Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-19
SENATORIAL USURPATI0N
MIR. BROWN PUNCTURES MIR.
EDNIUNDS WITH A PIKE.

aud Suspensions.
WASHINGTON, March 1S.--ln the SEN
ate to-day, at : O'Clock, the judiciary
Committees resolutions concerning At
toruev General Garland came up. Mr.
Von Wvck offered as an amendment to
the resolutions the following;
"And in all such cases Of removal the
matter.of confirmation Shall be consld-
cred in open session OF the Senate"
Mr.. sewell, occupying the chair, re-
marked: "The amendment will be printed
aud lie over."
MIR. Brown then took the floor in oppo-
sition to the report of the majority
Of the committee. MIR. Brown said
it seemed to him that there was but sim
Gle question at issue between the Presl-
dent and the majority Of the Senate. That
question was ''Had the President, with
out the advice and consent of the
Senate, power to remove federal
officer when, in his opinion,
public interest required such remoValW
This was practically a legal question. As
the constitution was the supreme law if
ii conferred the power of removal on the
President alone that settled the question.
No matter how many acts Of Congress
migbt have been passed in violation of the
constitution if the constitution did not it
self directly confer the power. but con-
ferred upon Congress the power TO leg1s-
late upon that question, then we must
look to the acts Of Congress in determin-
ing the power OF Presidential removals
whether with or without the consent of
the Senate.
THE-CoHsTIEUTIoN.
"Let US examine the constitution" Mr..
Brown then read from the constitution
sections relating to Executive power to
show that the President possessed the
whole of that power except as to particu-
lars IN which the constitution specifically
qualified. 1t did qualify the appointing
power of the President as to certain Off
GERS by requiring the advice and consent
of the Senate to their appointments, but
placed no such qualification on his power
of removal. After an examination of the
constitution 70 establish these points Mr..
Brown took up the question OF contempO-
raneOus construction and the precedents
established by the practice of the govern
uent, beginning with the year 17s9.
DECLARATIONS OF MADISON.
he quoted the declarations of distin-
guished members OF the first Congress on
a question involving substantially, he
said, the question involved here. In that
debate Mr.. Madison had declared: "It is
said that it comparts with the nature of
things that those who appointed should
have power to remove. But do not con-
ceive that this sentiment is warranted by
the constitution Mr.. Madison had also
said: "If you say an officer shall not be
displaced but by and with the advice of
the Senate, the President is no longer an
sWerable for the conduct OF the officer"
Mr. Brown cited a number of extracts
from the decisions of Chief Justice Mar
shall and from Judge StOry's work on the
constitution and opinions OF Attorneys
General to prove that the responsibility of
the President was not TO the Senate, but
to the people, in cases of removals from
Office.
ABUNDANCE OF TESTIMONY.
I'VE have, them" he said, concurrent
the testimony of our most distinguished
commentators, Judges and Presidents,
and number of the most distinguished
Republican statesmen, as well as the un-
broken practice OF different Presidents
through all the administrations from 1888
TO 1867, that the President had the power
without consulting the Senate, to remove
Federal officers, whether civil or military.
SO much for constitutional construction
on the question for the first three quar-
ters OF a century of the republic. UnfOrtu-
nately at the end OF that period two sec
tions of the country became engaged in
civil war.
JOHNsON's ADMINISTRATION.
At the end of that struggle the domi-
nant party in Congress, at a time when
passion and prejudice were at the highest,
found in the chair President Andrew
JOhnsOn) elected by them as Vice Presi-
dent, VINO had been a Democrat all his
life, ahd had been put upon the Re-
h1igan fipLyaf Of Ar,
consistent Union man. The feeling OF
antagonism between President Johnson
and the Republican majority of the Sem
ate became intensified, and they deter
mined, in order better TO serve their party
purposes, 10 hedge him in, so that he
should not exercise powers that for three
quarters OF a century had been exercised
by the President. Congress then. in 1867,
PASSED the tenure Of office law. Mr.
Brown recited at length sections OF the
law, showing that it required the Presi-
TENT TO give the Senate, among other
Ihings, evidence and-reasOns--for sus-
gehulng officers during the recess Of the
Senate.
THE MODIFICATION.
lie stated that. when passion had in
sOme measure subsided, that the section
was modified in 1869 under the administra-
uon OF President Grant so as among
o.ueI tmngs TO dispense with the state
InehI OF reasons. II the law Of 1867, he
salu' were the law to-day, and were 10
aScoraance with the constitution there
was was no doubt that the Senate could re-
quIe tAe President to give to the Senate
os'uence and reasons for his removal Of
Su Ohcer. But the modification Of the
IsN made in 1869 did not require the
l5slueht to state the evidence or reasons,
,lut auu so lar as removal was concerned it
puV the law back to where it stood before
s sae aeI Oh lS61 was passed, ana where the
-0's0ltution had placed the matter.
WHAT 1T ALLOWED.
~ empowered the President, in his dis
oreuoh, without producing any evidence,
~, ,tlElng any reason,0r sending TO the Sem
, NV any papers, 10 suspend any civil Off
, s appointed by ana with the advice and
4 tke"9ehJ OF the senate, except judges Of
s lv courts, until the end OF the next ses-
,,H v,DH on the Senate. Mr.. Brown then took
" "a number of cases cited in the report
os 1le majority OF the committee, and,
eI anaiyzing them, asserted that the
ppotn.s involved were not similar to the
,tVint mere IN question. and that the cases,
.elore, afforded no support for the ar
e''Neut attempted TO be based on them.
no JURISDICTION.
ne continued "The Senate has no
~. ys.ilsulctlon Of the question OF suspension
removal Of officers" In attempting to
r4eIylse any such jurisdiction the Senate
pea an authority not conferred upon