New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1886-03-10


IN Itself departure from the general plan Of
our government-should be held, under a famil-
lar maxim of construction, to exclude every
other right OF interference with executive func-
lions. In the first congress which assembled
after the adoption of the constitution comprising
many who aided in its preparation. legislative
which the independence Of the executive in the
matter OF removals from Office was fully sus-
tanned. I think it will be found that in the
subsequent discussions of this question there
was generally. if not at all times, a proposition
pending in some way curtailing this power of
the president by legislation, which furnishes
evidence that to limit such power it was sup
posed to be necessary to supplement- the con-
st1tution by such legislation. The first enact
ment Of this description was passed un-
der stress OF partisanship and polit-
lcal bitterness, which eliminated in the
presidents Impeachment This law provided
that the federal officers to which it applied could
only be suspended during the recess OF the SEN
ate, when shown by evidence satisfactory to tho
president to be guilty OF misconduct in Office or
crime, or when incapable disqualified to per-
form their duties, and that within twenty days
after the next meeting Of the senate it should be
THE DUTY OF The PRESIDENT
ITO report to the senate such suspensions. with
the evidence and reasons for his action in the
case" This statute, passed in 1867, when con-
gress was overwhelmingly and bitterly opposed
to the president, may be regarded as an indica-
ton that even then it was thought necessary by
the executive to legislate at will to furnish
itself law for that purpose. instead
OF attempting to reach the object in
enaa by nI ion O. any thm
found its way to our stature book was plain in
its terms, and it's intent needed no avowal. IT
valid and now in operation, it would justify the
present course of the senate, and command the
obedience OF the executive to it's demand. 1t
may, however, be remarked in passing, that, I'M
der this law the president had the privilege of
presenting to the body which assumed to review
his executive acts his reasons therefor, instead
OF being excluded from explanation or by papers
found in the departments. Two years after the
law OF 1867 was passed, and within less than
tive weeks after the Inauguration OF president
IN political accord with both branches of con-
gress. the sections OF the act regulating suspen
slons from Office during the recess of the senate
wers entirely repealed, and in their place were
substituted provisions which, instead OF
limiting the causes OF suspensions
to misconduct, crime, disability and
disqualification, expressly permitted such
suspension by the president "in his discretion"
and completely abandoned the requirements
obllglng him to report to the senate the evil
dence and reasons" for his action. With these
notifications, and with all branches of the gov
eminent in political harmony, and in the absence
Of partisan incentive to captious obstruction,
the law as it was left by the amendment Of
1869 was much less destructive to executive
discretion: and yet the great general and pat
riotic citizen who on the 4th day Of March, 1869,
assumed the duties OF chief executive, and for
whose fTeer administration OF his high Office the
most hateful restraints OF the law of 1867 were,
on the 5th day of April, 1862 removed, mindful
of his obligation to defend and protect every
prerogative of his great trust, and apprehen-
sive of
THE INJURY THREATENED
the public service in the continued operation OF
these statutes, even in their modified FORM IL
his first message to congress advised their re.
peal and set forth their unconstitutional char.
acter and hurtful tendencies. I am unable to
state whether or not this recommendation for a
repeal OF these laws has been since repeated. It
it has not, the reason can probably be found in
the experience which demonstrated the fact that
the necessities of the political situation but
rarely developed their vicious character: and so
it happens that after existence of nearly
twenty Years OF. almost mucous desuetude, these
laws are brought forth. apparently the repealed
as we'll as the unrepealed and then put in the
way OF an executive who Is willing, it permitted,
to attempt an improvement in the methods of
administration. The constitutionaity OF these
laws is by no means admitted. But why should
the provisions OF the repealed law which re-
quired specific cause for suspension and report
to the senate of evidence and reason" be now
in effect applied to the present executive in
stead Of the law afterward passed and unre-
pealed, which distinctly permits suspensions by
the president I'm his discretion" and carefully
omlts the requirement. that evidence and rea-
sons for his action in the case" shall be reported
to the senate? The requests and demands
Which by the score have for nearly three months
been presented to the different departments of
the government, whatever may be their form,
right Of the senate to sit in Judgment upon the
exercise of my exclusive discretion and the ex-
ecutive function, for which am solely RESPONSE
bic to the people, from whom have so lately
received the sacred trust of Office My oath to
support and defend the constitution, my duty
to the people, who have chosen me to
execute the powers OF this great Office and not
to rellnqu1sh them, and my duty to the chief
magistracy, which must preserve unimpaired
IN all its dignity and vigor, compel me to refuse
to comply with these demands. To the end that
vited to the fullest scrutiny of the persons sub
mltted to them for public ofic. in recognition of
the constitutional power of that body to advise
and consent to their ppointment.
WILL CONTINUE,
as have thus far done, to furnish, at the re-
quest of the confirming body, all the informa-
ton possess touching the fitness OF the nom
inees placed before them for their action, both
when they are proposed to fill vacancies and to
take the place Of suspended officials. Upon re-
fusal to confirm, 1 shall not assume the
OF the senate, nor question it's determination.
cannot think that anything more is required
to secure worthy incumbents in public office
than careful and independent discharge of our
respective duties within their wel-de6ned linn
it's. Though the propriety OF suspensions might
be better assured if the action OF the PRESIDENT
was subject to review by the senate, yet if the
constitution and the laws have placed this
responsibility on the executive branch of the
government it should not be disturbed nor the
discretion which it involved relinquished. It
has been claimed that, the present executive
having pledged himself not to remove Off
Gals except for cause, the fact of the sus-
pension implies such misconduct on the part
Of the suspended officer as Injuries his
character and reputation, and therefore
the senate should review the case for his vindi-
cation. hi:ve said that certain officials should
not, in my opinion, be removed during the con-
tinuance Of the term for which they were APP
pointed solely for the purpose of putting in their
places those in political utilization with the APP
pointing power, and this declaration was imme-
dia'ely followed by q description of official
partisanship which ought not to entitle those in
whom it was exhibited to consideration. is
not apparent however, whether the course thus
announced carries with it the consequences de-
scrlbed. If In any degree the suggestion is
worthy Of consideration, it is to DO hoped that
there may be defense against unjust suspen-
sion in the justice of the executive.
THE PLEDGE WHICH HAVE MADE,
by which have placed limitation upon my ex-
ercse of executive power, has been faithfully re-
deemed. OF course the pretense is not put forth
that no mistakes have been committed, but not
suspension has been made except it appeared
to my satisfaction that the public welfare would
be improved thereby. Many applications for
suspensions have been denied, and the adher.
ence to the rule laid down to govern my action
as to such suspensions has caused much irrita.
tion and Impotence on the part of those who
Ia have insisted upon more changes in the offices
The pledges have made were made to the peo-
pie, and to them am responsible for the man
ner in which they have been redeemed. am
not responsible to the senate, and am un-