Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-02-26


partmcnt or even in the possession Of the
president himself
"Thc president has not undertaken to re
move the incumbent of the office, but has
only in expressed and stated pursuance of
the statutes on the subject suspended
that officer, and that the same statutes
expressly provide that such officer shall
not be removed without the advice and
consent of the senate, and that, If that
advice aud consent he not given, the i'll
cumbent would unless his regular term
of Office should have previously eXpredJ
at the close of this session of the Senate,
be restored to the lawful right to exercise
its duties.
"rhe Senate. then, by this nomination
is asked to advise and consent to the re-
mOval of the incumbent and to the ap-
pointment of the candidate proposed tor
his place. In exercising its duty in res
pect of these questions, it is plain that the
conduct and the management of the in
CumDent is Il matter absolutely essential
TO he known TO the senate, in order that
it may determine whether it can rightly
advise his removal or rightly leave him
to resume the functions of his Office at the
end of its session, as well as whether the
candidate proposed has, i'll the exercise
of the Office under his resignation, SO con-
Quoted himself AS to show that he is com
petent and faithful.
at appears from the table herewith
submitted that out of about 14s5 nomina-
tions sent to the Senate during the first
thirty days of this SeSsiOn-that is from the
first Monday in December, 1855. to Janu-
AIRY 5, lSS6-643 were nominations of per-
sons proposed to be appointed in the
place of officers suspended and pro-
posed to be removed (and of whom
| it is known that some are sol
diers) and in respect of whom the
action OF the Senate ia advising and
consenting to the proposed appointment
would effect Il removal, and in respect of
whom the failure of the Senate to advise
and consent to such removals and ap.
| pOintmCuts, the effect would be to restore
/ them to the possession of their offices at
/ the tud of the session Is it not desirable
and necessary to the proper performance
of It's duties and in every aspect OF Il pub
lie interest that the simple facts in regard
to what the conduct of these Off
cials as well as in regard to
what the conduct of the persons desig-
mated to perform their duties has been,
should be made known to the Senate ]?
/ Have these suspended officials, or any
considerable number of them, been guilty
OF misconduct in office or of any personal
conduct making them unworthy to be
longer trusted with the performance OF
duties imposed upon them by law? If
they have, it would seem to be clear that
every consideration of public interest and
of public duty would require that the facts
should be known, in order that the Senate
may understandings and promptly adj
wise their removal, and that the most care
full scrutiny should he had in respect of Sc
Letting Their SUCCESSORS, as well a. in re
spect OF providing better means and safe
guards by legislation Tor administering
the laws of the United States.
such information, 1t would seem, the
executive il determined the Senate shall
not possess, for the alleged reason that it
might enable the Senate to understand
what circumstances connected with the
faithful execution of the laws induced he
president to exercise the discretion the
statute cOnfers upon him To suspend them,
and ask the Senate to unite with him i'll
their removal from Office. y similar re
suit would follow in respect of the knOWl-
edge of any and every step III the tranSac.
tons of the government. For instance,
the president, ITS cOmmauderin- chief Of
the army, has as large discretion as he has
in the suspension of civil officers but on
the theory suggested by the attorneygen-
eral, both the president ami the secretary
of war would be justified in refusing to
either House OF Congress copies OF papers
and documents relating to the admins
tration of the department OF war and the
disposition OF the troops, etc, Tor he rea-
son that the facts being disclosed the two
Houses of Congress might be enabled to
comprehend the reasons and motives
actuutins the executive in his conduct
as commander-inchief Reduced to
its simplest form the proposition
would be that neither the president nor
the head of the department Is bound to
communicate any official paper to either
| House of Congress, which might draw
into question in the minds of its members
or OF the people the wisdom or fairness of
| his acts. But the committee is of the
opinion that in matters of this nature the
| Senate has little concern with the reasons
or motives, either of the heads of the de
e l,... 1.tlt
/ large concern that its own reasons and
/ grounds of action should rest upon and
/ be drawn from the solid truth. The sen
ate if it does its duty and preserves the in
/ dependence that belongs to it must act
upon its own reasons and Judgment, and
not upon those of the president, however
valuable they may be. II the truth re
/ gardiug the conduct of these officials and
/ designated persons were known, the qteS-
ton of the Senate would be, not what
were the reasons or motives OF the eNecU-
tive, but whether the facts themselves as
they took place would furnish it with SUIT
ticient reason for giving or withholding
its advice and consent to the proposed
changes.
The report proceeds then ut some length
| to consider the hearing of the case upon
/ the subject of civil service reform 1t de
clares that that reform came none to soon
! to check the mania for Ot1icehOldlng and
the decentralization resulting theretrom
/ The civil service law does not prevent the
discharge of the INDECENT or Incompetent
clerk, but it does prevent supplying his
place with the unit party worker. In
both these phases is seen benefit to the
public service. And the people who de
sire good government, having secured this
statute will not relinquish its benefits
without protests. Nor are they unmlnd-
! ful of the fact that its full advantages can
only be gained through the complete good
faith of those having its execution in
charge. And this they will insist upon.
In view of CAB suspensions we think that
the common sense of justice and fair play
that is so much priced, as we believe, by
the people of the United States, would re
quire that in some way this large body of
men should have an opportunity to know
the substance of their alleged misdongs,
in order that they may either admit their
guilt, or, denying it, explain their con
duct or show that the accusations against
them were selfish and wicked preteXts,
set up for the more purpose of obtaining
their suspension and ultimate dismissal
from Office in order that others less capable
an NV m Jb "A va ha hpt