The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1886-02-18

The judiciary Committees Report on
f, the Relations Of the Executive
to the Senate.
washington speciaI.l


cation for information regarding a remov ed
official. He has had the records overhauled
for precedents, and is greatly pleased at
what he has found. The following is in
substance the historical portion of the SEN
ators report:
Three Senate committees have considered the
whole subject Of the relations Of the Executive
TO the Senate and Congress-. and have taken
substantially the same position, that the Senate
has right to participate witE the President In
removals. as it has right to participate with
him in appointments. and that Congress has .
right to enact almost any kind CT law regulat-
ing the exercise Of the appointing power by tina
President. The first OF these committees re-
ported In 1926. and had Thomas II. Benton at it's
head In 1895 John c. Calhoun had a committee
created to consider the growth and the proper
means Of curtailing Executive patronage aud
made n very able report not much OF which,
however, was devoted TO the matter OF remov-
ais In 1874 third Senate committee was
raised on this subject, and was headed by Sem
ator Morehead, who made his report June Is,
1874. The Benton and Calhoun reports and the
debates ON the latter are attached to the More
head report which devotes more space than its
predecessors to the alleged right of arbitrary
moyal possessed by the President Senator
Morehead said that the power OF removal with
was not only not conferred on the President by
the Constitution, but expressly withheld
from him. He admitted that that power had
been exercised without impeachment and
without the acquiescenee of the consti-
tuted authorities since the organiZa-
ton OF the Government, but he pointed out
that for the first thirty years removals
scarcely ever made except for cause, and with
that practice he contrasted the practice of re-
SnS a
twelve years. 1t was not. he said, till 1876 that
the Senates attention called TO the Presi-
dents assumption Of power not belonging to him.
and its attention wns then called to it by the ex
ercise of the appointing and removing power by
President who was elected by the House of
Representatives after a heard and excited cam
paign. The COMMITTEES then created the Benton
comInittee) reported in favor Of Congressional
regulation OF the appointing power, and report
ed six bills to curtail the Presidents
patronage. and also to repeal the four
years act Of 1920 One OF these bills
was to prevent the arbitrary removal Of
acted on. The Calhoun committee reported two
bills. One of these repealed the four years law,
and made it the duty Of the President to report
TO the Senate the reasons for every removal
made during the recess the other bill regulated
the management of public deposits. The former
bill passed the Senate after most interesting
debate by vote of 81 TO 10. Mr.. Morehead de-
scribes this rs the reclamation by the Senate Of
the power which. by the casting vote of the Vice
President; was in 1883 yielded to the President,
but which Congress has the right TO reclaim
at any time. Mr.. Morehead argues the
invalidity Of the precedent Of 1889 ON
account OF the peculiar circumstances
George Washington then being President
and the Senate being entirely new to it's duties.
Besides he says. all that was then conceded was
He admits that Madison argued for the Presi
dents power of removal, but he also points out
that Hamilton, who was always on the side OF q
strong executive said In No. 81 of the FedeTutist
that the President could only remove with the
consent of the Senate. Hamilton used this to
alay the fear Of those who thought the Presi-
ant nahf nIa 49,
Office Fisher Ames construed the Constitu.
ton Hamilton did. Down to 1928.
says Mr.: Morehead, -the power was not
construed as authorizing the removal of
honest, qualified men. The motive for its exer-
else was public policy--not party resentment"
The report vigorously condemns allowing the
President to divide the Offices "as victorious
General distributes the spells Of conquest. A
citizen Of the United States" saws the report in
small capitals, who @ccepts a public trust,
however obscure his birth or humble his en-
| ployment has an invioable right to be protected
In the faithful discharge of his duties from the
| violence or the menaces OF arbitrary power"
| Speaking OF the newly introduced spoils sys-
| tenn, the report says:
Honest, capable, and faithful public servants
| have been removed from Offices which they had
filled with credit TO themselves and advantage
| 70 the country TO make room for incompetent
parasites, whose meager qualifications for such
9tlces were 20 30 aci a. e.Ie expense OF the
Government, and whose experience was to be
| mhttircd at q cost not to be estimated, consist-
| ing OF losses to the nation perhaps never 70 be
| recovered. Diplomatic functionaries who had
| filled those stations with honor to themselves
| and their country have been recalled to make
way for and to afford the means of corrupting
the members OF the National Legislature
The resolutions attached to this report affirm
| the right of Congress to make laws regulating
the appointing and removing power, denying
the power OF arbitrary removal to the President
ing in favor OF n law regulating qualifications OF
appointees and excluding improper inter-
| ferences in State or Federal elections by
IN no
year law Mr.. Calhoun attributed the needless
increase of the public service TO the Presidents
power of removals, and he claimed that his
party had pledged itself TO repeal the four-year
| law and to restore to Congress the power OF
| Diminishing officials. Webster and Clay strongly
sointe removal to = the PRESIDENT Webster
| affirmed the power OF Congress to reverse the
action OF 1883, and Clay offered an amendment
Presidents reasons were not satisfactory
| TO the Senate the removed official
should resume his office. Webster af-
trmed the constitutional right of the Senate to
demand of the President the reasons for his
moval. Two years before this, in March, 1912,
| the House of Representatives by resolution
| c@led on the President and the heads OF the de-
| partments for the names of all members of the
! Twenty-sixth and Twenty-seventh Congresses
who were applicants for office. whether they APP
| piled In person or by friends, and what places
| they wanted. President Tyler refused to give
the Information. saying. In the first place, that
applications for office were confidential commu-
nications TO him, but he added:
"The appointing power as far as 1t bestowed
on the President by the Constitution, is con-
ferred without reserve qualification The
reason for the appointment and the re-
sponsibility for the appointment rest
with him alone. 1 cannot perceive any
where in the Constitution tf the United
States any right conferred on the House Of Rep
resentatives TO hear the reasons which m APP
plcant may urge for appointment to Office
under the Executive Departments, or any duty
resting upon the House of Representatives by
which it may become responsible for any such
appointment"
In the summer OF the same year-July. 1872
the removal OF pension clerk named Sylvester
by Secretary OF War Spencer, created such
breeze that the House raised a select committee
| to investigate the matter. Garrett Davis was
Chairman. This removal was not political.
Webster demanded Sylvester's removal on the
ground that he had spoken libelously of him.
Garrett Davis reported three resolutions Of
which the second is as follows:
"Jlcs0lUCd That both houses Of Congress. and
especially the House OF Representatives, as the
grand inquest Of the nation, have constitution
al right at all times TO free access TO the ex-
ecutive departments of of tho Government for
the examination Of all papers therein, whether
| regarded by the head Of the department pub
Tic private and confidential, and also to
copies Of such papers from the officer officers
having their custody, as either house may re-
1uire."
THE value of fine cloth exported from
| Berlin in 1886 shows decrease of 10000
| 600 marks "a comDared with 1884 due TO