The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1886-03-09

purposes of the Senst. as they are dav
nv dav developed, such as would be sst
istied /, nv selection Am tp sub.
mi to theirs ct tie risk OF being charged
.ilh making suspension from Office
upon evidence which was not even con.
sideredp Are these papers to he regard.
ed official because they have not only
been presented hut preserved in The pub.
lie otfices2 Their nature and character
remains the same whether they are KEEP
l.. tie Executive mansion or deposited
q the depa ncLt'. There is no mys.
terious power OF t'ansmu'ation in de.
a nei til custody, or is there magic lr
he unde6ned and sacred solemni,y ot
iepsrimei fiies. II the presence oi
these papers in the public offices is 6
tlmhling block 10 wav Of the peri ,rm,
,nce of Senatorial DIT . it can be essil.
removed. The papers and document:
which have been described derive no If
fetal character from any constitutions
statutory or other reg lirem, mt making
them necessary 10 the performance o
fti i,l duty Of the Execu i've.
F.lTaLEss RFfUB IcANs.
It will not be denied, suppose, tha,
'he Presi lent NAV suspend public Of.
ficer in the en- ire absence of q papers
document to and his tfflcial jadgmen,
and Iii cretion. and / am q 'i,e prepared
to avow that the cass are not few iu
which suspensions ON ofIlce have de.
pended more upon oral represef ti'ions
made to me by ctiz ms Cf known good
rep t. and by members oi the House a
R presentitiyes and tie Senators OF the
U it d States than upon any letters and
documents presented ior my exsmina.
ton. have not iel, just q ID in suspect
ng the veracitv. II gritty and pairiotism
of Senst)rs or ignoring their representa-
lions because they we're not in pa ty sf
tiliation with the msjority of their assn.
ciates. and recall few suspensions
which besr the approval OF individual
members ider ied poll ically WITH the
majority in the Senate.
The fhESlDFNTs fOWkh
While therefore / am constrained E.
deny the right Ut The Senate to papers and
documents described so FIR as right t.
the same /, based upon the claim thai
there are Id anv view If the sutject of
ticial ! am also lei un' qnivocally tC
dispute the risl of the Senate by aid o
any documents what yer. or in any way
save through the judicial progress o.
trial or impeachment t, review or re-
verse the act the executive, in suspen
sion during recess Of the Senate OF Fed
eral officials believe the po 1er t re.
mpve or suspend such Off i.!s is vested
in the president alone by the constitution
which in express terms provides tna
"tbe ex curve power shall he vested il
President OF the United States o.
America" and that he shall take car.
that the laws be faithfully execut,i."
THE sENArE's POWER.
The Senate belongs to the Legislative
branch Of the G. vernment. When The
cons ttutian by express provision Gu
peradded t, its legislative du'ias tn,
'istt TO advise and consent 10 appoint
mer t to oiil ,e and to g { as a c,uit o
impeachment. it conferred npon the
hody all the COZ ol and regulation o
the executive acton supposed to h
necessary for safety OF tie people. anf
this express ami special grant If suct
extraordinary powers n In any wa,
related to the growing out OF genera
Senatorial duty AMI in itself q depsrtur,
from the theory Of our eovernmen
should he held under familiar ma.i
mum Of construc i'm to exclude every
other right OF Interference With execu.
tive func ions.
THE EXECUTIVE INDEPEEDENr.
In the first Congress witch assembled
after the loption of the constitution
comprising many who aided in its prepa
ration, q legislative construct on wa,
given to that instrument in which the in
dependence f the Execu i've in the mat
ter Of removals from Office was fully
sustained.
| think it will he faunda that in tn,
subsequent di cussions OF the question
there was generally. il notsat all times
a proposition pending to in some wa,
curtail this power of the President by
legislation, which furnishes eviienc,
that to limit such power It was supposed
to be necessary to supplement the Con
stitution by ich legislation.
A PARTISAN LAW.
The first ena, tpent cf this description
was passed under o stress OF partisan
ship and political hi tIness which cuI
minated in the Presidents impeach ment
THIS Law provided that the federal Of
fcers to which il applied could only b,
suspended during the recess of the Sen
st, when shown by evi lenre satisfac
tory to the President to be guilty o
! mi misconduct in offi:e or when incapahl.
or disqualified TO perform their duties
and tlst within twenty davs sft,r neA
meeting of Senate 1t should he the dot,
OF the President +, report to the Senat,
such suspension tn the evidence anf
reasons for his action in the case. Tni
statute passed in 1857. when Congress,
was overwhelmingly and bitts:ly op
pos d polit cally to the President may
he regarded as an indication that ever
then it was thought necessary by Con
gress determined upon suhjngat on o.
the Executive t9tie legislative will t
furnish itself a law for that purpose, in
stead OF attempting tosreach the ohjec
int 'nded by an invocation of any pre-.
tended constitutional right.
The law which thus found it, way T.
our statute hook was plain in it, terms
and iis intent needed no avowsl. il
valid and now in operation 1t would jos.
tify the present course Of the Senate snd
command obedience of The Executive to
is demands. 1t may. however, he re
marked in passing th-t under this la-