The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-03-11

aiicds made to me By citizens Of known good re-
puse and by members ofthe House Of Represent
atfves and Senator'S Of the United States than
upon any letters and documents presented for my
examination
have NOT felt justified in suspeciing the We
racity, integrity and patriotism OF Senators. or
ignoring their representations because they were
mot In party aEliaiion with the majority OF their
associates, and recall q few suspensions which
bear the approval Of individual members iden-
titled politically with the majority in the Sen
ate.
While. therefore, / am constrained to
DKxT THE RIGHT or THE SENATE
to the papers and documents described, 50 lar as
the right 10 the same is based upon the claim
that they are in any view of the subject official.
am also led unequivocally TO dispute the right
Of the Senate BY the aid of any documents what
ever, or in any way save through the judicial
process Of trial or impeachment, to review or re-
verse the act Of the Executive in the suspension.
during the recess of the Senate, OF Federal ON
Gals.
believe that the power TO remove or suspend
such officials is vested 10 the President alone by
the Constitution. which in express terms pro-
vides that: The executive power shall De
vested 10 President of the United States OF
America" and that he shall take care that the
laws be faithfully executed
The Senate belongs 10 the legislative branch
OF the Government When the constitution, oy
express provisions added 10 its legislative duties
the right to advise and consent 10 appointments
TO Office and 10 sit as court Of impeachment, II
conferred upon that body all the control and reg
ulaiion OF executive actions supposed to be nee
essary for the safety of the people, and this ex-
press and special grant of such extraordinary
powers no. in any way related to or growing
out OF general senatorial duty and in itself de
pariure from the general plan OF our government
should be held under familiar maxim of con-
rttr.Jz nth
ference with executive functions
In the first Congress which assembled alter
the adoption Of the constitution, comprising
many " no aided in its proposition, legislative
construction WAS given to that Instrument IN
which The independence of the executive In The
matter oil removals from once was iuiiy sus-
tanned.
think i, will be found tina: in the su5sequt nj
discussions OF this question there was generally.
If not al all times, proposition pending 10 In
some way. curlail this power OF the President
by legislation which furnishes evidence that 10
limit such power il was supposed TO be necessary
TO supplement the constitution by such legsia-
ton.
The first enactment of this provision was
passeJ under stress OF partisanshp and political
bitterness which eliminated 10 the Presidents
impeachment This law provided that the Fed
era officers, TO which il applied, could only De
suspended during the recess OF The Senate, when
10 be guilty. OF misconduct in Office or crimes, or
when incapable or disqualified 10 perform their
duties, and that within twenty days OF the next
meeting OF the Senate, il should be The duty OF
the President 10 report 10 the Senate such sus-
pension with the evidence and reasons tor his
action in the case.
This statute, passed in 1867. when Congress
was Overwhelmingly and bitterly opposed. polit-
cally, 10 The President may be regarded As an
indication that even then ii was thought neces-
sary by Congress determined upon
THE sUBIuGAT1oS OF THE EXECUTIVE
10 the legislative will 10 furnish itself law for
the purpose instead of attempting to reach the
object intended by an invocation of any pre-
tended constitutional right.
The law which thus found its way to our stat
ute books was plain in It's terms and its intent
needed no ayowa. If valid and now in opera
ton il would justify the present course OF the
Senate and command the obedience OF the Ex-
ecutve to its demand.
II NAV, however, be remarked. in passing,
that under the law the President has the prv-
lege OF presenting TO the body which assumed to
review his executive acts his reasons therefor in
stead Of being excluded from explanation or
judged by papers found in The departments.
Two years after the law OF 1867 passed,
and within less than five weeks after the inau-
guraiion of President in political accord with
both branches Of Congress, the sections OF the
act regulating suspensions from Office during the
recess Of the Senate were entirely repealed and
in their places were substituted provisions
which instead Of limiting the causes of suspen-
sion TO misconduct crime, disability, or disqual-
ificaiion. expressly permitted such suspension
by the President in his discretion. and complete
" abandoned the requirement obIiging him TO
report 10 the Senate the evidence and the rea
sons for his action
With these notifications and with ali
branches Of the government in political har
mony, and in the absence OF
PARTISAN INCENTIVE To CAUTIOUS oBsTRUc-
TON,
the law as il was left by the amendment Of 1869
was much less destructive of Executive discTe-
lion, and yet the great General and patriotic
citizen who. on the 4th CT March, 1859 assumed
the duties OF Chief Executive, amt for whose
freer administration Of his higher Office the most
hateful restraints OF the law OF 1867 were on the
5h day of April. 1869. removed mindful Of his
obligation 10 defend and protect every preToga-
tive OF his great trust, and appyehensive Of the
injury which threatened the public service in
the continued operations Of these statutes even
in their modified form, in his frs; message 10
Congress advised their repeal and set forth their
unconstitutional character and hurfnl tendency.
am unable TO state whether or no, this re-
commentator for a repeal OF these laws has
been since repealed. II il has not The reason can
probably De IOHDu IN the experience which 1e-
m0nstrated the fact that the necessities Of the
political situation but rarely developed their
vicious character, and 80 it happenes that after
an existence oil nearly 20 years of almost inoccu-
Gus desuetude these laws are brought forth. ap-
parently the repealed as well as The uurepeaIed,
and put IN the way of an Executive who is will
ling, if permitted, 10 attempt an improvement in
the methods Of administration
The constitutionaty Of these laws is BY no
means admitted, but why should the provisions
Of the repealed law, which required a specific
cause for suspension and report 10 the Senate
Of the evidence and reasons, be now, in effect.
applied 10 the present Executive instead Of the
Law afterwards passed and unrepealed, which
distinctly permits suspensions by the President
in bis discretion and carefully omits the require
ment that evidence and reasons for his actions in
the case shall be reported to the Senate.
The requests and demands which by the score
have for nearly three months been presented
70 the different departments of the govern ment,
whatever may be the intention, have but one
complexion. They assume The right of the Sen
ate 10 sit in judgment upon the exercise Of my
for which am solely responsible to the people
from whom have so lately received
THE SACRED TRUsT OF oYPIcE
Sworn 10 support and defend the Constitution.
my duty TO the people, who have chosen 10 in
vest me with the executive powers of their great
Office, forbids me TO reiinquish the power of the
Cbid Magistracy, which | must preserve unim-
paired in all IFS dignity and yigor.
Ii becomes me, therefore, 10 refuse TO comply
with these demands To the end that the service
may be improved
The Senate is invited to the fullest scrutiny of