The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-03-04

court of impeachment il conferred unon that
body all the control and regulation of executive
action supposed TO ne necessary for the safety of
the people, and this express special grant of
such extraordinary powers not in any wav related
or growing out of general senatorial duty and in
itself departure from the general plan of the
government should be held under a familiar max
i'm of construction to exclude every other right of
interference with executive functions. In the
FIRST congress, which assembled after the adoption
OF the constitution, comprising many who aided in
its preparation, a legislative construction was
given to that instrument in which the independ-
ence OF the executive in the matter of removals
from Office was fully sustained. think it will he
found that in subsequent discussions of this ques
ton there was generally, if not at all times, a
proposition pending to in some way curtail the
power OF the president by Limitation, which fur fur
nlshes evidence of what the lin
its of the power was supposed to be-
1t is necessary to supplement the constitution by
such limitation. The first enactment of this de-
scription was passed under the stress of partisan
ship and political bitterness which eliminated in
the presidents impeachment. This law provided
that federal officers to which it applied could only
be suspended during recess of the senate, when
shown by evidence satisfactory to the president to
be guilty of misconduct in office, or crime, or when
incapable, or when disqualified to perform their
duties and that within twenty days after next
meeting of the senate, it should be the duty of the
president ITO report to the senate such suspension
with evidence and reasons for his action in the
case;' this statute passed in 1867, when congress
was overwhelmingly y and bitterly opposed, politi-
Cdlly W Tue pTesluenl may DE regarded as an lndl
cation that even then 1t was thought necessary by
congress determined upon the subjugation of
the executive to the Legislative, will furnish itself
law Tor that purpose, instead of attempting to
reach the object intended by an invocation
OF any pretended constitutional right.
The law which thus found its way to our statute
book, was plain in its terms, and its intent needed
no ayowal that it is valid, and if now in opera
tlon, 1t would justify the present course of the
senate, and command the obedience of the execu-
tive to its demands. 1t may, however, be ari
ed in passing, that under the law the president
has the privilege of presenting to the body which
assumed to review his executive acts, his reasons
Therefore, instead of being excluded from eXpla
nation, or judged by papers found in the depart
ments, two years after the law of 1867 was passed.
and within less than five weeks after the inaugura
tion of president in political accord with both
branches of congress- the sections for the act of
regulation of suspension from office, during recess
of senate, were entirely repealed, and in their
places were substituted provisions, which, instead
of limiting the causes of suspension to miscon-
duct, crime, disability or disqualification express
ly permitted such suspensions by the president in
MS discretion, and completely abandoned the re-
9uirements oblging him to report to the senate
the evidence or reason ''for his actions with
these notifications and with all branches of gov
ernment, in political harmony and in the absence
of partisan incentive fer captious obstruction of
the law as it was left by the amendment OF 1869
was much less destructive of executive discreston,
and yet the great general and patriotic citizen,
who, on March 4, 1862 assumed the duties of
tiOn of his high office the most hateful restraints
of the law of 1867 were on April 5, 1869,
removed Mindful of his obligation to defend and
protect every prerogative of his great trust, and
apprehensive of the injury threatened the public
service in the continued operation of these statutes
even in their manifold form, in his first message to
congress advised their repeal and set forth their
unconstitutional character and hurtful tendency
l am unable to state whether nor o. tl,s recon-
mendaton for the repeal of these laws has resulted
in their being repealed. If it has not, the reason
can probably be found in the experience which de-
monstrated the fact that the necessities of
political situation but rarely developed their
vicious character, and so it happens
that after an existence of nearly twenty years of
almost innocuous decrepitude, these laws are
brought forth, apparently the repealed az well
as the unrepealed, and put in the way of an
executive who is willing, If permitted to attempt
an improvement in the methods of administration
The constitutonality of these laws is by no means
admitted, but why should the provisions of the re
peaed law, which required the specific course fol
suspension and report to the senate "of evidence
and reasons be now in eff ct, applied TO the pre-
| sent executive instead of the law afterwards
passed and unrepeaed which distinctly permits
| suspension by the president sin his discretion,
and carefully omits the requirement that evidence
and reasons for his actions in the cases "shall be
reported to the senate" The requests and de
mands, which, by the score have, for nearly three
months, been presented to the different depart
ments of the government, whatever may be their
form, have but one complexion; they assume the
right of the senate to sit in judgment upon the ex
ercise of my exclusive discretion and executive
function, for which | am solely responsible
to the, people from, whom | have so lately
received the sacred trust of office. My
my duty to the people who have chosen
m, to execute the powers of this great
office, and no case to relinquish them
and my duty to the chief magstracy, which
must preserve unimpaired in all its dsgnity and
vlgor, compel me to refuse to comply with theil
demands, to the end that the senate may be i'm
proved. The senate is invited to the fullest exam
| inatiOn of persons submitted to them for public
office, in recognition of the constitutional power
of that body to advise and consent to their ap
pointment. shall continue, as | have thus fa
done, to furnish at the request Of that body al
information possess touching the fitness of tn,
nominee placed before them for action, when they
are proposed to fill the vacancies and take tn,
place of suspended officers. Upon refusal to con
firm shall not assume the right to ask reasons TO
the action of the senate. | cannot think anything
more is required to secure worthy incumbents ii
office than careful discharge of our duties
within their well defined limits, though
| the proprlety OF suspensions might be better as
sured if the action of the president was subject t.
review by the senate. If the constitution and law
have placed this responsibility upon the executive
branch or the government, it should not be di
| vided nor the discretion which it involves b.
| relinqushed
When the presidents message ad been read
| Edmnnds said it reminedd him of the communi
cation of King Charles |. to his parliament, anC
doubt, entirely msstated the question involved
between himself and the senate.
Harris remark ID that for reasons to which he
might not refer here, he had no desire to discuss
| the matter involved, and moved that the message
be printed and lie on the table, as is the usua
course, he said. After little sparring between
Edmunds and Harris, as to the disposition of the
message motion of Edmunds was agreed to, re
ferrng it to the judiciary committee, and ordering
| 1t to be printed,
| Amoug the petitions presented in the senate to
day was one by Mr.. Hoar, from the working men
| employed in the government workshops since the
eighthour law was passed, praying compensation
for overtime or reference of their claims to some
trb unal that may adjudicate the question, if they
ought to have such compensation.
Mr.. Hoar said he favored the request of the peti
tioders. He believed the object of the eight-houl
law to test the soundness of the economy of the
was affirmed by lhe wOrkingmen of this country, as
| well as by many writers political economy
| The individual workingman will be larger pro
| ducer when working only eight hours day thar
when working more. The increased vigor, yea
and intelligence of men morking under such sys
| TEN would, Mr.. Hoar believed, make them bettel
| producers and more valuable citizens. The peti
ton was appropriately referred.
Mr.. Van Wyck, from the committee on pensions
reported with amendment, honse bill to increase
the pensions of widows and dependent relatives O.
deceased soldiers and sailors. The amendmen
provides for an increase of pension to mino
children, from 81 month, the amount fixed by thu
house, to 81 month. Mr.. Van Wyck says ht
would ask early consideration, and ask the senat
to increase minor children's pension to S5 pc
month instead Of 81. as recommended by the com
mittee He would also ask that same for insan
and helpless children beyond IL years of age, 81
| long as disability or INSANITY should continue.
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