New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-03-02
SURPRISING THE SENATE.
r.n,i,ued from First Page.


objects of the senste's quest
They consist OF letters and representations addressed
In the Executive intended for his inspections 'no'
are voluntarily written and presented py PN"o
citizens who are not In The least inSuga'eu 'loo''
any official invitation OF all subject to OFFICIAL control
while some OF them entitled to Executive consoor"
,,on many of them are so Irrelevant or III the g Vi
other facts so worthless that they nave NOT oTo"
me least weight In Determining the question: w WIN
they arc supposed to relate Arc "Ii Vne9o, 'i"iS
bafause they arc preserved TO be consldereu oincal
documents and subject the inspection OF the senate
I,ro, vho IA TO determine which belong to this class
Arc the natives aud purposes OF the Senate as they are
doy py day developed such as would be satshou WIN
nv selection Am c submit to theirs at inc FISK OF
being charged with making a suspension from once
upon evidence which was not oven considered Are
these rapers to be regarded Official because they nave
mot only been presented but preserved in the public
Offices Their nature and character remain the same
whether they are kept in the Executive Mansion UT
de,osited in the Dcparn ents There II no mysterious
mower of transmutaon in Departmental custody nor IS
there magic In the underlined and sacred soemnlty OF
Derartment files II the presence OF these papers III te
nublic offices is stumbling block in the way OF the
performance OF Senatorial duty, it can DO easily re-
moved
THE PRESIDENT ALONE CAN REMOVE
The pspers and documents which have been described
oeriye no official character from any cOnsutuuoh"'
s,atutry or other requirement making them necessary
N tho nertormance of the Official duty of the Executive
7, will not be denied suppose. that the President may
suspcnd a public officer in the entire absence Vi any
nane,s or documents aid his official Judgment anu
discreop am quite prepared to avow that the cases
are not few i'll which suspensions Hon oihoo nave
mole upon DIAL representations made to me by
citzeps OF known good Tepute and by members Vi Tue
1ouse Of REPRESENTATIVES aud Senators OF Tue on'eu
States than upon any letters ana documents PesehoH
ror nv examination. nave not felt jnsthed III suspect
, the veracity int gritty and patriotism OF senator's
,t.tIo thpVW
in party utilization with the majority OF ther a77o'"o
and recall "A few suspensions which bear the approval
of individual members identified pOhucaiy Win 'no
majority OF the Senate While, therefore, am c"n'
s,raned 20 deny the right OF the Senate 10 tue P"eS
and documents described far as the right ~ tue same
ia based upon the that they are in any view d Tue
s,hiaot o(icia am also led unoluivocally 10 dispute
the ,sbt OF the Senate by the aid OF any documents
yhateyet, or IN any way save through the Juulol"'
rocsss OF trial impeachment 20 review OF reverse 'o
act of tue Executive in the suspension during ro''
~ the Senate of Federal officials believe the power
IN rsmoy, or suspend such officials vested IN the FFe'
do, sone NV the Constitution, which IN express terms
,rodes that the Executive power shall he vested III
President OF the United states o. America anu 'ha'
. he shall take care that the laws DO faithfully OK
ecuted." a.,
Tine senate belongs to the legislative branch OF the
,,ovarnment Wnen the Constitution by express pro-
vision superaddei to the legislative duties the rsht 10
advise ami consent TO appointments % once ana 10 81
~ court OF impeachment 1t conferred upon tha' "o"y
IN tna coutrol and regulation Of eKecuu,e action
supposrd to be necessary for the satN Oh tAo Flio
U tis eXpress and special giant or sNch I'oruu'I
nnu ei moi iH INV WAY related to growing out OF
ssnnIu Senatorial duty, ana IL lt-e4 IrltL'Ite ~"
lie general piau OF our government shouIu ue IcIu
,Ie familiar maxim Of construction. to exclude
otcrv ,,tber int OF Interference with iXe,Hu'e
Functions IN the first Congress when % 'V
tLe adoption Of the Constitution; ~,
WHO ni ed in its preparations legislative
was gveu that instLaneni IA :" icn tT ~ tIo i
OF the Executive in the matter OF ieI'o| as ron IT,
was fully sustained thnI ~ WIZ ng IL u' trI Wa A.
