential discretion, over which the
star-chamber has no control. Suspen-
sion, even by the express words of the
statute, is the same. A suspension is
in law and in effect a removal. The
suspended officer goes out, is removed
from his trust, and a new officer takes
his place. The commission of the
former is killed Dy the issue of COM
mission to his successor, and the fact is
the same whether the star-chamber
afterw ard dissent or consent to the new