The Red Cloud chief., 1886-03-05

s.k ~ W dSNbfed HUI fpi-ffi 10 cNtDs EffrsUf1
To Office and tn st a. court OF Impeachment
N conferred upon that body ali III. control
ana regulation OF eNecntV We action supposed
to lie necessary for the saie;y of the people,
and this express and special graz, OF such
extraordinary powers, no; IN any way related
fc or growing out Of general Senatorial duty
ana I'm itself a departure from the gcLeraI
pan OF our Government. sEoui6 he held un-
der n familiar maxim OF the conrttut on to
exclude every other right of interference
with executive functions.
ORIGIs or 1HE PRESIDENTS RIGHTS.
In the hrst Congress which assembled after
The adoption of the constitution. comprising
many who aided in its preparation, n leg sta-
i've construction was 2ivcn 10 that in-tru-
nent IN which the Independence OF the. e.
ecntIve In the matter at removals from osice
was fully sustained. l think II will To- found
that IN the subsequent q scus.ion 81 this
question there was generally IL rot al all
I mes n proposition pend ny -. In some way.
cnrtaii this power of the President by leg Ia
ton. which furn shes evidence that 10 limit
snch power IL sa- supposed 10 to- necessary
10 suppl-arat ;he constitution By such !cg!s-
Iation,
TIE first enactment, 81 this description WAS
passed under II process Of partsansh = and
political BITTERNESS, which eliminated IN ma.
Presidents impeachment. This law provided
that the Federal officers "a which u app,I-i
could only To- suspended !ur ng In. recess OF
the senate when shown by evidence s~lti-iac-
tori 10 tire President tod. ga !iy OF macon
duct IN once or crime. or when tncaEabic or
disqualified to perform Their duties. aud that
within twenty day after the next uir.tu.
of the senate u should lie the duty at ib.
President 20 report to tie Senate such F4--
pension with the evidence ana reason for n.
acton In the cas".' tins statute. pa--ri IN
l-f. when Congress WIS oycrw helm ugiy and
bitterly opposed politically 20 The President.
may l." regarded a. m indication that even
tns u u was thought necessary ty afoEg:'S-,
determined upon the >ubjugA;i0n OF thc
cN"cuiIN" 10 tir,. Legislative viii. To- iGtn ii
if>"li u law for thai purpose. instead %! at-
I tempting TO reach IA" object intended hy an
/ 81 k'g.atlDn OF any IF..fsf tie "A FsyIsAF t.f Gri4l
rght- The law which 'hu- found - way TO
our statute book was I' plain terms aud T.
intent needed no aIowIL 81 ya4 Il and noS
in operation II would justify the present
cnur-c OF the senate and command the oa..-
dlcn'c ni The executive To It, demand u
may. however. bc remarked ia passing that
under the law the Pres dent has The privilege
of presenting to 'hc tody wh cG a-.uIncd
To review his executive nci-hi- IAa~uns there
tor instead OF being excluded from sNplana-
ton or Judged 10y papers found IN the de-
pariEcnts.
REPEiIISG STATUTES.
Two years after the law "i i-1s was passed,
and within less tEaB i've weeks after the IN
nugIrui on OF "a Pres dent IN political accord
with both ranches of 'oi9rcs-. the sections
of III" act regulating Suspensions from Office
during the recess oi the senate were cnt rely
repeated and ia their places were substituted
provisions, which. instead OF Limiting iIc
causes o' su-p"ns.on 10 misconduct or me.
disability or d qualification. expressly per
united such suspension Toy th" President IN
hi discretion, anu completely abandoned the
r'qui rclncui obi gipg hun To report to the
senate the evidence and reasons for h =
actions. with ihr~. mod Gcnt.ons and With
all branches of the Government in political
t~ariVony. and IN the ahs"nc" Of partisan n
cent ives to capiiou-p E~fru"tonstb the Ia" "a IL
waSlcft by the amendment q; l6' ~ns much
les, destructive of Executive Il secretion.
And yet ii" great Generally" patriotic ctti-
"E-wh on March 4. I-t", assumed ~" du-
ties of Chief EN'outIv W.. aud for whose ir".r
| ADM -tTaiIon OF hrs high Office the most
hateful restraints of III" iIw of IHG' w"r" On
the fifth day -! ADTil, l-'I'. removed. III ndiul
/ oi his mitigation To defend aud protect every
prcro@atiyr oi h : great Trust, and ippr'.-
ErnSitc 1f IN" injury threatened tn" pi!i'IIc
service in the cont nu-d operation q! these
statutes even in the + Modified form. IN 'r~
first passage to tongr"-- advised the r",t.d al
and set forth Their unconstitutTona riIiTiic-
ter and hIriiul tendency.
am unable To state whether or mot tins
recommendation for a repeal of these laws
ha> Lccn since repeated. II u ha~ not mo
reason van probably h" found in IL" expo
ri, nee VIII oh demonstrated the Tact that the
nccc>sar.cs OF the political >ltuai on hut
rircl, Developed their vic Gus character.