e. some Az curtai this power OF the fIesGeh ny SH
latioa when furnishes evidence 'A" 20 hll ssv 49,
a. US sI"0sed to necessary To supplement the on
situation by snch Legislation the hFst tn"etuen ol 'n''
aud political bite ness Which caluintG i t i t.
dents Impeachment. tHls iiS c"iI ouir "e sus.
nendsd during the OF the senate "Aeh sHoMn ~
pce saI,ta,ory To the President TO lee guilty OF
ncf in "fice or crime or wien incapable or DIS
nuanned to perform their duties ana tAt Nlln w
DAYS attei the next meeting OF thr aeiats Il snC 10
fe duty OF the President ITO reIoTt To tie senale '
suspen SION. with the evidence aud reasons oi is %
in tue sass" THIS statute pa'se3 ~ o,',..l
eress was Overwhelmingly ana pltlefy 4|Id' en
ctinH int even then II was thought necessary ny
CONGRESS determined upon the snuration o! t" AeSu
,mTpose instead OF attempting to reach the oigec'
Intended by Invocation OF any d M v lo oTr
srtn nook was plain IN its terms ana Us intent hecu1
no HvoT, ,asent courss pf tie senate command
The obedience OF the Executive TO It's demands II may.
however be remarked ~ passing that 9nuer ms .1%
fife Pre.i had the privilege OF presenting 10 to 10
which assumed review his exec aeis h' reasons
therefor iustrad OF being e1cIldeu nom
indsed b. papers found Ia tie ID par, ~o '.s
@ 49, atIrr the Inauguration OF President in
noIjtical accord with both branches OF CoutTcS me
se1oH; - recess Of the Seuatc were entirely repealed
and M their place were substituted PROVISIONS Which
cOndu t. crime, disability or dlsu"AHrau"H, eAvsnS
permitted such suspension by ine fiG'lHsnt ~ li
obsing him report to tue Senate the e. ldehce anu
reasons FOR nis action
QUOTING FROM GENERAL GRANT.
With these notifications aud with all branches OF the
Goverpm nt in political harmony and IN the absence Of
rartisan incentive to captious obstruction Tie law as
# WAS Ie by the amen ment Of 1869 was much less
dssrpotiyr of Executive discretion And yet the great
Genera and patriotic GHn %nS on fs I a and
for whose administration OF his hlgh once tn' uIv7l
haeful RESTRAINTS the law OF 1857 We're on tne Pm
day OF April 1869. removed, mindful 81 ms Onh2"u"n
to de END and protect every prrrnSaNG OF MS Fr,''
trust and apprehensve OF the Injury thrtaon.u vac
nnhic service in the continued OPERATION OF thrse
Statute, even IN their ToqihGa ioi M III le , rt i
to Congress advised Their relesl aIu ,,
nnconr Irrational character AM hurtu tendency III lHt
Following language: It may he well to mention more
The embar possible to arise from leaving on he
statute the s1-called Tenure OF Oiuce Avs anu
NOT have been the intention OF the trainers OF the Cos
tuition when proyns tIat "pogI1 n the snuu .
The latter should have the power to retain IN once
nj ced there by Fedora, appointment against the
PEI lie President Tue law l. Inconsistent VITA
fathlnI aud efficient administration OF the Governments
What faith eau an Executive put IN officials forced upon
him and Il ose too, whom he mas suspended n reason
Hos will such officials he likely 10 serve al Admlhstra-
tion which they know does not trust then E
am unable TO say whether not this rccomlncnda-
ton for repeal If these laws has been ,ince fel
If il not, the reason can probably DE iol IN te
expeli fence which demonstrated the fact mat the
necessities of the political situation nut rarely developed
tbeir yirious character it happened that after
an existence OF nearly twenty years "f almost lhhOeuo
desueuie these brought forth AZ paicntN INC
repealed well as the unrepeacd ana l!Hl III tI way
ofan Executive who Is wiiu, permitted. 10 altenp
in the mrthOds Of administrator Ih'
constitutionay these laws Is by no means
Tnt why should the provisions OF the IeIeaied law
which required specific for suspension and reloF
70 tho Sci nate Of" evidence and reasons be now. ~
effect applied TO the present Executive insea OF th'
law alta ward Iassed and unrcpeaed which dsunct,
nernjts Suspensions by the President III his discfcuoh
and carefully Omits the requirement lhal eNIlcn t