The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1886-03-11

provision superadded to its legislative duties
the right to advise and consent to appoint
ments to Office, and to cit ~ court Of i'm
peachment, II conferred upon that body al the
control and regulation Of executive actions sup
posed to be necessary for the safety OF the
people. and this express and special grant Of
such extraordinary pOwcfe-n0t in any way re-
lated to or growing out Of general senatorial
duty, and In itself Q departure from the gen.
eral plan Of our gOvcrDment-ehould be held,
under familiar maxim OF construction, TO ex.
clnde every other right Of interference with
executive functions. In the hret congress
which assembled alter the adoption Of the con-
stitution. comprising many who aided In ite
to that instrument, in which the independence
Of tine executive in the matter Of removals
from Office was fully sustained. think II will
be found that in the subsequent discussions Of
this question there was generally, IL not at all
times, proposition pending in some way cur
failing this power Of the president by legisla-
tion, which furnishes evidence that TO limit
such power II was supposed to be necessary to
supplement the constitution by such legisla-
tion. The first enactment OF this description
was passed under . stress Of partisanship and
political bitterness, which eliminated in the
presidents impeachment. This law provided
that the federal officers to which II applied
could only be suspended during the recess OF
the senate, when shown by evidence satiefac-
tory to the president TO be guilty Of miscon-
duct In Office or crime. or when incapable or
disqualified TO perform their duties, and that
within twenty days after the next meeting OF
the senate 1t should be
THE DUTY OF THE PRESIDENT
ITO report to the senate such suspensions, with
the evidence and reasons for his action in the
case" This statute, passed in 1867, when con-
gress was Overwhelmingly and bitterly opposed
to the president, may be regarded a. an indca-
tion that even then it was thought necessary by
congress determined upon the eubjugation Of
the executive to legislate at will to furnish itself
q law for 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 ite terms, and its intent needed no
ayowal. II valid and now In operation, 1t would
justify the present course OF the senate, and
command the obedience OF the executive to its
demand. It may, however, be remarked In pass
ing, that, under this law the president had the
privilege Of presenting to the body which as-
snmed to review his executive acts his reasons
therefor, instead OF being excluded from explain
alton or by papers found in the departments.
Two years after the law Of 1867 was passed, and
within lees than i've weeks after the inacgura-
tion Of president in political accord with both
branches OF congress, the sections OF the act
regulating suspensions from Office during the re-
cess Of the senate were entirely repealed and
IN their place were substituted provisions which,
instead OF limiting the canses OF suspensions to
misconduct, crime, disability and disquali6ca-
tion, expressly permitted such suspension by the
the president '.in his discretion," and complete
ly abandoned the requirements obliging him to
report to the senate .sthe evidence and reasons'
for his action. With these notifications, and
with all branches Of the government in political
harmony, and In the absence Of partisan incen-
tive to captious obstruction, the law ~ II was
10 49, - 49,
etrnctive to executive discretion: and yet the
great general and patriotic citizen who, on the
4th day Of March, 1869, assumed the duties Of
chief executive, and for whose freer administra-
tion Of bis high Office the most hateful restraints
OF the law OF 1867 were, on the 5th day Of April,
fend and protect every prerogatiye OF his great
trust, and apprehensive Of
THE INJURY THREATENED
the public service in the continued operation of
these statutes, even in their modified form, In
his first message to congress advised their re-
peal and set forth their unconstitutional charac-
ter and hurtful tendencies. am unable to
state whether or not this recommendation for a
repeal OF these laws has been since repeated.
II 1t has not, the reason can probably be found
In the experience which demonstrated the fact
that the necessities Of the political situation bur
rarely developed their vicious character; and so
II happens that after an existence Of nearly
twenty years Of almost innocuous desuetude,
these laws are brought forth, apparently the re-
pcaled as well az the unrepealed, and then put
In the way Of an executive who il willing, IL per
mitted, TO attempt an improvement in the meth
DDS Of administration. The constitutionality Of
these laws is by no means admitted. But why
should the provisions OF the repealed law, which
required specific canse for suspension and q re-
port to the senate of 'sevidence and reason" be
now in effect applied TO the present executive,
instead of the law afterward passed and unre-
pealed, which distinctly permits suspensions by
the president .'in his discretion" and carefully
omits the requirement that .sevidence and rea-
sonS for his action in the CASE shall be reported
to the senate? The requests and demands
which by the score have for nearly three months
been presented to the different departments OF
the government, whatever may be their form.
have but one complexion. They assume the
right Of the senate to cit In judgment upon the
exercise Of my exclusive discretion and the exc
cutive function, for which am solely RESPONSE
BILE to the people, from whom have 90 lately
received the sacred trust Of Office. My oath to
support and defend the constitution, my duty to
the people, who have chosen me to execute the
powers Of this great Office and not to reinquish
them, and my duty to the chief magstracy,
which must preserve unimpaired in all its dig
nifty and vigor, compel me to refuse to comply
with these demands. To the end that the ser
vice may be improved, the senate IL invited to
the fullest scrutiny Of the persons submitted to
them for public Office, In recognition Of the con.
stitutional power Of that body to advise and con.
sent to their appointment.
WILL CONTINUE,
as l have thus far done, to furnish. at the re-
quest OF the confirming body, all the informa
ton possess touching the fitness or the nom
inees placed befeac them for their action, both
when they are proposed to fill vacancies and
| to take the place of suspended officials. Up
| on refusal to confirm, shall not assume the
right to ask the reasons for the action OF the
senate, nor question It's determination. can
| not think that anything more is required L
secure worthy incumbents In public Office thar
| careful and independent discharge OF ou
| respective duties within their well-defned linn
ts. Though the propriesy OF suspension
might be better assured II the action Of tn,
| president WAS subject to review by the sen
ate, yet il the constitution and the laws hay,
placed this responsibility on the executiv,
branch Of the government it should not bt
| disturbed, nor the discretion which il involved
| relinquished. 1t has been claimed that, til,
present executive having pledged himself no
to remove officials except for cause. the fac
| Of the suspension implies such misconduct OF
the part Of the suspended officer as injure,
| his character and reputation, and therefore the
senate should review the case for his vindica
| tion. have said that certain officials shoul,
not, In my opinion, be removed during th,
continuance Of the term for which they wer,
appointed solely for the purpose Of putting Ii
their places those In political affiliation witt
the appointing power, and this declaration wa
Immediately followed by q description Of OFF
cial partisanship which ought not to entitl,
those In whom 1t was exhibited to considera