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


,ei ting t, the hohv which assumed to
revisw his execrivs acts his reasons
therefore, instead {, f heing excluded from
exclamation or ju iged by papers found
10 departments.
MODIFICATION.
Two years t'r the laws Of 1867 was
passed, and within less han FIVE weeks
after the Inauguration of the President
In political accord with both brar ches
Of Congress, set tions OF the act regula
ting suspensions from office during the
recess tf the Senate were entirely re.
pealed and IN their place were substit ,ted
provisions. which instead { imiting the
causes of suspension to miscouduc,
crime, disability or disqualification, ex
pres ly PERM ted such suspension by
the president "in bis discreet IN" and
abandoned the requirements
ohligine him to report to the Senate
: The evidence ani reasons" for his &C
ton.
ATTEMPTED RFPEAL.
WITH these notifications and with all
branches OF government iD po itica har.
mony, and in the absence ot partisan
incentive to captious obstruction OF the
law as it was left by amendment in 1868
wss much less destructive OF executive
discretion and yet the great general and
patriotic citizens who on the 4th day oi
March. 1859. assumed the duties oi
Chief Executive, and for whose free ad
mini"ration Of his high office the mns'
hattf.l restraints OF the law of 1867
were on the 5tr day of April, 1869, re.
moved, mindful Of his Obligation 10 de.
'end and pr tett every prerosative OF
his great trust, and apprehensive of in
jury threatened public service in con.
'inuei operation Of t,ese st tles, even
in their modified form, in bis first mes.
8 .ee to C,ngress advised their repesl
and set 'rth their uncons titlsional char.
acter and huitfnl tendency. / an un.
able t. state whether or net this recon.
mendaiion for the repeal Of these laws
has been since repeated II it has mol
the reason can probably he found in ex
perience which demonstrated the fss
that the necessities of the poliiic.l 81 q.
alton hut rarely developed their vicious
character. And so happens that after
an exist'nce of .arlv twenty years o.
almost innocuous desuelude these law,
are brought forth apparently the repeal
el as we'll as the unrepealed and put il
TIE wav OF an executive who il willing
| peimi tad, to at 'mpt an improvement :
in the methods of administ a ion. Ths
c,n.ttutionality Of these laws il by nc
means sdmi,t,d I'd. But why should the
provisions Of the repealed law, which
required specific cause for suspension
and a report to the Senate of "evidenct
and reasons" be now in effect applied to
the present executive instead of the Law
a terward passed and unreportei anG
which distinctly permits suspension b.
the President "in bis discreet N" and
carefully omils the requirement "thsi
evidence AMI reasons FIR his action in
the case" shall be reported to the Sen
ate2
TEE DEMANDS REFUSED.
The qies's and demands which by
some have for nearly three months heer
presented to diff rent depart nen's o.: the
government whatever may he their foru
lave hut one complexion. They as
sumo the right of the Senate to sit il
judgment upon the exercise OF nv ex.
elusive discretion and ex ,cusive function
or which ! am solely responsible to the
people from whom | have so istely re.
ceived the sacred trust of office. Nv
o t. t, support and defend the Cons,i
tuition, my duty to the people who have
chosen me e. exocrt the powers OF theIl
great Office and not to relinq1ish them
and nv duty to the Chief Magistracv
which I must preserve unimpaired in al
it dignity and vIeor, compel me to re-
fuse t, comply with thes, demands.
A JUST PROPOSAL.
To the end that the service may bt
improved, the Senate is invited t. scru
tin,ze closely The character OF person!
S ,hmi ted t, them for public office il
recognition of the Institutional powel
of that body 10 advice and consent tc
their appoilt uent. / shall continue a.
have thus far done t, furnish at th,
rsqrest Of the confirming body all infor
nation possess touching tie fitness o
nominees placed before them for thei
action, both when thev are t, fill vacan
cies and to take the place Of Suspended
officials. Upon re usal to confirm
shall not assume the right t. ask the rea
SONS for the &C i'm OF the Senate mol
q,est: IN its determination.
! cannot think ,hst anything more /,
required to secure worthy Incumbent
IN public Office tlan careful and indie
pendent discharge of our respective du
ties. Though the propriety of suspen
sions mig he hetter assured if the &C
ton of the President was subject to re
view tvt Senate, yet il the Com titu
ton and the laws have placed tiis re
sponsihiity upon the Ex cltve brancl
OF the governments. it should net be di
vided nor the discretion which il involves
reliI qaished.
TaE PRE- IDENr's POTION.
It has teen claimed t,st the presen
executive, having pledged itself net t.
remove official. except for cause, ia
tact OF their susper sion implies sucl
misconduct on the part of suspended
otflci1l as t, injdre bis character, ant
therefore The Senat should review tn
case for his "vindicsii IN.
have said ,st ce,t ,in officials shoult
not, in my opinion. he removed duriu.
the continuance OF the term for wbicl
they we're appointed solely for the pur
pose OF pntting in their places those il
political affiliaiion with the appointn,
power, and this declaration was imme Ii
a'eiy followe nv q desc iption Of oiIicia
partisansbip which ought MT to enlitl
those in whom il was exhibited to con
sideration. 1t is net apparent how 81
adherence to the course thus announces
carries with it the conseq ,euces des
cribel. II many degree the suggestion
is worthy Of consideration, 1t is to b.
hoped that there may be defens
agsinst unjls suspension 10 justice o
the Executive.
PLEDGES FAITHFULLY REDEEMED.
Everv pledge which have made, b,