Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1886-03-05
THE ISSUE WITH THE SENATE.

President Cleveland sent a message to
the Senate Tuesday III which he clearly de-
fined his position on the respective rights
belonging to the Executive and the Sen
ate in the matter of creating and filling
vacancies in office. AS to she former he
holds that the Senate has absolutely moth
ing to do with it. AS to the latter, filling
right to know everything connected with
the man sent for their confirmation. His
message concludes as follows:
The first enactment of this description
was passed under a stress of partiSa nship
and political 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 Senate when
shown by evidence satisfactory to the Pres
ident to be guilty OF misconduct in Office
or crime or when incapable or disqualified
to perform their duties. and that within
twenty days after the next meeting of the
Senate it should be the duty of the Preas-
dent s'to report to the senate such suspeM-
sion, with the evidence and reasons fog
his action in the case" The statute.
passed in 1867, when Congress was over
whelmingly and bitterly opposed political
ly to the President, may be regarded as
an Indication that even then it was
thought necessary by Congress deter
mined upon the subjugation OF the Exec
utive to the legislative will to furnish it
self law for that purpose instead of at
tempting to reach the object intended by
an invocation of any pretended constitu-
tional right. The law whish thus found
its way to our statute-book vas plain in
its terms and It's intent needed no avowal.
If valid. and now in operation, it would
Justify the present course of the Senate
and command the obedience of the Exec
utive to its demands. 1t may, however,
be remarked in passing that under 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 irons
in the departments. Two years after the
law of 1887 was passed, and within less
than FIVE weeks after the inauguration of
a President in political accord 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tirely repealed, and in their place were
substituted provisions which, instead of
limiting the causes OF suspension to mis-
conduct, crime, disability, OF disqualified
ton, expressly permitted such suspension
by the President I'm his discretion" and
completely abandoned the requirement
bliging him to report to the Senate ''evi-
deuce and reasons' for his action. With
these notifications and with all the
branches of the Government 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 of the Execu-
tive discretion. Yet a great general and
patriotic citizen, who, on the 4th day of
March, 1859. assumed the duties of Chief
Executive. and for whose freer admins
tration of his high office the most hateful
restraints of the law of 1867 were on the
5th day of April, 1869, removed, mindful
of his obligation to defend and protect
every prerogative of his great trust, and
al nrehenslve of the injury threatened the
aria g service in the continued operation
pf fEess statutes, even in their modified
FORM tb1,," unconstitutional character,
and ;,artfnt ,,>udency, said: sit may be
wei; tn mnutiof2 here the embarrassment
nossihle "a asiss }, -nm leaving on the
statute books the SO, Co. 'ea ten ure- of-of.
fee acts and to e&sn6ss.T iecoLhneho
their total repeal. 1t could Doe 'a'e oeoh
the intention OF the trainers CT Tho Con
stitution when providing that the appo.u 1-
ments made by the President should re-
ceiye the consent OF the Senate that the
latter should have power to retain in office
persons placed there by Federal appoint 4
ment against the will Of the President. |
The law is inconsistent with the faithful
and efficient administration OF the Gov
eminent Wha6 faith can an Executive
put in officials forced upon him, and those
too whom he has suspended for reasons
How will such officials be likely to serve
an Administration which they know does
not trust them?"
am unable 20 state whether or not the
recon- mendation for the repeal OF these
laws has since been repeated. 1t 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 vic
ions character; and SO it happens that
after an existence of nearly twenty years
of almost innOcuOus desuetude those laws
are brought forth apparently repealed as
well as unrepealed, to attempt an improve
nont in the methods of administration
THE constitutionality Of these laws is by
no means admitted; but why should the
provisions of repealed law which requlr-
ed specific cause for suspension and report
to the Senate of ''evideDce and reasons"
be now in effect applied 20 the present
Executive, instead Of a law afterwards
passed and unrepealed, when oiSIinSbiy
nernits SUSPENSIONS by the President Tin
his discretion, and carefully omih' the
requirement that evidence and reasons for
his action in the case ''shsll 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, have but one complexion. They
assume the right of the Senate to sit in
Judgment upon the exercise of my eXclu-
sive discretion and executive function, for
which l am solely responsible to the peo-
pie, 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 their great office,
and not to relinquish 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 the SER
vice may be improved, the Senate is lnvl-
ted to the fullest scrutiny Of persons sub
mitted to them for public Office. In rec
ignition OF the constitutional power of
that body to advi and consent to their
appointment, Shall cOnGluue, dS uaVo
thus far done, to furnish. at the request
of the confirming body. all information I
possess touching the fitness of nominees
placed before them for their sction, both
when they are proposed to fill vacancies
and to take the place of suspended officials.
Upon the refusal to confirm shall not as
sumo the right to ask the reason for the
ction of the Senate, nor question it's de-
ermination. cannot think that anything
more is required TO secure worthy lncum-
oents IN public office than careful snd in
dependent discharge of our respective
uties within their well-defined limits,
,hough the propriety of suspensions might
be better assured If the action of the Pres