The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1886-03-11


and regulation of executive action supposed
to be necessary for the safety of the people,
and this express and special grant of such
extraordinary powers, not in any way relSted
10 or growing out of general Senatorial duty
and in itself a departure from the general
plan of our Government, should be held I'M
der u familiar maxim of the coDStitut on TO
exclude every other right of interference
with executive functions.
ORIGIN OF THE PRESIDENTS RIGHTS.
In the first Congress which assembled after
the adoption of the constitution comprising
many who aided in its preparation, legisla-
tive construction was given 20 that instru-
ment in which the independence of the ex-
ecutive in the matter of removals from office
was fully sustained. i think il will be found
that in the subsequent ScusSion of this
question there was generally If not at all
times proposition penc,ng ~, IN some way.
cUrtail this power of the President by leg sla-
ton, which furn' shes evidence that to limit
such power il vas supposed TO be necessary
to supplement the constitution by such legiS-
lation.
The first enactment of this description was
passed under a process of partisanSh!p 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 SHtiSiac-
tory TO the President to he 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 It should be the duty of the
PreSluenI 10 report 10 the senate Sucn SllS-
pension with the evidence and reason for his
action in the case" This statute, passed in
1861 when Congress was Overwhelm ngiy and
bitterly opposed politically to the President
may be regarded as an indication that even
then it was thought necessary by a Congress,
determined upon the SubjuEation of the
executive to the legislative Will, TO furnish
itself q law for that purpose, instead of ut
tempting TO reach the object intended by an
Invocation of any pretended constitutional
right. The law which thus found its way 10
our statute book was in plain terms and Is
intent needed no avowal. II valid and now
in operation it would justify the present
course of the Senate and command the ODE
dienee of the executive to its demand. 1t
may, however, be remarked in passing that
under the law the Pres dent has the privilege
of presenting to the body which assumed
to review his executive acts his reasons there
for instead of being excluded from eXpiana-
ton or Judged by papers found in the de-
partments.
REPEATING STATUTES.
Two years after the law of 1867 was passed,
and within less than five weeks after the IN
augurat or of a President III political accord
with both branches of Congress. the sections
Of the act regulating suspensions from othce
during the recess of the Senate were entirely
repeated and in their places were substituted
provisions which, instead OF limiting the
causes of suspension to misconduct crime,
disability or disqualification, expressly per-
mitted such suspension by the President in
his discretion, and completely abandoned the
requirement obGging him to report 90 the
Senate the evidence and reasons for his
actions. With these notifications and with
all branches of the Government in political
harmony. and in the absence of partisan in
ceutveS to captiouS Instructions. the law as il
was left by the amendment OF 1863 was much
less destructive of Executive secretion.
And yet the great Gcueral-the patriotic citi-
Zen-who on March 1, 1853 assumed the du-
ties of Chief Executive. and for whose freer
admin ;Stration of his high Office the most
hateful restraints of the law of 1861 were on
the fifth day of April, 1863 removed, IN ndful
of his obligation TO defend and protect every
prerOgative of : great trust. and appre-
henSive of the injury threatened the public
service in the cont nued operation of these
statutes even in their modified form. in his
first passage to Congress advised their repeal
and set forth their unconstitut Onal charac-
ter and hUrtful tendency
am unable to state whether or not this
recommendation for Il repeal of these laws
has been since repeated. If 1t has not this
reason can probably be found i'll the eXpe-
rience which demonstrated the fact that the
neceSSarieS of the political situation but
rarely developed their vicious character.
And so it happens thar after an existence OK
nearly twenty years of almost innOcuOuS
deSuetude these laws are brought forth. APP
parcntly the repealed as well as the unre-
peaied, and put in the way of an Executive
who IS willing, if permitted, 10 attempt an
Improvement in the NE thOds of administra-
ton.
The cOnSttutiOnality of these laws is by no
means admitted. But why should the pro-
visions of the repealed law, which required
specific cause for suspension and report 10
the Senate of evidence and reasons" be
now, i'll effect. applied to the present execu-
tive instead of the law. afterward passed and
which distinctly permits sus-
pensions by thc President ''in his discretion
and carefully omrtS the requirement that
"ev dence and -caSons for his actions in the
case" Shall be reported TO the senate.
SENATORIAL ASSUMPTION.
The requests and demands which by the
score have for nearly three months been
presented to the different departments Of
the Government, whatever NAV be their
form. have but one cOmpleXiCr-they assume
the ght of the Senate TO st in Judgment
upon the exercise of my exclusive d secretion
and executive function. for VIII CHI am
solely responsible to tho people from whom
IIhave so lately received the sacred trust of
Office. My oath to support and defend the
my duty to the people who
have chosen me to exercise the powers OF
their great office and not TO relinqush my
duty TO the chief mag Stracy, which i must
preserve unimpaired i'll all its dignity End
vigor, compel me TO refuse to comply with
these demands.
EfTo the end that the service may be i'm
proved. the Senate rs invited to the fullest
scrutiny of the persons submitted to them
for public office, in recognition of the cOnSti-
tut onal power of that body to advise and
consent to their appo ntment, and shall con.
tIuue. as l have thus far done. 10 furnish at
the request of the confirming body all the in
L possess tOucnirg the fitness of
the nominees placed before them for Their
action both when they are proposed to fill
and to take place o. suspended
officials, and upon the refusal to confirm
shall not assume the right to ask the reasons
for the action of the Senate or question its
determ nation.
can not think that any thing more is re-
quired to secure worthy incumbents in public
office than a careful and independent dis
charge of our respective dut cs within their
well defined limits Though the proDriety OF
III ght he better assured if the
~ a. ont Nro sinh m
by the Senate, yet if the constitution and the
laws have placed this reSpOns' bility upon the
executive branch of the Government it
should not be div ded nor the discretion
which it involved relinquished
PLEDGES REDEEMED
1t has beer claimed that the present eXccu-
tive having pledged msclf not to remove
officials except for cause, the fate of their
suspension implies such misconduct on the
part of suspended official as in iures his
and reputation, and therefore the
Senate should review the case for his vindi-
cation. j have said that certain officials
should not, in opinion. be removed
Turing the continuance of the term for
which they were appoi ntCd solely for
hose N political aifiliaton with the ap-
pointing power, and this decIarat on
vas Immediately followed by description
Of official partISanShip which ought not TO
sntite those in whom il was exhibited 10
consideration. IL is not apparent how an
adherence to the course thus announced
tdflItu with II IDe consequences ucccTlDtu .
Il IN any degree the suggest on IS worthv of
cons Iteration il is TO he hoped that there
nay be defense against unjust suspension in /.
he justice of the executive.
Every pledge winch have made by which .
have placed n limitation upOn NV exercise
}; executive power has been faithfully re-
ieemed. of course the pretense is not put
'orth that no mistakes have been committed. I
)ut not a suspension has been made except |
[ appeared TO IN satisfaction that the pub |
&c welfare would be improved thereby. /
Many applications for SUSPENSION have been |
Tened. ard the adherence to the rule laid !
Town to govern nv action as TO such suSpen- {
ons have caused much irritation and in /
Iat ence on the part of those who have in p
listed upon more changes IN the Office 5.
The pledges have made were made to the
people, and TO them ] am responsible
Tor the manner in which they have been re-
leemed. | am not responsible for the SEN
lie. and i am unwilling TO submit nv