Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1886-03-11

while, therefore. am coustraincd 20 deny
thc rish,s OF the senate 10 papers and doCu.
mcnts dcscrihs Il. 30 tar Rs the right to tho
SAME Is based upon the ella m that they are in
any view Of ihc subject oMciai. am also led
ssnSq,s, snsquNSS1iN % %, 20 dispute me tiEh, Of the
ever. or ia any way save through the judicial
progress OF trial or Impeachment, to review
or reverse the act of The Executive Ia thc
suspension during the recess OF the senate Of
foicrul officials believe tho power 20 ~.
move or suspend such officials n vested Ia
inc President alone 10y the Constitution.
which, Ia express terms provides that tho
executive power shall hc vested in Prcsi.
WNut ~ the United states ut America, nud
that "hc shall take cnro that the laws hc
faithfully executed"
The senate belongs Go the legislative branch
% the Government when the Constitution.
Ny express provision. supcraddcd 60 ~ icri-
lative duties the right toadyisc and copsont TO
appointments tp office and Co Nt as a Court OF
impeachment, u conferred upon that hudy
OH the control aud regulation OF executive
nouon supposed 60 be- ncccssnr, forthc sRfcty
of the people and this trNprcss nnd spus,iai
grant ot such extraordinary powers, not la
any way related 20 or growing ont 90 general
trom the general plan OF our Government
should be held under n familiar maxim Of
cnn'truction To- excl de every other right of
mtyriercnce With Executive functions.
IN the nrst Congrcsr which AS mblot rftcr
me adoption ot the Constitution, compri sing
lauvc construction was given 10 that in.tru-
meut ia which the Independence of the ENoc.
was fully sustained. think ia viii h" found
IN tho subsequent discus -ions OF thfF Qucs.
TON there was generally, u not & nll tinos, "a
this power oi tho President by lcg Station
which furnishes evidence that To- limit such
power u was supposed to hc necessary 20
tion ~
The nr-t enactment OF this description was
passed undcr stress OF partfsRnthip and
political bitterness which cuImlnntcd ~ the
President Impeachment 1his law prov idCd
thpt the federal uniccrs to which ltupplicd
nupU a. llf
the senate, when shown by evidence tutls.
factory to tho President TO be guilty OF mis-.
sohduct ia ONCE, or crime, or when incnpa.
bic or disqualified 20 perform their duties,
an that Within twenty DAYS Of the noxt
OF the PresIdSnt "a" Snnpa S"'. ~ p' ~ she 1n,y
snch suspension, with the evidence aud
n,.o. rcnson for his action IN ,he onse." This
EWrtc, passed In 1857, when Congress
was overwhelmingly and bitterly on
posed politically to the President.
may bc regarded "a nu Indication
that cvcn.then ~ was thought necessary by
afnnErr-e dctcrmincd upon the sublugnflon
oi Ne Executive 10 legislative viii 90 furnish
ltsclt law for that purpose Instead ~ nt.
tcmpiiny to rrnch tho object INTENDED hy an
nv o,"ilon OF any pretended constitutional
Tho law which Thus found ~ way 10 our
sta niuic book was plain ln ~ tcrIns aud lta
lntcnl needed no avownl. II valid and now
senate nui command the obodionoa OF the
Executive 20 it, demands. 70 may. however.
hc fCuHrkcd q passing. that under this law
to thu body which assumed 10 review hiS os,',
SuLVc acts niH reasons there or. instead OF
nt4h@ cAciulei FROM explanation or Judged
BY pnpurs found Ia the department
Two years after tho law of isgs WIS passed..
augurstlon OF a PrS-'feut In poi,tIoai accord
with both branches OF Congress, the section :
a. thS aI, ,, tSsuat.ns ,,uspans,ons fron Office
repealed. and in their place wcr0 -ubrtitufod
provisions which, instead OF liuiting Tho
causes ~ suspension 10 misconduct, Crlfno.
disability or disqualification, a. presely. per,
mitted such suspension ~ tho President in
his discretion" md completely aha ndonesi
the rcqulrcmcnt obiiging him 20 report 10 the
senate the evidence sni reasons for his
Will these notifications. aud with all
br inches 81 the Govornment fn political liar.
mouy. and In tue absence OF partisan incop-
tive tO cnptiOus obstruction. the law ua lt Waa
loit ~ the appointment OF 1859 was much less
destructive Of executive discretion And set
the great general and patriotic citizen who,
on the an day OF March, irig, assumed the
duties Of Chlof Executive nud for whose
froer admlnistration ~ hls high Office the
most bgicful rostnlntg ~ thc law OF ifsI wero.
on the 9Th day Of April lsGp. removed mind.
ful of bis obligation 10 defend and protect
cNer} prcrogatlve 81 NE grpat trust and Rp-
prcheuslrc of the injury threatened the pub.
lio service ia the continued operation OF th ESQ
Etatutrs, even ln their modified form in bis
hfHt message 20 Congress advised their re-
peal and set forth their unc Institutional
character anf hurtful tendency. l an unabls
20 state whether or not tbs accommodation
for repeal Of these laws has since been 20
peaicd. 81 SO has not. the reason can probably
! 20 iplnl ~ thg experience which demon
/ Itcal situation but rarely developed then
vicious character.
