Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1886-03-10

1I1GMOs lWO DOll6
senate belong 70 the legislative branch of the
government. When the constitution by express
provision superadded to its legislative duties
the right to advise and consent to appoint
ments to Office, and to sit ~ . court Of i'm
peschmsnt. 1t conferred upon that body all the
control and regulation Of executive actions sup
posed to be necessA1y 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 out Of general senatorial
duty, and in itself departure from the gen.
ersl plan Of our government-should be hole,
under q familiar maxim Of construction, to ex-
clude every other right Of Interference with
executive functions. In the first cong ees
which assembled alter the adoption Of the con-
stituton, comprising many who aided In its
preparation, Legislative construction waa given
to that instrument, In which the independence
of the executive in the matter Of removals
from Office was fully sustained. think it will
be found that In the subsequent discussions Of
this question there was generally, il not At all
times, = proposition pending in some way cur
failing this power Of the president BY legisla-
ton, which furnishes evidence that 70 limit
such power 1t was supposed to b necessary to
supplement the conetitutin BY such legisla-
tion. The drst enactment OF this description
Was passed under stress Of pastisanship and
political bitterness, which eliminated In the
president's impe peachment. This law provided
Lhxt the federal officers to which 1t applied
co:ld only be suspended during the recess OF
the senate, when shown by evidence satisfac-
tory to the preeident to be guilty of miscon-
duct in ONCE or crime. or when incapable or
disqualified to perform their duties, and that
within twenty days after the next meeting Of
the senate it should be
1us DUTY OF THE PRESIDENT
ITO report to the senate such suspeusions, with
the evidence and reasons for his action in the
case" This statute, passed In 1857, when CON-
gress WAS overwhelmingly and bitterly opposed
to the president, may be regarded ss an lndica-
ton that even then 1t was thought necessary by
congress determined upon the subjugs'ion OF
the executive to legisate at will to furnish itself
law for that purpose, instead Of attempting to
reach the object intended by An invocation Of
any pretended constitutional right. The law
which thus found its way to our statute book
was plain in it, terms, and its intent needed no
avowal. II valid and now In operation, 1t would
justify the present course of the senate, and
command tho obedience Of the executive to its
demand. 1t may, however, be remarked IN pass
ing, that, under this law the president had the
privilege Of presenting to the body which A.
sumed to review his executive acts his reasons
therefor, instead Of being excluded from explain
alton or BY papers found IN the departments.
Two years after the law Of 1857 was passed, and
within less than i've weeks after the inar gura-
tion Of president In political accord with both
branches of congress, the sections Of the act
regulating suspensions from office during the 10.
cess Of the senate were entirely repealed, ana
in their place were substituted provisions which,
instead Of limi ing the causes OF suspensions TO
misconduct, crime, disability and disqualidca-
ton, expressly permitted such suspension by the
the president ''in bis discretion, and complete
ly abandoned the requirements obliging him to
report to the senate 1.-THE evidence and reasons
for his action. With these notifications, and
with al branches Of the government In political
harmony, and In the absence Of partisan tncen-
tive to captious obstruction, the law - 1t was
left by the amendment OF 1860 was much less de-
structive to executive discretion; and yet the
great general and patriotic citizen who, on the
4th day Of March, 1859, assumed the duties OF
chief exec c1tive, and for whose freer administra-
ton OF bis high office the most hateful restraints
OF the law of 1907 were, the 9th day of April,
1859, removed, mindful Of his obligation to de-
fend and protect every preroRative OF his great
trnst, and apprehensive OF
THE INJURY THREATENED
tho public service In tho continued operation OF
these statutes, even in their modified form, In
his drst message to congress advised their re-
peal and set forth their unconstitutional charac.
ter and hurtful tendencies. am unable to
stste whether or not this recommendation Tor
repeal of these laws has been since repeated.
II 1t has not, the reason can probably be found
IN the experience which demonstrated the fact
that the necessities OF the political situation but
rarely developed their vicious character; and 20
it happens that after existence OF nearly
twenty years OF almost innocuous desuetude,
these laws are brought forth, apparently the re-
pealed ~ we'll ~ the unrepealed, and then put
In the way Of IN executive who 10 willing, II per
ods Of administration. The constitutionality of
these laws 10 by no means admitted. But why
should the provisions OF the repealed law, which
required specific cause for suspension and re-
port to the senate Of "svidence and reason" be
now In effect applied to the present executive,
instead Of the law afterwsrd passed and unre-
pealed, which diltinctly permits suspensions BY
the president ''in his discretion" and carefully
'mits the requirement that ''cvidence and res
for hie action In the case" shall be reported
| to the senate2 The requests and demands
which by the score have for nearly three months
been presented to the different departments Of
| the government, whatever may be their form.
have but one complexion. They assume the
right Of the senate to cit In judgment upon the
exercise Of my exclusive discretion ana the exc
cutive function, for which l am solely RESPONSE
bic to the people, from whom have 90 lately
received the sacred trust of ofhce. My oath TO
support and defend the constitution, my duty to
the people, who have chosen me to execute the
powers Of th . great oface and not to reltnqutsh
| them, and my duty to the chief magtstracy,
which must preserve unimpaired In oil its dig
| nifty and vigor, compel me to refuse to comply
with these demands. To the end that tho ser
vice may be improved, the senate is invited to
the fullest scrutiny Of the persons submitted to
sttutionsl power OF that body to advise and con-
| sent to their appointment
TWILL ooHruu1,
ss I have thus far done, to furnish, st the re-
quest Of the confirming body, al tho informa-
~ thn
inees placed before them tor their sction, both
when they are proposed to hll vacancies and
to take the place of Suspended of'cials. Up
| on . refusal TO confirm I shall not assume the
| right to AK the reasons for the action of the
senate, nor question ito determination. l can
| not think that anything more 10 required to
secure worthy incumbents in public Office than
eareful and Independent discharge Of our
respective duties within their well-de6ned lin
its. Though the proprlsty Of suspensions
might b better assured II the action Of the
| president Wa subject 10 review by the SEN
ate, yet II the constituti N and the laws have
placed this responsibility on the executive
di.tarbed, nor the discretion which It involved
relinquished. 1t has been claimed that the
present executive having pledged himself not
TO r-movs odicials except for cause. the fact
| Of tho suspension implies fuch mfsconduct on
the part Of the suspended ohacer ~ Injuries
/ -
| senate should review the case for his vindica-
lion. hsvs said that certain ofncisls should
not, in my opinion, be removed during the
| continuance of the term for which they were
appointed solely for the purpose Of putting in
| their places thoss in political sn,liation with
tn. appointing power, and this declaration Was
| Immediately followed by description Of ofn-
cial psrtissnship which ought not to enttle
those In whom It was exhibited to considers
tion. It 10 not appsrent, however, whether the
course thus announced carries with II the con-
| sequences described. II in any degree the sug-
esseaop 10 worthy Of consideration, It 10 to BE-
hoped ths& there may bs defence agsinst nm
Just suspension in the justice Of the executive.
TIE PLgDeE WEIGH I HAVE MADE,
| b which hsvs placed . limitation upon my
exercise Of executive power, has been faith
fally redeemed. OF course the pretense 10 not
pat forth that no mistakes have been commit
~, Sst rot . suspension hss.bee made e.
espe Il sppssrsd 70 my sstisfsction that the