Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1886-03-19

,essary for the safety or tne peoPle' ",,u III.
oynress and speciul grant OF such eNlraorur
nary powers. not in any way related 10 or
growing out OF general Senatorial IVY ~ nf
In itself a departure from the Rencra, pi II n a
orr Government, should be held' uhuS. u
familiar maxim of construction, 70 cAcluu'
every other right of interference WIN cAeeu>
tive functions. after
the adoption of the constitution. compr's,
ing many who aided in its prcpar.uou,
legislative cq on weinb w the f indepen nd nee
OF the Executive in the matter OF remoNn.s
from office was fully sustained. tnlnk
it will be found that, in the sunse n.nar.
discussion OF this question. there was et1si.
ally. if not ut all times, 4 proposluon pep buaui
to in some way curtail this power OF inc res,
dent by ;egislati33n, w vi + 1 wns snnnosed to be
necessary to supplement the cons1ltut'on Wy
such legislation. 800.
passed under a stress of partisanshlP ana Pc,
iitical bitterness which eliminated in the
Presidents impeachment. This law provided
could only be suspended during the re-
cess of the Senate when shown by evidence
satisfactory to the President to be guilty
vi m's'? ineapaple Gu e%' disqualified to
perform their duties. and that. within twenty
days after the next meeting or the senate ~
port to the Senate such suspension, with the
evidence and reasons for his action in the
case" This %statude; 9pa's sinr, IN a oS6'' h Mhen
LOukIcSe wac oNSi ~
i dent, op may y be pregarded as an indication
that even then it was thought necessary
cation OF the Executive to Legislative will to
furnish itself a law for that purposc, instead
Of attempting to rea Hf the the o nletend 1nieh cnn.
stitutional right. The law which thus found
its way to our statutc.book was plain
avowal. If valid and now in operation
1t would Justify the present course of
the senate and conman the obedience of the
be remarked in passing that under this law
the President had the privilege of presenting
to the body which assumed to review the Elk.
ecutive acts his reasons therefor, instead OF
being excluded from explanation or judged
by papers found in the departments.
Two years after the law of 1867 was passed,
and within less than five weeks after the in
nuguration of Il President in political a cord
with both branches of Congress. the sections
Of the act regulating suspensions from Office
during the recess of the Senate were EN-
tirely repealed, and in their place were sub.
stitutcd provisions which. instead of
eonduet. e ese ea disabii 1T so os disana!it he %1s'
expressly permitted such suspension by the
President lin his discretion. and completely
reanuo to the en Senate neaa'. "the EVIDENCE and "iH rea,
sons for his action. With these notifications
and with all branches OF the Government in
political harmony, and in the absence OF
partisan incentive to captious discussion,
Of 1863 was much less destructive Of
great General and patriotic citizen who. on
the 4th day of March, 1863. assumed the duties
of Chief Executive, and for whose freer ad-
full restraints of the law of 1867 were. on the
5th dny of April, ls67, removed, mindful of his
obligation to defend and protect every
prcrogativc of his great trust, and ap'
prchcnsive Of the injury threatened the
public service in the continued opera
ton of these statutes. even in their ,nodi.
RnNfi0, in hiS tirsf rnnSSop n fN (0nuCcSS nd.
viSed their repeal and set forth their uncOn.
stitutional character and hurtful tendency.
am unable to state whether or nottnis recon
incubation for a repeal OF these laws has beer
since repeated. Ii it has not, the reason car
probably be found IN the experience which
demonstrated the fact that the necessities OF
their vicious character.
And so it happens that, after an extension
desuetudc, these avs are brought forth, ap.
p%arently the repealed as well as the unre
pcaled, and put in the way Of an Executive
!, an Improvement in the methods of admin
istruuon. The constitutlonnlity Of these
: LAYS laws sb is by +ha no nrd means a al tbc renoa i%
! law, which required specific cause for suspen
: : sion and Il report to the Senate of "evidenc'
t and n r bs now ,S.i in e,fe e t hhpp11 Lied to a}t tn,
, ward passed and unrepealed. which distinct
, ~ permits Suspensions by the President il
his discretion. and carefully omits the re
quirelncnt that "evidence and reasons for hi
action in the case" shall be reported to tn
Senate!
The requests and demands which by thu
!, score have for nearly three months bcel
presented to the different departments of thu
Government, whatever may be. their form
have but one ne, complexion. They assume tn
: upon the exercise of my, executive func
ton, for which l am solely responsible t
ree Pedp1 the 'fe Sacred %ho trust : n of o ii 'a' n:
. oath to support aud defend the constitu
8 ton; my duty to the people who have chose,
i oiiice and not to relifnquish them, and m:
duty to the chief-1nagistrucy, which
must preserve %unimpaired in all it
G comply with these demands. To the en-
e that the service may be improved the Senat
is invited 10 the fullest scrutiny OF the pei
t recognition of the constitutional power O
o that body to advise and consent to their uE
@ i shall continue, as 1 have thus ia
: the confirming int''sb BODY all IT, the e'aH inform y
e the nominees placed before them for their at
d ton. both when they are proposed to fill vacaI
cies and to take the places of suspended OIL
cials; Upon a refusal to confirm ! shall nc
t, action OF the Senate nor question its detern
nation; can not think that any thin
e @nrf rs r in puSlio to Office deeuf tha M0r a carl i,
full and independent discharge of on
respective duties within their wcll-defne
q limits. Though the propricty Of suspension
O might be better assured if the action of til
is President was subject to review by the Sci
ate, yet If the constitution and the laws hay
1. placed this responsibility upon the Executiv
branch OF the Government it should not b
divided nor the discretion which 1t involve
relinquished.
1t 1t has been claimed that, the present f.
ecutivc having pledged himselfnot to rcmov
Officials except for cause, the fact of the
.c suspension implies such misconduct on til
n part OF a suspended official as Injuries his cha
X acter and reputation. and therefore the SCI
t. ate should review the case for his vindicntiol
i have said that certain officials Should not,
n my opinion, be removed during the col
%tinuance OF the term for which they wei
$. appointed solely for the purpose OF putin
IS IN their place those in political a~tiliutio
r with the appointing power; and this dc
ly laration was Immediately followed BY
description of official partisunship whic
N ought not to entitle those in whom it was e
m hibited to consideration. 1t is not a
G. parent how an adherence to the course til,
r. announced carries with it the consequence,
e. described: lin any degree the suggestion
81 worthy OF consideration it is TO be hoped tn,
re there may be Il defense against unjust su
- pension in the justice OF she Executive.
m Every pledge which l have made by whie
] have placed a limitation upon my G
G. ercisc OF Executive power has been fait
lie fully redeemed. OF course the pretenSe
e, not put forth that no mistakes have bee
committees; but not Il suspension hi