Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1886-03-13

olicc oI SenAtCrial duty IL can tAe1y DE re-
moved. The Ispers and documents which
have been described derive no oflasl chsrac-
Ter from any constitute nal, statutory or other
requirement making tn IN nece sssry 10 the
performance OF the IN stal duty OF the execW-
i've. liz will not be denied, l suppose, that the
PRESIDENT may suspend q pubic th1 ,er In the
en.l 81, aosenee OF any papers or 70
aiu ME OH aal Judgement and discretion, nnd
l en- quite prepared to svow that cases are not
rev Ia witch suspensions from tffice have de-
pended cnore upon oral req reservations by
cauz .hs known 10 be OF good repute, aud by
mein oers OF the House OF Representatives,
auo senators Of the United States than upon
any tetters sud documents presented FOR
nv exsmiossion. l have not telt justifed
IN euspecusg the $erscity and patriotism
OK senators or ignoring their rep
RESERVATIONS because they were not In the
psrty utilization witt q majority OF their ~asso-
caates, an& l recalled q few sur pensions which
near Inc approval CT members !dent'he'i po-
nticaliy with the msjority OF the Senate.
while, therefore, am constrained TO deny the
right or the Senate TO the papers and docu-
ments described, as far a. the right to the
same Ia based ugon the claim that they are In
any Wow OF the sui ject o6,cial, | au led un-
tQuivicolly to dispute the right OF the Senate,
by aid OF any documents whatever, or 10 any
way save through judicial process OF trial or
Impeachment TO review or reverse an act OF
the executive In the suEr ansiop during the re-
cess OF the Senate, Of federal officials. l be-
leve the power TO remove or suspend such
official Is vested in the President alone by the
provides that the executive powers
shall be vested 10 q President OF the
United States OF America" and that "he shall
take care that the laws be faithfully ex. cuted."
The senate belongs TO the legislative branch
OF the government. When the constitution,
by express provision, superadded TO It's leeis-
lattve duties the right TO advise and consent 10
appointments to Office, and to sit as a court OF
Impeachment, 1t cor ferred upon that body all
the coT rol and regulation OF executive action
suppOs ID to be necessary for the safety OF the
pee pie. and this express and special grant OF
such extraordinary powers is not In any way
related TO or growing out OF the general sena-
torias duty. and In its departure from the gen
eral plan OF the government ehould be held
under a familiar maxim nf construction To
exclude every othe- right OF interference wfth
the executive functions.
yHE INDEPENDENCE CT THE EXECUTIVE.
In the first Congress, after the adoption of
The constitution, comprising many who aided
Ia its preparation, Legislative construction was
given that instrument In which the independ-
eDce OF the executive In the mstterof removals
from office WAS fully sustained. ain Il will
he found that in subsequent discussions of this
question there was generally, II not a. all
times, q proposition pending IN the way OF the
"a NohA vi ahhF OVN Va VIC Il CtL O1
latiou which furnishes evidence that to limit
such power was supposed 10 be necessary to
supplement the constitution by such legisla-
ton. The first enactment OF this description
was passed under stress Of partisanship
and political bitterness which eliminated ia
the Presidents impeachment. This law
provided that federal officers TO which
II applied could only be suspended
during the recess OF the Senate when
shown by evidence satisfactory TO the Presi-
l'dent TO be guilty OF misconduct In office, or
crime, or when incapable or disqualified to
perform their duties, and that within twenty
doys after the next meeting OF the Senate It
should be the duty OF the President 'to report
10 the Senste such suspensions with the EVIL
dence and reasons for hts action In the case"
This statute, passed In 1861, when Congress
was overwhelmingly and bitterly oppcsed pc
)iticsllv to the President, may be regarded as
An indication that even then It was THOUGHT
nee assary by Congress to determine upon the
sur jngaiion OF the executive 10 the legislative
will 10 furnish a useful law for that purpose
instead OF attt noting TO reach the object by an
inv cation OF any PRETENDED constitutional
right. The law which thus found its way TO
our statute books was plain IN its terms and
It's intent needed no avowal. II valid,
and now In operation. 1t would JUS
ttfy the present course M the
Senate and command the obedience OF the ex-
ecutive to It's demands. II msy. however, be
remarked. In passing, that. under this Jaw. the
President had the privilege Of presenting 10
the body which assumed 10 review bic execri-
tive acts his reasons therefor. instead OF being
excluded from explanation or judged from pa
pars found in the departments. Two Yeas
after the law Of 1867 was passed. and within
less than five weeks after the inau gurstion Of
the President in political accord with both
branches OF Congress, the sections OF tie Sc
regulating suspensions from eff &c during re-
cess Of the Senate were repeated. and in their
place were substituted provisions which, IN
stead Of limiting the suspension 10 UiEcOn-
Duct. crime, disability or disqualification, ex-
presslv permitted such susp nsion BY the
President. sin his discretion" and completely
sbandoned the requirement obligiDg BIN 10 re-
port 10 the Senate 'the evidence and reasons
for HIS action. With these notifications, and
with oil the branches Of the government in
political harmony, and In the absence Of parti-
san Incentive 10 csptious discussion, the law
"a II was left by the amendment OF 1884 was
much less destructive Of executive discretion
and yet
THE GREAT GENERAL AMI PATRIOTIC CITIZEN,
who, on the An day Of March. 1859, assumed
the duties of chief executive, and for who's
freer admiDi. tratioL OF the high Office the most
hateful restraints Of the law OF 1877 were ON
the 9Th day OF April, 1863. -emoved mindful, OF
his obligation 10 defend and protect every pre-
negative Of his great trust, and epprehensive
vi "A II hhoN NL1 RdOil1 Y =
In the continued operation OF these statutes,
even In their modification, in his trst message
to Congress advised their repeal, and set forth
their unconstitutional character and turtfui
tendency. | am unable to state whether
or not this recommendation for the Ie-
peal of these laws has been since repeated Ii
II has rot, 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 Il happens that after al extension OF
nearly twenty years Of almost continuous dis
use Il ese avs are brought forth, apparently,
repealed as well as uprepealed. and put In the
way Of the executive who is willing, X per-
mitted, TO attempt Improvement Ia the methods
OF the administration. The constitutionalit
OF these laws Is bv no means admitted, but
why should the provisions Of u repealed law,
which required specific cause for suspt nsion
and report to the senate OF 'evidence and rea-
son. he now, In effect, applied to the present
executive instead OF "a law, afterwards passed
and unrcpesled, which distinctly permits sus-
pensions by the president Sin bis discre-
iion," and carefully omits requirements
that 'evideOce and reasons for his action
In the csse''I shG-ll be reported 10 the Senate.
The requests and demands which by the score
have for nearly three months been presented
TO the different departments OF the govern
naent, whatev n NAV be their form, have but
one complexion. They assume the
E4lHT oF THE ENATE TO SIT IN JUDGMENT
urop The eyercfse az my eyacut3va function