The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1886-03-16
The Right tn Suspend.

The following from the New York
Stur expla ns The issue between the p es.
Idtnt and the U. S. Senate Tue Star
says:
"There are three or four propositions
OF constitutional law which, il clearl,
understood and properly held, will make
perfectly plain the issue betw Presi.
lent Cleveland and Senator f imunds.
TIE 6rst is tba, remouais from office is
a power entirely and absolutely execu.
i've. The President cannot share i, with
any other branch Of the government.
The executive department, and it alone,
xecutes the laws. Removal from office
is an Incident Of execution OF the laws.
"The second is lha, suspension from
flee is removal, even by the present
t'nure Of flee law, enacted in 1869
The suspended filcer is put out and an
other comes in. To be cure the Pres-
dent must nominate TO The Serate the
one who comes 10, but II the Senate r. :
Jet him the suspended officer is not res
stored. The President must nominate
smother, who NAV, to he sure, be The sus.
pended officer. But by no act OF the Sen
ate alone, or Of Congress alone, can the
suspended officer he restored. Mr.. Ell
MINDS may inquire until be is "blsck in
the face" about the good or bad conduct
nf such officer, bu, the result of the in
quiry cannot benefit he latter. To refuse
20 confirm Mr. Smsllev as Collector .,
Burlington because Mr.. Wells Who wa
suspended 10 make room for M. Small
lie, should, in the opinion OF the Sen.
ate, no, have been suspended, will be verv
illogical and will not bensA Mr Ell
mund's friend in the least. Wells is out.
and can't get in unless nominated by the
President.
"rhe third proposition is that while
removal aud suspension are in the ahso-
lutte discretion OF the Pr tsiden! ,uhjec'
only to impeachment II he is false there
in to his oath Of office |, the power Of ap-
poiniment is shared bv him with the
Senate. Mr. Smalley can't be made Col
lector OF Customs at Burlington unless
the Senate sssents and consents About
Mr. Smalley the Senate and NJ. l.
munds can inquire, and can demand OH
cial documents, bat not about Mr.
Wells.
F ON 1889 tn 1867 thus stood the
law and the practice! The commission
of each officer appointed during all those
sev'nty-eight wears, excepting Judicial
ffi,era, declared that he held Office 'du
ring The pleasure of the President of the
U#ited States for the time being II anv
officer thus commissioned bet ween 1889
and 1867 doubts the correctness Of that,
lei him read again his commission.
"But in 1857 Congress attempted 10
change all that law by law enacted
over President Johnson's veto. whereby
be was for hidden to remove, or suspend.
or put out anv officer duly appointed and
qualified unless and un'il the SeEate con.
sented. That la1 remained on the stat
ute book until Grant was iDsugurated
Then the House, being Republican re-
pealed the whole legislation OF 1867, in
order 10 make the Law and practice what
il had been from 1889 to 1857. The re.
peal went to the Senate, and over it the
Republican Senate divided Morton led
the repealers and Eimnnds led those
who resisted appeal The end was a
compromise which Morton called a bad
photograph Of dead body 1t is the
law oil 1859 with which Mr.. Elmunds is
worrying President Cleveland because be
suspended Wells from the Office o. COL
.ector q, Burlington. Precisely what the
compromise Of 1869 was, and what the
existing law is, The President has cor
rectly declared. That legislation is plain
ly and clearly unconstitutional, and o
Democratic House sh ,uld send arepeal
Of It to the Senate. @4
under IL the p. esident cannot, II th,
Senate be in session, remove Attorney
General Garland or any head OF De-
partment unless the Senate says yes
When the Senate has adjourned the Pies
ident can suspend, and so get rid of an,
executive officer. The country does not
generally spprecia,e theiaw In Il at aense
But 80 it rs. Why does not Democratic
House move for repesl2'