} Ana go h happens that after an eristenos
/ of nearly tHcnty years ~ almost inuocuous
desurfudc, tbesc laws are brought forth. 80
/ parcuty the pcniod ~ well ~ i4c unre
pcalcd, nnd pat iu tho way of an Executive
/ who Is willing. " permitted. - attempt al
I improvement lft the methods of adfnlnlstra
! ticn. Ibc nstituiiQnality Of these laws ID
I ~ 20 inehns himittfd. But why should the
| provisions " tho repealed law. which fe
I qulrct specific cause for suspension aud d
report 10 ihr Senate Of fttsgldcucc aud gea
sons De now. iu eject, applied 10 the pres
/ ent Ksecutve instead Of toe law. aftrfsart
pafscd and uurcpeainf which distinctly per
'nits suspcnsigns by the President "in bic DIS
erection. ana carefully omifs tho require
mont tAAt "etidfurr aud reasons for hii
I seton IN The cese' shall Do reported 20 th,
1ho requests and demands which ~ M,
score .hhfr Tor ncnrly three months heof
presented io the dlgercnf dcpHftn- ufs ol
I the Government. what ever mas b. thefi
form. have but Que complexion. They o.
discretion ard Executive functlon. fOr which
I am sg.leIy responsible 90 The people from
4 irust - Ohcc. " oath 90 support aud de
ioud The Constitution. ny dufy - the poopif
I ~ 49, ~ - W. wv
them tud my duty 10 fnf chief tfagiaffans
F Wh.cl must pfoserte urlmpaIrgd to al if'
I comps With these demands.
10th eud fhat fhc serYicc may b. im
proved fnc SDHHfe is invited fo fho fifiosf
Ffruf'uy ~ tlo persons submitted - Them
fpr pubic oihrr, in recognition of the con
HIi-4IDuI' Unrrr M fHH. body 20 anuIar aua
consent to fbnir appointment J uiil continue
al. I have fnuf ftr. f0He. tp fuf fufsh. Hf fhn ~
quest ~ iho confirming body. all tne lnfDrmn
NDn ~ tf touching ths hfufsf ~ fhf
ngmlucrf placed before fhnm f0r fholrfcfI Toni
nofn WHOM .hrg 1fn ur1uNsc cd f0 nI yucaucIe.
arn Mkf iHe place of aUHpeulf1 officials
poo refusal fO confirm shall NOT aa.
sumo tnc HElf ~ ask fnc reasons TOR fhf
action nf fle rcuHfe uur question Ns be-
trru.uHf ctu not think fHsf sfrFfhl1a
more e required ~ secure worthy lnrum'
renNent H'.chalFe of our respective dutr.
HIfa.u ileir ecI defined lmlta Though fhl
rroprety &c ausDfus.ons might D. better NJ
sIrfl ~ ihn action Of fhe President was sub
ffct ~ rrt.rr NY GOO senate. yrf lf fnf CON.
HtifiHnu tuI Tho I1a4 HnFr U.arrl flIa fn
spousI.ity ~ upDn fle Executive nrfnch 0f fnf
. Cove. umrIf should nDf ha Divided uor tHo
Hi. rH91 h.c1 t 'nrnItta retrqu shfdf
pr .H- 0.fn f.l.N.fn frHf fun urr.rnf iaf-
flf'fn. HHt.rr prNrDf hilasei fllf ~ remove
nN nf.It ipr c.l-e. 700 fFrt OFT fHfif
snfu. nH implies SUCH n'are duct ln flr
nHrf H| rHa pended oIe.s a. If InIurrs h..
rNHrunlr rf nnH f.puIaf .Un. slH fHnrrfDrH fnn
te f1nHIl fcf'eH flc rfsr f9r h's t.Hlf
rrflln.
thflo ad thsf eeriau ofeiais should
N.I uy nriuior. Dol removed during fnc
Hplplufei sIl.'g f1r fhe purpose 81 puffIuf
in tHDir rfeN fuU.o In ppIfeal amIsf ou
s'fl fIe lFunIutiur power. rr1 lHc drrfHfa-
ffNI WOO ur4IHfn.F followed nE lnarrIr.-
foruI D.r uIr.nu. nIr which ought NOR
io rni tno-e whom h Was exhibited to