The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-03-02
MEMPHIS DAILY APPEAL--TUEsDAY, MARCH 2, 1886.

pose ii desired 10 take them into my
custody might do 80 with entire pro-
prietY, and II / saws fit to destroy
them no one could complain. The
papers aud documents that are now
the objects OF the Senate's request
consist Of letters aud representations
addressed TO the executive or intend
ed for his inspection; they are volun-
tarily written and presented by private
citiZ sns who are not in the least insti-
gated thereto by any official invitation
or at all subject TO official control.
While some Of than are entitled to
executive consideration, many OF
them are so irrelevant, and in the
light OF other facts, 30 worthless, that
they have no. been given the least
weight in determining the question to
which they are supposed 10 relate,
and simply because they are pre-
served, to be considered official docu-
ments and subject to the inspection Of
the Senate; If not, who Is to deter
mine which belong to this class? Are
the motives and purposes Of the SEN
ate, as they are day by day developed,
such as would be satisfied with my
selection? Am to submit to theirs
at the risk OF being charged with
making a suspension from Office upon
evidence which was not even consid-
cred? Are these papers to be regard
ed as official because they have
not only been presented but
preserved in the public offices?
Their nature and character remain
the same, whether they ere kept in
the executive mansion or deposited in
the departments. There is no mys-
terious power OF transmutation in
departmental custody. Nor is there
magic in the underlined and sacred
solemnity Of department FLEE.
II the presence OF these papers in the
public Offices is a stumbling-block in
the way OF performance of Senatorial
duty it can be easily removed. The
papers and documents which have
been described derive no official char
acter from any constitutional statutory
or other requirement making them
necessary to the performance of the
official duty OF the executive.
THE EIGHT TO SUSPEND OFFICIALS.
1t will not be denied, suppose, that
the President may suspend a public
officer in the entire absence OF any
papers or documents to aid his official
| judgment and discretion. And l am
quite prepared ID avow that the cases
are not few in which suspensions from
Office have depended more upon oral
representations ie TO me by citi-
Gems of known good repute and by
members Of the House OF Representa-
tives and Senat 1rs of the United States
than upon any letters and documents
presented for my examination. have
not felt justified in suspecting the
veracity, integrity and patriotism OF
Senators or ignor ng their representa-
tions, because they we're not in party
aflilistion with the majority of their as
social IS, and there are fe " suspensions
which bear the approval of individual
members who are identified politically
with the ma GRITTY in the Ssnats. While,
therefore, am constrained to denv
the right OF the Seua'e to papers aud
documents described, 30 far as the
right to the same is based upon the
claim that they are, in any view OF
the subject, official, / am also led
unequivocaly TO dispute the right of
the Senate, by the aid OF
any document whatever, or in
any way save through the
judicial progress of trial or impeach-
ment, to review or reverse the act of
the executive, in the supervision dur
ing the recess of the Senate of Fed
eral officials. believe the power t.
remove or suspend such officials is
vested in the President alone by the
constitution, which in express terms
provides that "the executive power
shall be vested in a President of the
United States OF America" and that
"he shall take care that the laws be
faithfully executed" The Senate be-
longs to the legislative branch of the
government. When the constitution
by express provision superadded to
its legislative duties the right to adj
wise and consent to appointments to
office, to sit as court OF impeach-
ment, 1t conferred upon that body all
the control and regulation Of execu-
tive action supposed to be necessary
for the safety OF the people, and this
express and special grant OF such eX-
traordinary powers, not in any way
related to or growing out of general
Ssnat )rial duty, aud in itself de-
parture from the general plan of our
government, should be held, under
familiar maxim of the constitution, to
exclude every other right of inter-
ference with executive functions. In
] A. nNNnnago ufhtnh hlod
after the adoption OF the constitution,
comprising many who aided
in its preparation, a legislative
construction was given to that
instrument in which the independence
of the executive in the matter Of re-
movals from office was fully sustained.
/ think it will be found that in the
subsequent discussions OF this ques-
ton there was generally, if not az all
times, q proposition pending to in
some way curtail this power Of the
President by legislation, which fur
nishes evidence that to limit such
power it was supposed to be necessary
to supplement the constitution by
such legislation. The first enactment
OF this description was passed under
a stress of partiz lnship and political
bitterness which culmina,ed in the
Presidents impeachment. This law
provided that the Federal officers to
which it applied could only be sus-
pended during the recess Of the Sem
ate, when shown by evidence satisfac-
tory to the President ID be guilty Ct
misconduct in Office, or crime, or
when incapable or disqualified to per.
form their duties, and that within
twenty days after the next meeting OF
the Senate 1t shall be the duty of the
President to report to the Senate such
suspension, with the evidence and
reasons for his action in the case.
This statute, passed in 1867, when
Congress was overwhelmingly and bit.
terly opposed politically to the Presi-
dent may be regarded as an indica-
ton that even then it was thought nee
essary by a Congress determined upon
the subjugation OF executive to legis-
lative will to furnish itself law for the
purpose, instead of attempting TO reach
the object intended by an invocation
OF any pretended constitutional right.