Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-03-24
the SPEECH,
Continued from Second Page

- Congress 10 pass Aa"t euo oenatS
ef o. .Tsrriae actual negative against &
asl Lar appointment to office. But tbs
PAl ~ the Executive 10 comparison i:
PossIb -nadsr, for he is Obliged By the Con
s FsI 20 recommend to Congress leRis
SUI: :." vbich he deems the public welfare
S'S End while the Senate within the
"..,;tptional range can not even suggest
cons L;n, the name OF the best and ablest citi
% ~, oE the Republic TO the eommouest aud
,t' 1 Office. Thus the Constitution
l- 49, and thus with single exception
ss-1,lf POLITICAL excitement and bitterness
o"u s,5irrary power, in 1861, which will
S,E;.,usssd hereafter, the Constitution has
%, construed BY every department of the
9S:,,srnment for hundred years
CONGRESSIONAL JEALOUSY,
rssa.5.te Of 1879 is so familiar to the
= that il is useless for me to under
.L' discuss il We al know that upon
S s Mia for the establishment of the Ds.
-. .., I, OF Foreign Affairs, as the De-
g'.,,s,t Of State was then called, aud the
..5T.bmsnt OF the War Department and
- s.,,bhshment OF the Treasury Depart.
-. ~. he great dsSAs arose for the first
- - and 10 the FIRST Congress which in
80 rba question OF the power of the
sr,,,riya 20 remove from office. We all
80 , nov soly Me- Madison led that de-
So a s5ly. indeed, that no discussion Of
=, a1ssrion has occurred from that day
:, I'M, which is not practically based upon
-, r,terances at that time. Veal know
Ike, =. tina, 50 Jealous were that Congress
- ,bs impairment Of the prerogsaVs Of
s;,ss, Of the coordinate departments OF
-, {, ,ysrnmeut that when the very bill
:, ia Calendar conferred upon the Elk
s,,,ivs the right TO remove the Secretary
a War the provision vas stricken out and
a amended and reinserted ss to make 1t q
s,D,-sslln Of the p)Eer as constitutional
,.s,,y,,igs and not comforting of il by
=, s,f Of the legislature Me- Chancellor
An, in discussing this precedent, says:
This amounted to 8 legislative con-
,,,,crIon Of the Constitution, and IL has
sgs- since been sclliesced in aud acted
mon "a Of decisive authority 10 the case
h applies squally 20 every other officer of
i;,7ernmsnt appointed by the President
,,i S47sse whose term OF duration is not
s,a,isly declared. II is supported by the
g-iy5'g reason thai the subordinate officers
N The executive department, ought TO hold
=, me pleasure OF the heal of that De-
Us-nsa-. because be ia invested generally
rib the executive authority, and every
n,-.ia'pstion in that authority by the Sen
- "a al exception TO a general pEinci
,,s snd ought 10 De taken strictly. The
P,ssiisn. - the great responsible officer
for me faithful execution Of the law. and
ne p,~e. OF removal was incidental to
th4 dl;y. aud might Of;sG BE- requisite to
iGliil it.
10 the
OPINIONS or THE ATTORNEYS GENERAL.
u do MOI want to read elsborstely-the
sane matter has been discussed az consi1.
cradle length and, believe, with pretty
general concurrence of views. In volume
J OF the Opinions OF the Attoraeys.G General,
psye l+l9, read the conclusion OF an
opinion Of the then Altorney-Gsneral, Mr.
Lsgsre:
IT any authority wsrs needed to enforce
Considerations which sean so obvious aud
conclusive in themselves, think the cele'
srs,sd deba's on the power OF removal In
re Fts. Congress would furnish 1t. The
Ehoie country seems to have scquiesced
q rhe a-yumant OF Mr.. NJ ,dison IN favor
O.; Ia. 2)ssr. drl VI from the character OF
ez5CuVr- p1Rsr aud responsibility and
from the irresistible necessity OF the case.
From the same volume, page 2l23 from
81 opinion of A;tOrney-Geusrsl CritteGden,
read "a follows:
That the President has, By the Consti
ution OF the United States. the power otre-
moving civil officers appointed and com
|nissioned oy hin, by ana with the advice
bad consent Of the Senate, where the Con-
|sutution itself hos not otherwise provided,
5y GxiDg the tenure during good behavior,
hss been long siucs settled, and has
ceased 70 be a subj-c; o! controversy or
Doubt
In the great debate which arose upon
that question IN tae doIae Of Represents
uvss shortly after the adoption Of the Con-
u,u,ioa. Mr.. M4dls0n is reported to have
ssi. 1t il absolutely necessary that the
President sholld have the power OF remo7-
ing from office: /, will make him In a
pecuha. manues responsible for their con-
duet, ana subject h,a to Impeachment
himself ig be suffers them to perpers'e
Win impanjtS high crimes or mIsdeReEU-
ora sgsins, the Cnitei States, or negec's
10 superiuteCd their conduct 80 as to check
their excuses On tn eoustisutionality
Of the declara'iou / haze no manner OF
iol0y
Aud he determination ofCOngress was
IN accordance With his views, and has
been siGcs iuysriably followed in practice
57 ey-ry President OF the United States
hold in my hand now q book from
which desire to read single sentence
tron each one Of two volumes. read
sN3soFrs HISTORY or THIS CONSTITUTION
0, ne aited States A. toe beginning OF
he d'st volume be SAYS.
"S,4rcgly one who wished ms good
.pee1 Ene1 irst ssssyed to trace the his
tory Of America remains to greet me win
s welcome az near the goal Deeply
gts,s,ul as | AN for the friends who rISe
10 70 gladden. ny Old age their encourage
men, m4s; renew my griei for those who
have gone before me.
| r-ai that single clause 10 indicate the
time labor. and though, given oy that gen
,lsusu 10 the writing of the history of the
AuencsB Constitution. II there be ia sil
this vide world an entirely disiurerested
authority on this gres, subject, believe
uOHs Il deny that It il to bs founSin that
book On page 1870 Of the second V1lnue,
ste, discussing the failure 10 establish an
executive council in the convention which
framed the Constitution, he says:
The tailure to establish an efficient
council led the convention most reluctantly
to vest the Senate with some control over
acts OF The Executive
The failure OF the project for an ex=cu'
ave eogRcil led the convention most re
Iactsl,ly tc invest the Senate With some
control oVer he acts of the Executive
10 the Geyt page be says:
Had the consent OF the Senate oaen
made Necessary 10 displscs as veil as TO
aDD0lDF sha Eyan,fiya vvoulA haya SIM red