The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-02-17
PRESIDENT And SENATE.
The Contest Over the Question
of Removals from Office.
Resolutions Offered in Open Senate
Session on Both Sides.

Another step toward a public discussion OF
the controversy between the President and
the Senate as to the respective rights OF the
executive and legislative branches of the
government in the matter of suspensions and
removals of Federal officers was taken on the
ed, when Senator Riddleberger intro
duced the following resolution in the Senate:
Resolred, That it is the sense of the Senate
that the Executive of the United States is
not restricted by constitutional law in re-,
moving or suspending appointees; that the
Senate has no right to require that reasons
shrll be given for such removals Or suspen.
sions; that it is the right of tho Senate to call
forany paper relating to the conduct OF re-
moved or suspended appointees, or to the
qualification and fitness of all persons whose
names are presented to the Senate for con.
firmation or rejection, and it is tho duty OF
the executive to comply with all demands
for the same.
Mr.. Riddeberger briefly explained that his
ohie"t in offering the resolution was to bring
about an open discussion of its subject: 1t
tld not, he said, involve the question of the
o-called high prerogatives of the Senate, and
nd nothing to do with the subject
of open or secret sessions Be-
fore Mr. Riddleberger had finished his ex-
planation Mr.. Cockrell was Oh his feet
ready to object to the present consideration
of the resolution. Mr.. Riddleberger re-
marked that he hadn't the slightest objection
nounced that he wanted to offer substitute
for the resolution but was not then ready
Later in the day Mr.. Pu ,h presented the fol-
lowing series Of resolutions, and it was
agreed that they and Mr.. Riddleberger's
proposition should be printed and laid over:
First-That the executive power is ex-
pressly vested by the constitution in the
President of the United States, so that ht
shall take care that the laws be faithfully
executed.
Second-That the power of appointment to
Federal office is an executive power, to be ex-
ercised by the President under the limitation
in the constitution that he shall nominate and
by and with the advice and consent Of the
Senate shallappoint.
Third-That the power of removal or slls-
pension from the powers and duties OF Fed
eral office is also an executive power vested
exclusively in the President without any such
limitation in the constitution as is imposed
thereby on the power of appointment and
for it's exercise he is responsible alone to the
people, and not to the Senate.
Fourth-That the right of the President to
make nominations to the Senate and of the
Senate to advise and consent thereto are each
separate and independent rights to be exer-
cised by the Presidentand Senate respectively
and separately and independently within
their absolute discretion, but in relation to
the person or persons so nominated the
Senate may request information OF the Presi-
dent affecting the character Or qualifications
of those as to whose appointment he asks the
advice and consent of the Senate.
Fifth-That when the President makes
nominations to the Senate Of persons to be
appointed by him to exercise the powers and
duties of Federal officers who have been re-
moved or suspended by him no law, public
duty, or public policy requires that be shall
send or communicate to the Senate any
cause, reason, or information within his own
knowledge or contained in any let
ters, petitions, papers, or documents ad-
dressed to him or any member of mis- cabinet,
or in the possession Of either, and relating to
containing charges, causes or reasons and the
proofs thereof for making such removals or
suspensions, and no law: public duty or pub
lie policy requires or authorizes the Senate to
cali for such information existing in any such
form from the President or any member of
his cabinet, to enable the Senate to review or
question the action Of the President in eXer-
cising his executive, discretionary, or exclu-
sive power of removing or suspending Fed
erQl OIIlCeTS lIOlll UIe pOWtlS lull VI
their offices, or to put the President on trial
by the Senate or to enforce accountability to
the Senate for anything he may have done in
the exercise of such jurisdiction.
Sixth--That to obtain information con-
sidered by either house Of Congress useful in
passing necessary and proper laws, either
house of Congress may request the President,
if not deemed by him incompatible with the
public interest, to give any information with
in his knowledge or contained in any pnb
lie document or records on file or in
the lawful custody Of any Of the
Genartnents and relating to the admnistra-
ton of any public office, or the official con-
uuct or acts affecting the Off ial conduct or
duties of any public officer; but for the Sen
ate to make such request of the President, or
to direct any member of his cabinet to trans
init to the Senate any information OF any
public documents or papers in open or execu-
tive session to enable the Senate in open or ex-
ecutive session to review the propriety or the
reason or the information upon which he
acted, or may have acted, in making removals
or suspensions, would be an attempt to obtain
such information by false pretenses and for
uses and purposes not authorized or justified
by any law or public policy of the United
States, and should the President grant such
request or require any members OF
his cabinet to obey Such di-
rection from the Senate, when deemed by
him to he made for such unjustitiable and
unlawful uses and purposes, would be to rec
ognize and encourage an improper practicc
and an iniurions in 1ovation upon his exclu.
sive and independent rights, powers ana