Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1886-03-05

The threatened conflict between the Re-
publican majority Of the Senate and the
President which has been for some time
impending seems to have early reached
crisis For some time past under the
lead of Senator Edml nds the Reruh lean
Senators have been asserting the power OF
that body to review tie action OF the
President in suspending Federal officials
during the recess of the Senate: and with
that view several resolutions calling upon
the heads of the different executive de
partments for al papers on file, in such
departments. rela i've to the causes Of such
passed As vii be reinem bered, the mat
ter took definite shape in tie resolution
calling on the Attorney General for cop
les of all documents and papers that have
been filed in the Department Of Justice
since the 1st day Of January, 1885, in re-
ation to the management and conduct of
the office of district attorney of the South
ern district of Alabama" One Geo. NJ.
Duskin, Republican, had been removed
from this Office by the President on July
18th, 1885, and Democrat of high stand
ing appointed in his place. The purpose
and effect of the resolution was to obtain
from the Office of the Attorney General
copies of confidential letters sent to the
President regarding the incapacity and
unftness of the official whom be removed
and involved an assumption by the Sen,
ate of the right to review the action of the
President in making such removals and
the causes which Influenced him thereto.
The Attorney eneral, by direction of
the President, refused to comply with the
demand Of the Sera'e, statiEg briefly as
the reason of such refusal that the papers
referred to are of a confidential and pri-
vate nature. intended for the inforn1a-
ton of the President in the exercise of
power exclusively his own, and that there
fore the President did cot think the pub
lie interest would be promoted by submit
ting them to tie inspection of the Senate
This gave rise to a resolution repor ed
from the Senate Judiciary committee by
Mr.. Emunds, its chairman, in which the
Attorney General expressly and the Pres
ident by necessary implication were cen
sured for withholding the documents call
ed for as 'subyersive of the fundamental
principles of the government and ola good
administration thereof
This resolution called forth from the
President on Monday an able, firm and
dignifed message to tie Senate, in which
he justifies the action of the Attorney Gen
eral and assumes the responsibility there
for and in unequivocal language asserts
his prerogative to suspend Federal off
Gals in his discretion without in any way
consulting the Senate or having his action
in that regard reviewed by that body
He says:
''W hile therefore, am constrained to deny
the right of the Senate to the papers and docu
ments described. so far as the right to the same
-is based upon the claim that they are in any
view of the subject official arm also led I'M
ate by the aid of any documents whatever, or
in any way save through the judicial process
of trial on impeachment, to review or reverse
the act of the Executive in the Suspension, dur
the recess of The Senate, of federal officials
| believe the power to remove or suspend
such officials is vested in the President alone
by the constitution, which in express terms
provides that 1.-The executive power shall be
vested in President of the United States Of
hat he chol1 To
laws be faithfully executed"
The Senate belongs to the legislative branch
of the government. When the constitution,
by express provision, supe yadded TO its legsla-
tive duties the right to advise and consent to
appointments to office and 10 sit as court of
impeachment, it conferred upon that body all
the control and regulation of executive action
supposed TO be necessary for the safety of the
people and this express and special grant of
such extraordinary powers, not in any way re-
lated TO or growing ont of general senatorial
duty, and in itself departure from the gener-
al plan of our government, should be he'd, un
der familiar maxim of construction, to ex
clude every other right OF interference with ex-
ecutive functions.
In the first Congress which assembled after
the adoption of the constitution, comprising
many who aided in its preparation, legisla-
tive construction was given to that inslru-
ment, in which the Independence OF the Execu-
tive in the matter of removals from office was
fully sustained"
'The requests and demands W hich by til.
score have for nearly three months been pre-
sented to the different departments of the gov
ernmeEt, whatever may be their form, have
but one complexion They assume the right OF
the Senate to sit in judgment upon the exer-
else of my exclusive discretion and executive
function. for which | am solely responsible TO
the people from whom have SO lately received
the sacred trust Of office. Ny oath to support
and defend the constitution, my duty to the
people who have chosen me to execute the
powers of their great office and not to ren-
quish them, and my duty to the chief magis-
tracy, which | must preserve unimpaired in all
its dignity and vigor, compel me to refuse to
comply with these demands.
The the end that the service may be impro ved
the Senate is invited to the fullest scrutiny of
the persons submitted to them for public Office
in recognition OF the constitutional power OF
that body to advise and consent to their ap-
pontment. | shall continue, as have done
thus far, TO furnish, at the request OF the con-
frming body, all the information | possess
touching the fitness of the nominees placed be-
fore them for their action, both when they are
proposed to fill vacancies and to take the place
of suspended officials. Upon refusal TO con
firm | shall not assume tho right to ask the
reasons for the action Of the Senate nor cues
ton its determination. | cannot think that
anything more is required to secure worthy
incumbent. in public office than careful and
independent discharge Of our respective duties
within their well defined limits
The President also refers 10 the tenure
of Office act passed during Johnson's adj
ministration, by which the Senate endea-
vored to assume to itself he power Of re-
reviewing the action of the President
which it now pretends to exercise, and
while not admitting its constitutionality,
shows that that ac', in 80 far as it sought
to control the discretion of the President
In making remn1als Has renealed early