Aud 80 IL Inpp"rrs thai after nn existence %!
nearly twenty years Of almost IHn"rI"uS
lrSlr'ud" these laws are brought forth. APP
pnr"ntiy The repealed as wei a. the unr"-
p"alch. and put in TIA" wav OF AN Executive
VINO ~ willing. II permitted. la attempt an
Improvement in the methods of admini>tra-
t.pn.
The fitutinnality of these laws i by no
means adm TIED. hut why should the pro-
i l-a.fl ~ A"' " \" ~ NV ~ " =
specific cause for suspension and a. report Ia
the Scani" at evidence aud reasons" lee
now. in effect. applied Ia tn" present cNccu-
tive instead Of the law. aitcrwarti la>-,"l ara
unrcpculcd. which distinctly permits >u~-
pensions u, the President IN MS discretion
and cnr"full' "mte the rcgn rcm"n; that
.'ey dcncc and -ca>onS for his actions III the
case shall Ice reported To ia. senate.
SENhIpRiAI .>>I NITIpS.
THE requests and demands which 10y tho
score have Tor nearly three months been
presented To- the Il icrcUt departments Of
the Government. whatever NAV hc thcr
form. have hut one coinp!cNion-thcs assume
the r ght of the Scuat" To- 81 in Judgment
upon tine exercise. oi nav exclusive "a secretion
aud executive junction, Tor which | H"n
sulclr responsible Ia tho people from whom
I,laNc 81 lately Tcce Ne! the sacred trust or
Office. My oath 80 support and defend the
ronSt tuition. NV duty Ia In" people Who
have chosen me - cN"rc.>c the powers OF
their great o,iicc AMI not Ia rclinguiSh my
duty Ia the chief mag >tracy- which ] must
preserve uninpHir'd III all Is dignity ?nd
vigor. compel me To rcitl-e To comply with
th"~" Demands.
stro the end that the service may hc i'm
proved. III" senate l. invited 4" the fullest
scrutiny of IN" persons submitted To them
for public office, M recognition OF the consti-
tut "nai power ~; That body To advise and
consent to their atIp ntIn, M. ana ! >'iJlI COR
tIuuc. ~ | have thus tar some. to furnish ut
the request oi the confirming body aiI In" III
formation | possess tpuCn ~ the Illness al
the nominees placed before them tor Their
action both when they are proposed 'o al!
vacancies ana IN TAKE IlNfs - rO>iffilItO
officials. and upon the i'iu~ai Ia Couhrm l
shall not aS>un" the = rbt 10 ask the reasons
for the action of the senate or question its
DIET 'rm nation.
quirci Ia secure worthy iEciIIntcut~ n pull =
oil3cc than a careful and independent dis
well defined limits Though the ErovI3":r ~
suspensions IN yhr tr better assured II tao
/ action az the President WAS subject Ia review
h., the Senate. yet II the constitution and the
| laxv. ia,.. Minced this sa-t,ps hrIfk nHtstn Fl,
executive branch OF IN" Government II
should not tee divided nor the DISCRETION
1 which II involved rclInguiShea
ri.Eis.E> ~iEiiEENEp.
IL has heer claimed that the present cNecu-
tive having pledged h m>elf moi Ia remove
officials except tor cause. the tate q! Their
SUSPENSION implies such misconduct on the
rart OF n suspended official ~ IN urCs his
character and reputation. and therefore the
Senate should review the case Ter has N'rti-
cation. | have said that certain officials
should not. in NV on Mon. lie removed
during the continuance az the term ter
which they were appointed so'"ly Tor
the purpose of putting n then place
those IN political aif'i at on with the ap-
pointing power. and this declarHt On
was mined alciN followed Nv II description
ot official craftsmanship which ongn' MT to
entitir those in whom Il MAS exhibited Ia
con~iderat. on. IL i not apparent how al
adherence to the course thus announced
carried with { the Consequences deserted.
II nunv degree the surgrs; On - WORTH -
cons drrafon II il To te hoped that there
may he defense against uDtu>: Suspension m
the Justice Of the executive.
Every pledge which | have made hS wh'ca
I have placed n limitation urO1 INV cNcrrse
Of executive power has been faithfully re-
deemed. of course the prc;ci>c - nos per
forth that no mistakes have been committed.
hut not 4 Suspension has been made cNccpt
il appsarsi Ia Ia "a. s.ac:iOu that the pun.
lie welfare would be improved thereby.
N.Niy applications for su>i en>on have been
dcae1. ard the adherence In the ruAc sa.d
down to govern nv action ~ Ia such su>;cn-
: ons have caused much irritation and I'M
patience on the part Of those who have III
sisted npou more changes N the oihc'> =
| The pledges I have made were made to the
people. and to thea | an rreponsstle
tor the manner in which they have tecn re-
deemed. am not responsible for the SEN