Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-11
OTHER MESSAGES.

messages OF President Andrew Jackson,
dated Dec. -, 1888. and Jan. l3 1885, as
serting the coordinate power OF the Pres
idential office. Mr.. Pugh then inquired
wnat was the explanation of the opinions
or the Senator from Vermontp Where
would the foundations of those opin-
ions be fOund-the opinions expressed
in his very remarkable speech OF
Yesterday. The foundation OF that 0ptn-
ion was that this power of removal was
not vested in the President by the consti-
tuition, either expressly or by implication,
but that IL was legislative power vested
alone In Congress, and that the President
had no power either of removal or sus-
pension, except such as he derived from
an act of Congress. That was the precise
issue made in the first Congress under
the constitution in SO.
CLAY AND CALHOUN.
That was the precise issue made by
Clay and Calhoun in the contest with
Andrew Jackson in 1885. II this power
OF removal WAS creature Of the law, and
there was no power to make law except
the two houses, then we could find the
predicaLe or statement of the Senator
from Vermont that either house OF Con-
gress could call for papers. Under that
view OF the cOnstitutiOn-under that view
OF the power of rem0val-the Senator
from Vermont was fully justified in stat
ing that either house, by virtue Of the
power it possessed over this matter of re-
moval, had the right to call for this in
formation.
EDMUNDs' RECORD.
Mr.. Pugh read from speeches of Mr..
Edmunds during the debate on the tenure
OF office Dill, to show that Mr.. Edmunds
then maintained that removal was leg
iaIQfivn teTn dDhafo - Mr. PnUh
continued, "there was no doubt the be-
ginning of this view entertained by the
Senator to-day. He (Mr. Pugh) had no
doubt that it WAS the legal opinion OF that
distinguished lawyer( Mr.. Edmunds that
under the Iaw-making power Of Congress
this power of removal could be vested in
the House of Representatives alone, or
the Senate alone. or in the Speaker OF the
House, or the President of the Senate
alone, or that it could be vested in the
two houses jointly-tbat it was pure
creature of the law and under the abso-
Lutte control of Congress-"
READING GREAT SPEECHES.
Mr.. Pugh read from the speeches Of
Messrs. Calhoun and Clay TO show that
the views entertained by those public
men supported the view of Mr.. Edmunds
that removal was a legislative function
and under the control of Congress. He
bad Senator Walthall read for him from
the speech Of Senator Sprague In the SEN
ate in the debate on the tenure Of office
biIl-a careful statement of the question
here involved, Mr.. Pugh said-whlch
statement was known to have been writ
ten by Chief Justice Chase-expressing
on the contrary the conviction that the
only function Of the Senate in the cases
involved in he discussion was merely one
OF assent or dissent, and strongly cOntrO-
verting the point that the function of re-
mOYal was legislative one.
AREPLY CHALLENGED.
He (Mr. Pugh) boldly challenged a re-
ply TO that paper, as direct authority to
support the view of Mr.. Madison and the
view that was understood to be that of
Chief Justice Chase, Just read. Mr.. Pugh
read from the report Oftbe minority and the
opinion of the Supreme Court delivered by
Justice Miller in the case Of Kiloburn
az ainsi Thompson. There was, he said,
in that opinion recognition of the
proposition that when one CO.
ordinate department, intrusted with
special powers, called upon another CO.
ordinate branch for Information in rela-
tiOn to the exercise of jurisdiction or
powers belonging exclusively to that
other departmental was the duty Of the
first TO inform the other of the use intended
to be made OF the inform alton, so that it
might appear to the department having
il in possession whether lt was Its duty to
transmit the information in order to pro-
mote the exercise of the constitutional
function of the government.
JUST FITS THE PRESENT CASE.
That was precisely the question in
volved in this case. Now, be continued,
let 1t be true that this was not the sub
-. H4wra.. e.a -
constitution in the President alone, let it
be true tAat, like the power Of appoint
ment, the senate shared with the Presi-
dent the power Of removal.
Let 1t be true that the power OF removal
was legislative power, and not an
executive power, and that the entire
regulation OF It belonged alone 10 Con-
gress under the constitution. Let all that
he true, and he would now call the atten-
tion of the Senate to the expediency ana
practicability Of such power being ex-
ercised by the Senate.
TIE MINORITY REPORT.
He read from the report OF the minority
as bearing upon the point portion OF an
extract from the message Of President
Grant in 1869, calling attention TO the EN-
barrassments likely TO arise from leaving
on the statute books the tenure-of-ofice
act, and asking what faith the President
could put in subOrdinates forced upon
him, and how such officials would be
likely 10 serve an administration,
knowing that il had no faith In him. The
information sought of the Attorney GEN
eral by the resolution OF the Senate he
said, was 10 enable it-sO said the majoTl.
ty repOrt-tO decide whether they would
advise and consent to the removal OF these
suspended officers 50 that II they did not
advise and consent 20 the suspension or
removal these officers might by the opera
ton Of the tenure OF Office act 20 back into
their Offices when the,Senate should a0-
journ.
WHAT 1T AMOUNTS TO.
What was that but exercising the pow
er by the Senate of selecting agents for
the President 10 exercise his c1nstitu-
tiOnal dutyy What was IL but compelling
him 10 take into his trust and confidence
a man whom he had suspended from Of
flee? Mr.. Pugh further read from the re-
port OF the minority, and from the jour-
mails Of Congress extracts from speeches
Of Senators Morton and Sherman upon the
proposed repeal OF the tenure OF office act,
and from those OF Calhoun aud Clay upon
the powers Of the Senate In the matter Of
removals.
MR.. PUGH's OBJECT.
In conclusion Mr.. Pugh said his object
had been 10 define the character OF this
conflict OF authority between the Presi-
dent and Senate, and TO fortlfy the view