New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-02-19

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discretion whether the papers should be communicated
or not that they have not been communicated On tho
9th OF December 1868. when there was much irritation
eIistingl between the houses of Congress aud the
Executive, tho House OF Representatives adopted
Olution directing the POstnasterGeneral 70 comma nj
cate to the House information of all the posmasters
removed from office between the 2sth Of July, 1866,
or causes for such removals and the names
Of all persons appointed in their places etc This
by the without least degree.
questioning the right OF the House of Representatives to
Two instances occurring during the Administration
would be naturally disposition on part of the
ntve TO stand upon his constitutional rights may be OF
interest On the 9th OF January $40 the Senate passed
resolution directing the secretary OF tho Treasury to
transmit charges file against the Supervising In-
therewlth which was also promptly complied with At
the same session similar resolution called for papers
1le In the Treasury Department showing Lieu
tenant Devereux WAS removed from the revenue marine
service. which was also complied with. But 1t would
seem to be needless to ara further precedens out OF
the vast that exists the journals Of both houses
| Government. The practical construction Of the Con-
stuon in these respects by all branches of the Gov
acknowledged principles to settle what the
rights aud powers OF the two houses OF Congress
In the exercise OF their respective duties covering
branch OF the operations OF the Government and is
are to the discharge OF their duties and
not Infringe right OF the Executive and that ii does
President himself to take into consideration any sup
posed motives or purposes that either use may have In
calling for such papers whether their possession
knowledge OF their contents could be applied by either
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"The Constitution Of the United States was adopted in
the light OF the well known history that even Ministers
neht all papers whcn demanded on pam OF INC hstant
dismissal OF such Ministers refusal through the rapid
&nGhe Continental more than ten years
itself governed the country and hal control OF all papers
Of the confederation but by the ntrn
sic nature Of free government The jurisdiction Of the
the power to advise to withhold advice
co morning treaties and appointments necessarily
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and action OF the officers Of the law, and all the facts
touching their conduct the possession OF any depart
in the possession of the President himself
There no need TO express such power for IL WAS
necessarily inherent Incident to the exercise OF the
power granted.
papers covered period OF more than six months during
which the regular incumbent OF the office had been dis
charging its duties and also the further period Of more
than six months during which the person designated TO
discharge those duties or suspension OF the ocer VINO
had been acting, that that person is the one now
proposed to he appointed to the place IL WIN also be
observed that the President has not undertaken TO re-
and stated pursuance OF the sub
iec suspended that officer and that tho statutes
without the advice and OF the Senate and that
II at advice ana consent pc not gven 'nS eT
previously eXpred) at the close OF this session OF tho
Senate be restored the lawful right TO exercise Its
duties.
THE MONUMENTS CONDUCT MUST DE KNOWN.
1.-THE senaethen,by this nominations asked to advise
and consent removal OF the incumbent and to the
appointment OF the candidate proposed for his place In
respect
plain that the condnct and management OF tho ncum-
bent matter absolutely essential 10 be known to the
Senate In order that ii may determine whether IL can
rightly advise MS removal or rghty Iesve MN 10 re-
the functions OF his office ut the end OF its session
we'll whether tho candidate proposed has. In the
OF the office under his resignation so conducted
himself to show that he Ia competent aud faithful
IN the OF vacancy In an Office and tho proposed
filling OF such vacancy. Il Is important for the Senate TO
know the previous condition and management Jf the
Office the state Of It's Affairs whether there nave been
Of misconduct or abuse OF power the embelIe-
o indeed
ing upon it's administration. In order that II may judge
take up Is duties with reference to the difficulties that
may exist in It's affairs, the state OF It's accounts and
everything concerning Its administration, 30 a " meas
the fitness ana competency Of the particular cand
to meet the emergencies OF the case.
appears from the table herewith submitted that
Of about is5 nominations sent TO tho senate during
the first thirty days Of this .essionthat from the mrs.
Monday III Deccmuet' IsSo' 10 January >, l9o",oi
nominations OF persons proposed To be appointed
In tho place OF officers suspended ana proposed TO be re-
moved (,nd OF whom u II known that sOlders
and respect of whom the action OF the senate IN adj
would effect removal and IN respec; OF whom the fail
ure OF the senate to advise aud CONSENT to suo removals
and appointments the effect would be TO restore them TO
81 their Offices a; the erd OF the session
except ia which the terms OF some OF them
should have previously expired Ia II desirable and
necessary 10 tire proper performance OF IT, duties ana IN
every aspect OF public Interest that tho simple facts IN
regard to what the conduct Of these officials as well rs
regard what the conduct OF the persons designated
TO perform their duties has been should be made Known
The Senate Have these suspended officials, or any
considerable number OF ten been guilty OF misconduct
worthy to be LONGER trusted with the performance OF
would he clear TIA; every consideration OF pub
lie interest aud OF public duty would require that the
detstandlngy md promptly advise their removal. and
that the most careful scrutiny should be had Ia respect
selecting SUCCESSORS well ia respect Of
,stering nc laws of the United states such In
formation II would seem. the Executive Is determined
the Senate shall not possess for tue alleged reason thdt
IL might enable the Senate to understand what circum
stances connected with the faithful execution OF the laws
the President to exercise the discretion the
statute coneTs upon hun TO suspend theh ana AK u,
senate 10 unite with him IN their removal from ONCE
similar result would follow In respect OF the kho"edee
ment For instance. the President, as commandcr-in-
chief the army has large discretion lie has In the
suspension OF ryil officers but ON tue theory snsGSssd
by the Attorney General. both the President and the
Secretary Of War would b. justified IN refusing to either
house 0i CongrcsscO OF papers ana 40 m
to the administration Of the Department OF War and the
facts being disclosed tho two Congress might
be enabled comprehend the reasons and motives act
Executive In hts conduct commander IN
nuld he hnt neither the President nor the head of
department bound TO communicate any Official paper
either Houses OF Congress. which might draw into
question n the minds OF lis members or Of the people
the wisdom or fairness ais acts But the committee
Is OF the opinion that matters OF this nature the Sen
ate tlc with the reasons or motives either
OF The heads departments OF the Executive but IL
has large that Its reasons and grounds Of
truth The senate il il does its duty preserves tho
Judgment aud not upon those OF the Piesi
dent, however valuable they may be- II inc truth re-
persons were known the question OF the senate would
be. not what were the reasons or motives OF inc Ehec
tive, but whether the Iacts tHelnseNeN rs t'J LOOK
place would furnish 1t with sufficient reason for giving
Withholding It's advice aud consent 10 the proposed
changes.
QUOTING 1HE PRESIDENTS VIEWS.
"Anothcr view of the case ia not. "a the Co mmittoe
thinks without large Importance to the public nteres;
at this time The President, In his last annual message
and I'm connection with the beet OF removing the Ord
nary administration OF tho laws and the selection Of
public from the arena OF mere party politics.
stated: Il Inclined to think that there IN no senti
ment moro general In the minds OF the people Of eur
ptyie he
ciucs upon which the law enforcing Civil Service reform
s based In It's present condition the law regulates only
part the subordinate public positions throughout
the country II applies the test OF fitness to applicants
for these places by means OF competitive examination
ana gives large discretion to tile commissioners as To
the character OF the examination and many other mat
tors connected with It's execution Thus the rules aud