Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-03-02

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sio sis oc.eial judgment and diacretioa,
M Am gate prepared 90 svov % at
tce eaees are not few in which sospeu
Sons from od1cs have depended more
% oral REPRESENTATIONS made to Qae by
citizens OF known good rep1te and BY
members Of toe House of Represen,s
uves and Senator'S of the United states,
thsn upon any letters and documents
presented for my examination have
not FELT Justified in snspectine the vera
eits and patriotism Of Senators, nor IN
lenorine their representations. becsuse
tnsy were not In party afhliaIisn vita
zoe majority OF their associates, and I
recall fes saspenslons which bear the
approval Of individual members iden-
tined politically With the msjorliy in
toe Senate. While, therefore, | am
Constrained TO deny the right of -
senate TO the pagers and decoments
described. So far as Q night 10 the same
10 based upon the claim ID at they are In
any yies OF the subject official, am
also led unequlvosaliy to dispute she
hight OF tae Senate, by aid of ary decu
Hents whatever, or 10 any vay ave
through the Judicial process of ,rial on
lmpeachment, to review or revise an act
OF the Executive In the suspension dur
ing q recess of the Senate of Federal
ofncials. | bslievs that the power to
remove or suspend such officials is vest
ed IN The President alone uy the cobsti
totion, which IN express terms provides
toat toe executive power snail be vest
cd IN President of the United States
81 America" and that ''he shall take
care shat the laws be faithfully exc
cuted-" The Senate belongs to the leg
isiative branch OF tie Government.
when the constitution by express pro
vision supersddsd to Its legislative do
tiss the right to advise and consent to
appointments to office, and to SIT As a
court OF imReAshment, II conferred
upon that body all the control and reg
ulafion OF executive action supposed 10
be necessary for the safety of the peo
pie; and this express and special grant
OF such extraordinary powers, not In
any Way related to or growing out of
general Senatorial duty, and IN itself a
departure from the general plan of Our
Government, should be held under a
familiar maxim of construction 20 ex
clude every other right of interference
With the executive functions.
In the first Congress which assem- led
after the adoption Of the constitution,
comprising many Who aided In its prep
aration, legislative construction was
gwen to that instrument, 10 which the
independence of the Executive in the
matter OF removal from office was fully
sustained.
think 1t will be found that in subse-
quent discussions Of this question there
H.
proposition pending to in some way
eartail this power of the President BY
legislation, which furnishes evidences
t1af to limit saoh power IL vas sap
p 'sed to be necessary to supplement
tue Consultation by sueh legislation.
The hrst enactment Of this desc Upton
VAS passed under q stress Of partisan
ship and political bitterness, which cul
minated IN the Presidents impt aoh
ment. This Law provided that the
Federal officers TO which it applied
could only be suspended during
= recess OF the senate. when
shovn by evidence satisfactory to the
President to be guilty of misconduct in
once or crime or when incapable or dis
qualified 20 perform their duties, asd
mat within twenty days after the next
meeting Of the senate is should be the
duty Of the President to report to the
S-na'e such suspension with the evi
dence and reasons for his action in the
case. This statute, passed in 1867
when Congress was over shelminRIy
aud bitterly opposed politically to
the President, may be regarded "a an
indication that even then it vas thought
necessary by q Congress determined on
the subj aRation of the Executive, To leg.
islate in order 10 furnish itself with a
lay for that purpose, instead of at
tempting to reach the object intended
by an invocation of any pretended CON
stitutional rights. The Law which thus
found its way to our statute books was
plain In its terms. and its intent needed
no avowal. IL valid and nov in
operation, it would Justify the
present course of Size Senate, and
would command the obedience Of the
Executive to its demands. Ii may, how
ever, be remarked in passing, that under
this law the President had the privilege
Of presenting to the body which as
sumed to review his executive acts, his
reasons therefor, instead of being ex-
cluded from an explanation, or judged
by the papers found in the departments.
Two years after the Law of 1867 was
passed. and within less than five weeks
after the inauguration Of Pres;dent
IN political accord With both branches
of Congress, the sections of the act
regulating suspensions from office dur.
ing the recess of the Senate, were
entirely repealed. Ia their place
we're substituted provisions which,
instead OF limiting the cause of
suspension to misconduct, crime.
disability or disqualification, expressly
permitted such suspension by the Presi-
dent in bis discretion and completely
abandoned the requirement. sbliaine
him TO report to the Senate the evidence
and reasons for his action With these
notifications and with all branches of
the Government in political harmony,
and IN the absence of partisan iuoen
tive to oaptioss discussion. the lax
Of 1863 vas much loss restrictive
II the executive discretion. and yet the
great General and patriotic citizen who
on the 4th day Of March, 1869, assumed
the dates Of chief executive, for whose
freer administration Of bis high office
the most hateful restraints of the Law Of
1867 we're on the 9Th day Of April, 1863.
renewed, mindful of his obligation 10
defend and protect every preroeative of
his great trust, and apprehensive Of th .
injury threatesed the public service in
the continued operation of these stat
utes, even in their modification, in bis
first message 60 Congress advised their
repeal. and set forth their unconstita-
tionAl character and hurtful tendency.
/ am unable TO state whether
or not this recommendation for tho 70
peal of these laws has been since re-
peated. IL IL has not, the reason o an
probably be found in experience, which
demonstrated the fact that the Aecessi
ties Of the political situation bat rarely
developed their vicious character, and
80 10 happens that after "a extension of
nearly twenty years Of innocuous de-
suetude these laws are brought fsrth.
the repealed As we'll a. the unrepealed.
and pat in the way Of an Executive Who
Is willing. II permitted. TO attempt an
improvement In the methods Of admin
stration. Toe sonstitutionatisy OF these
laws 10 by no means admitted, bot Why
should the provisions OF the repealed
Law which required specific cause fer
suspension and the report TO the senate
of "ths evidence and reasons" be nov
in effect applied TO the present Execu