The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-03-11

the executive to legislate 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
was plain in its terms, and its intent needed no
avowal. II valid and now in operation, it would
justify the present course of the senate, and
command the 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 as
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 1867 was passed, and
within less than five weeks after the inargura-
ton of president in political accord with both
branches Of congress, the sections Of the act
regulating suspensions from Office during the re-
cess OF the senate were entirely repealed, and
In their place were substituted provisions which,
instead OF limiting the causes of suspensions to
misconduct, crime, disability and Disqualified
ton, expressly permitted such suspension by the
the president Tin his 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 all branches Of the government in political
tive to captious obstruction, the law as it was
left by the amendment of 1869 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 executive, and for whose freer administra-
ton of bis high Office the most hateful restraints
Of the law Of 1867 were, on the 5th day Of April,
1869, removed, mindful Of his obligation to de-
fend and protect every prerogative Of his great
trust, and apprehensive Of
THE INJURY THREATENED
the public service in the continued operation OF
these statutes, even in their modified form, in
his first message to congress advised their re-
peal and aet forth their unconstitutional charac.
state whether or not this recommendation for
repeal Of theee laws has been since repeated.
II it 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 60
1t happens that after existence Of nearly
twenty years Of almost innocuous desuetude,
these laws are brought forth, apparently the re.
pealed as we'll as the unrepealed, and then put
In the way Of an executive who is willing, il per-
mitted, to attempt an improvement in the meth
DDS Of administration. The constitutionality of
these laws is 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 ''evidence and reason,' be
now in effect applied to the present executive,
instead of the law afterward passed and unre-
pealed, which distinctly permits suspensions by
the president ''in his discretion" and carefully
omits the requirement that ''evidence and rea-
sons for his action in the case' shall be reported
to the senator 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 sit in judgment upon the
exercise Of my exclusive discretion and the exc
cutive function. for which am solely RESPONSE
BILE to the people, from whom have so lately
received the sacred trust of office. My oath to
support and defend the constitution, my duty to
the people, who have chosen me to execute the
powers of this great office and not to relinquish
them, and my duty to the chief magistracy,
which must preserve unimpaired in all it's dig
nifty and vigor, compel me to refuse to comply
with these demands. To the end that the ser
vice may be- improved, the senate is invited to
the fullest scrutiny of the persons submitted to
them for public Office, in recognition of the con-
stitutional power Of that body to advise and con-
sent to their appointment.
WILL CONTINUE,
as have thus far done, to furnieh, at the re-
quest of the confirming body, all the informa.
ton l possess touching the fitness Of the nom.
inees placed befose them for their action, both
when they are proposed to fill vacancies and
to take the place Of suspended officials. Up
on refusal to confirm, ! shall not assume the
right to ask the reasons for the action of the
senate, nor question its determination. can
not think that anything more is required to
secure worthy incumbents in public office than
careful and independent discharge of our
respective duties within their well-defned lin
ite. Though the propriety Of suspensions
might be better assured IL the action of the
president was subject to review by the GEN.
ate, yet II the constitution and the laws have
placed this responsibility on the executive
branch of the government it should not be
disturbed, nor the discretion which it involved
relinqushed. 1t has been claimed that, the
present executive having pledged himself not
to remove officials except for cause, the fact
Of the suspension implies such misconduct on
the part Of the suspended officer as Injuries
his character and reputation, and therefore the
senate should review the case for his vindica-
ton. l have said that certain officials 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 those in political utilization with
the appointing power, and this declaration WAS
Immediately followed by description of off,
cial partisanship which ought not to entitle
those in whom it was exhibited to considera-
ton. 1t is not apparent, however, whether the
course thus announced carries with it the con-
sequences described. If in any degree the sug
gestion is worthy Of consideration, it is to be
hoped that there may be defense against un
Just suspension in the justice of the executive.
THE PLEDGE WHICH HAVE MADE,
by which have placed Limitation upon my
exercise of executive power, has been faith
fully redeemed. OF course the pretense is not
put forth that no mistakes have been commit
ted, but not suspension has been made ex-
cept 1t appeared to my satisfaction that the
public welfare would be improved thereby.
Many applications for suspensions have been
denied, and the adherence to the rule laid down
to govern my action to such suspensions
has caused much irritation and impotence on
the part OF those who have insisted upon more
changes in the Offices. The pledges I have
made were made to the people, and to them
am responsible for the manner in which they
have been redeemed. l am not responsible to
the senate. and l am unwilling to submit my
actions and official conduct to them for judg-
ment. There are no grounds for an allegation
that the fear Of being found false to my pro-
LESSONS influences me in declining to submit to
the demands of the senate. 1 have not con-
stantly refused to suspend officials and thus
and have not yet wilfully broken faith with the
people for the sake Of being false to them
Neither the discomfort Of party friends nor
the allurements constantly offered OF confirm
atoms OF appointments conditioned upon the
avowal that suspensions have been made on
party grounds alone. nor the threat proposed
IN the resolutions now before the senate, that
no confirmation will be made unless the de-
mands Of that body be complied with, are euf-
1cient to discourage or deter me from follow
ing in the way which l am convinced leads to
better government for the people.
GROVER CLEVELAND.
Executive Mansion, Washington, d. c., March
I, 1886.
When the message had been read
Senator Harris of Tennessee moved that
it lie on the table and be ordered print
ed. Senator Edmunds of Vermont
with considerable excitement objected
to this and said:
1t reminded him of the communications
of King Charles the First to parliament,
and that the president Internationally, no
doubt, had entirely misstated the question
involved by himself and the senate.
think am safe in saying that it is the first
time in the history of the republic that
any president of the United States has
undertaken to interfere with the delibera-
tions of either house of congress or ques-
tions pending before them otherwise than
by message on the state of the Union,
which the constitution commands him to
make from time to time. This message is
devoted solely to question for the senate
itself, in regard to itself, that 1t has under
consideration. 1t is q singularity.
think it will strike reflective people in this
country A somewhat eYtreordira ~ -