Los Angeles daily herald., 1886-02-19

any right Of the Executive, and that II
does not belong to either the heads Of
Idepartments or to the President himself
10 take into consideration any supposed
motives or purposes that either House
may have for such papers. or whether
the possession of their contents
should be applied by either Houst
TO useful purposes. The Constitu
tion of the United States was
adopted in the light OF the well
known history that even the ministers
Of the English Crown were bound to lay
before Parliament all papers, when de.
manded, on pain of the instant dismissal
of such minist, rs on refusal, through
the rapid and eHectual instrumsntality
OF vote OF want Of confidence. and the
Continental Congress had for more than
one hundred years itself governed the
country, and had control Of all papers
and records. not by reason OF anything
expressed In the articles OF copfedera.
| ton, but by reason Of the intrinsic ma.
| ture Of free governmental jurisdiction Of
| the two Houses of Congress to legislate,
and the power to advise or withhold
advice concerning treaties and ap-
pointments necessarily involves the
| jurisdiction to officially know every
step and action of the officers Of
| the law and all facts touching their con
duct in the possession Of any department
or even ia the possession Of the Presi-
dent himself. There was no need to
express suoh power for It was necessarily
an Inherent incident to the exercise of
the power granted. 1t will be observed
that in this instance the call for papers
covered a period for more than six
months, during which the regular in
cur,bent Of office has been disch Urging
its duties, and also the further period Of
more than six months during which
the person designated to discharge
those duties on the suspension oi
officer had been acting and that that
person is the one now proposed to be
appointed to the place. 1t will also be
observed that the President has not un-
dertaken 10 remove the incumbent Of
the Office, but has only In the expressed
and stated pursuance OF the statues on
the subject suspended that officer; and
that the same statutes expressly provide
that such officer shall not be removed
without the advice and consent Of the
Senate, and Il that advice and consent
be not given the Incumbent would (un-
less his term OF Office should have pre-
viously expired) at the close Of that sss-
sion Of the Senate be restored to the
lawful right to exercise its duties. The
Senate then, bv this nomination. Is
asLed Ia advise and consent to the re.
,novsI a tl,e lncumhent. and TO the an
.n;nt tc,sat "a q candidate proposed for
b;s MACE In exercisiuq lis duty In re.
snaet ~ fbasa nuest;ons Il 4 plsin that
t6e conduct and management of
sha M ;ncumbent x a matter absolutely
sssant;eI 49, u ba known 10 the Senate IN
ordar that h nav determine whether il
= othsr shan rightful 10 advise his re.
,.enai T. r;gttlv leave him 10 resume
.o's H. s.ne.;ons - ~ h;s offics At the end az
.ie .he .u .asssan - waIl whe5ber tbe candi.
aee as,;cs aodsr hi das;gnation 20 Conducted
p;nsu s.,t unue ~ - G show tbat he i eomnetent
nv 'i''G; sn;.ss,,I Il Tndaad II NAV he stated
anu 1,ah 'As.'.ia ILL., .aanracv mat even !. the
w.'n snssfs ssnc ~ an af,ce and he
osso " a,,;an ch vacsncv n I
PloPosee esssta - L ,n,, tba
''npvlsan ~ s;.;a' - a. of;oa snd ~
p.ss'oss pas.n q ~ .o .efs;rs whetbar there has
ssase u ~ A - r,;.oaadnnt ar shnss ~
ooen VASE ..,a,nsnt ~ money and
a Pome ri sha c;rsuustances baar;no
.nus o. as,o;.srst;on n order fhsi
upon .As s,Saa - ,hs su,t.hIaness ~ m.
ny la.hs hs,a..Ia. y rarso,' ~ tats n
po'nuns pa;uossa p;.S sasa-drna ~ 10 J;tEn,,lt;ss ~;
- uus,e a 4. ~ eefs;ra an stssa "a
~ 5 ass.r,h;rs nsacor,ing ~
aJs;.';ss.,t;c, = s ~ - 10 rsas,ra tbe ~.
- ea.'@5' A'.J ~, ratsacv ~ tha ,ert;cujar
'ess 5'Jns. NV II ,,'sst * s,,srrs,e;ss "a IN
~ saaa sshis - rrsssrted show;ng :
sasr. ass .,n,shsr q go - aer.ors snnoinfads in
.,lkss .5,ks "ai - e,,;esrs f fsnsy,andad and tbe
Pa y AZ. auaya thssa snsnanded
de dsi@as-, ~ snv cans;dsrabIs number III
sha.r ha.,, tn;Itv "a snv conduet
= as;ns ~ ~ anv narsonsI conduct
.n.S,nc tbam unwortbv n he Iopoer
ssnsta9 win fha performauce of The al.
t;ss ;ncnossd nnon tbam hv law II
49, hsss n wonld seem II ba clear
~ .,a-', a,s;dsrst;a, n r.bi;c inter.
sst snd y nrhl;c dntv wduld reouire
~ sha t.d,s shoaid hs made Lnown il
or5sr shsttha ssnasa NAV nndarstapd.
;neIy and nromntiv cause their removal.
aad tbst tbe most oarefni scrutinv
shn,,d hu E hs hs 4 n rasnect "a ibe ssIectioo
- t trs;r snccsssars -. ~ y vsll a. IN resnec,
- v ra.:d;nr s hestsr means and 1afe,
- ~ s;s,st;o, for adra;n;ster.
- sha aus ~ he IJoited states.
gS',sh ~ ~ ;asorast;on N wopld scem the Fx.
sass s.;.a - = 5atss-,;,'a5 ,ha ssnata sha1l
.,ss r,osse.. fo~ me rsason that h MICH
.as aasbla shs ssasta n n,dersiand what
r;,o,, /, starcss connacfad with fba faith.
a' e., ss'ss.s ss-a.,s;,, - ,hs lsws ;aancad tba
p'as;Ssat ~ sxsrc,sa tba d;scret;on tbe
1900 rts.s rroa him ~ .ns,.eoa
,saa as 80 - ssa 5enats 10 uni,s with
him IL their removal from Office.
The fenort quotes the uassaee on civil
..rv;ea cdnts;aed in he Prasident's an.
s.,a1 ,,sssa~a ana says. s.Th;. b;gblv
IN Inn nor,srt and vsIrabis oti;c;al oommuni.
.s;on ,af IN IL az ~ nrss.nc, ~ tbe s;x hundred
va s,ya scrss - rhris susnaos;oos from off;ce
..n,,i5 sss,, Il, lead ~ fha conclus;on tbat
sh;s ~, ,,,ba, ~ c;vi, ofsicers AZ tbe Limited
states sa slscfad 10 he snspended and re-
a,n.ed bad beeo 40 dereltot IL the ner.
forn,anoa az the functions OF their Offices
~ ,rs;,s,, ~ snch neraonal naiscon duct a.
~ ent fban, Il ne category of unfajtbful
~, h,;c seryanfa deserv;no of dismissal by
| ~ prss;dsnt and the Senate and tbs
- sa.aonat;on ~ tha;r countrvmen
son''e,'"as s"s' ssa 20 .hssa. sss th;ni ~ ! I,
tha ~ ''sr cam,aon sensa AZ Justice ana fai,
sas W., , NJ. Il ~ mucb nr;1ed we believe.
bv nv the oeopIe Of the United States