Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-03-11

were enClrely repealeQ, anu III tlelF plaCC
were substituted provisions which, instead
of limiting the causes of suspension to mis-
conduct, crime, disability or disqualified
ton, expressly permitted such suspension
by the President Sin his discretion" and
completely abandoned the requirement
obliging him to report to the Senate 'evi-
dence and reasons' for his action. With
these notifications and with all branches
of the Government in political harmony,
and in the absence Of partisan incentive to
captious obstruction, the law as it was left
by the amendment of 1869 was much less
destructive of Executive discretion, and
yet the great General and patriotic citizen,
who, on the 4th day of March, 1869, assum-
ed the duties of Chief Executive, and for
whose freer administration of his high
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 contin-
ued operation of these statutes, even in their
modified form, described their unconstitu-
tional character and hurtful tendency in the
following language:
"It may be we'll to mention here the en-
barrassment possible to arise from leaving
on the statute books the so-called Tenure
of Office Acts, and to earnestly recommend
their total repeal. 1t could not have been
the intention of the trainers OF the Constl-
tuition, when providing that appointments
made by the President should receive the
consent of the Senate, that the latter should
have power to retain in Office persons placed
there by Federal appointment against the
will of the President. The law is incon-
sistent with the faithful and efficient ad-
ministration of the Government. What
faith can an Executive put in officials forced
upon him, and those, too, whom he has
suspended for reasons. How will such ofti-
cials be likely to serve an Administration
which they know does not trust them 2"
am unable to state whether or not this
recommendation fol-, repea! OF these laws
has been since repealed. If it has not, the
reason can probably be found in the ex-
perience which demonstrated the fact that
the necessities of the political situation but
rarely developed their vicious character.
And so it happens that after an existence
Of nearly twenty years OF almost lnnocuous
desuetude, these laws are brought forth,
apparently the repealed as we'll as the
unrepealed, to attempt an Improvement
in the methods of administration. The
constitutionality Of these laws is by no
means admitted. But why should the pro.
visions of the repealed law, which required
the Senate of "evidence and reasons" be
now in effect applied to the present Execu-
tive, instead of the law afterwards passed
and unrepealed, which distinctly permits
suspensions by the President sin his discre.
tiOn, :" and carefully omits the requirement
that "evidence and reasons for his action in
the case" shall be reported to the Senate?
The requests and demands which BY the
score have for nearly three months been
presented to 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 discretion and ex-
ecutive function, for which l am solely re-
sponsible to the people from whom l have
so lately received the sacred trust of office.
My oath to support and defend the Con-
stitution, my duty to the people who have
chosen me to the executive powers OF their
great Office, and not to relinquish them, and
my duty to the Chief Magistracy, which
must preserve unimpaired in all its dignity
and vigor, compel me to refuse to comply
with these demands.
TO the end that the service may be I'M
proved, the Senate is nvited 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
consent to their appointment, shall contin-
ue, as have thus far done, to furnish, at the
request of the confirming body, all informa-
ton I possess touching the fitness OF the
nominees placed before them for their &C.
ton, both when they are proposed to bll
vacancies and to take the place of suspended
officials Upon refusal to confirm l shall
not assume the right TO ask the reasons Tor
the action of the Senate, nor question its de-
termination. cannot think that anything
more is required to secure worthy incum,,
bents in public Office than the careful and
independent discharge of our respective
duties within their wel-defned limits.
Though the propriety of suspensions might
be better assured if the action Of the Presl-
dent was subject to the review of the Senate,
vet tiff the Constitution and laws have placed
this responsibility upon the executive branch
of the Governmental it should not be divided,
nor the discretion which it involved be re-
linqushed.
It has been claimed that the present Ex-
ecutive having pledged himself not to re-.
move officials except for cause the 1act OF
their suspension implies such misconduct on
the part of the suspended official as Injuries
his character and reputation, and therefore,
the Senate should review the case for his
vindication.
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 athiiatlon
with the appointing power and this declar-
alton was Immediately followed by de-
scription of official partisanship which ought
not to entitle those in whom it was exhibit
ed to consideration.
It is not apparent how an adherence 10
the course thus announced carries with 1t
the consequences described. II in any de-
gree the suggestion is worthy of consldera-
tion, it is to be hoped that there may pe
defence against unjust suspension in the
iustice of the Executive. Every pledge
which have made, by which have placed
limitation upon my exercise of the Execu-
tive power, has been faithfully redeemed.
Of course the pretense is not put forth
that no mistakes have been committed, but
not suspension has been made, exceptit
appeared to my satisfaction that the pubic
welfare would be improved thereby. Many
applications for suspension have been de-
MED, and adherence to the rule laid down
to govern my action as to such suspensions
has caused much irritation and impatience
on the part of those who have insisted upon
more changes in offices.
The pledges have made were made to
the people, and to them l am responsible
for the manner in which they nave Deen
redeemed. I am not responsible for the
manner in which they have been redeemed
to the Senate, and am unwilling to sub
NIT nv actions and official conduct to them
for judgment.
There are no grounds for an allegation
that fear of being found false to my profes-
sions influences me in declining to suDmlC
to the demands of the Senate. | have not
constantly refused to suspend officials ana