The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1886-03-05

lives because they We're not in party atiliatiou
with the majority OF their associates; anu re,
call a few suspensions which bear the approval
of individual members identified politically with
the majority III the senate. While, therefore, l
am constrained to
DENY H IGH OF THE SENATE
10 the papers and documents described, 80 far
as the right to the same is based upon the claim
thai they are in any view OF the subject ofttciaL
| am also led unequivOCally to dispute the rlGht
Of the senate, by the aid OF any documents what,
ever, or in any way save through the Juulclal
process OF trial or Impeachment, 10 review OF re-
verse the act Of the executive, in the suspension
during the recess OF the senate or federal OF
fcials. | believe the power to remove or Sus-
pend such officials Is vested In the president
alone by the constitution, which in express
terms provides that the executive power shall
be vested in the president of the United states or
America" and that he shall take care that
the laws be faithfully executed. The
senate belong to the legislative branch
OF the government, When the constitution by
express provision superadded TO its legislative
duties the right TO advise and consent TO APP
pointments to office, and TO sit as a court or I'M
parchment, 1t conferred upon that body all the
control and regulation Of executive actions sup
posed TO 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 Fl N the general plan OF
our gOvcrnment-should be held, under a famll-
lar maxim OF construction, to exclude every
other right OF interference with executive tunc--
lions, IN the nfSG congress WHICH dSSeLhDlGu
after the adoption of the constitution, comprising
many who aided in its preparation, legislative
construction was given 10 that instrument, In
which the independence Of the executive in the
matter of removals from Office was fully sus-
tanned. | think IL will be found that in the
subsequent discussions Of this question there
was generally, if not at all times, a proposition
pending in some way Curtailing this power OF
the president by LEGISLATION, which furnishes
evidence that TO limit such power it was sup
posed TO be necessary to supplement- the con-
800 #,veF H- ar,aH ll-s,larg@,, NJ 2f-,t 1Nnnk
ment OF this description was passed I'M
der a stress OF partisanship and poltt-
iCal bitterness, which eliminated in the
presidents Impeachment. This law provided
that the federal officers TO which it applied could
only he suspended during the recess of the sem
ate, when shown by evidence satisfactory to the
president TO be guilty of misconduct in office or
crime, or when incapable or disqualified to per-
form their duties. aad that within twenty days
after the next meeting of the senate it should be
H DUTY OF THE PRESIDENT
TO report to the senate such suspensions, with
the evidence and reasons for his action in the
case. This statute, passed in 1867, when con-
gress was overwhelmingly and bitterly opposed
to the president, may be regarded as an indica-
ton that even then it was thought necessary by
q congress determined upon the s~ubjugation of
the executive to ~legislate at will to furnish
itself a law for that purpose, instead
of attempting to reach the object in
tended by an invocation of any pretended
constitutional right. The law which thus
found its way to our stature book was plain in
us terms, ana us intent needed no aYOw8L. Ii
valid and now In operation, II would justify the
present course OF the senate, and command the
obedience of the executive to its demand. 1t
may, however, be remarked in passing, that, IN
der 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 from explanation or by papers
found in the departments. Two years after The
law Of 1867 was passed, and within less than
five weeks after the Inauguration of q president
in political accord with both branches Of con-
gress, the sections OF the act regulating suspen-
sions from office during the recess OF the senate
wers entirely repealed. and in their place were
substituted provisions which. instead OF
limiting the causes Of suspensions
tQ. misconduct, crime, disability and
SusseasiSn BY the f4ssidshht in psi his discretion En1@
and completely abandoned the requirements
obliging him to report to the senate The evil
dence and reasons" for his action. With these
notifications, and with all branches of the gov
ernmentin 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 to executive
discretion; and yet the great general and pat
riotic citizen who, on the 4th day of March, 1863,
assumed the duties of chief executive, and for
whose freer administration or his high Office the
most hateful restraints of the law of 1867 were,
on the 9Th day of April, 1869, removed, mindful
of his obligation TO defend and protect every
prerogatiye Of his great trust, and apprehen-
siye Of
THE INJURY THREATENED
the public service in the continued operation of
these statutes, even in their modified form, IN
his first message to congress advised their re-
peal and set forth their unconstitutional char
acter and hurtful tendencies. i am unable to
state whether or not this recommendation for Q
repeal of these laws has been since repeated. Ii
1t has not, the reason can probably be found In
the experience which demonstrated the ract that
the necessities Of the political situation but
rarely developed their vicious character: and so
it happens that after an existence OF nearly
twenty years of.almost mucous desuetude,t these
laws are brought forth. apparently the repealed
as we'll as the unrepealed, and then put IN the
way of an executive who Is willing, II permitted,
to attempt an improvement in the methods OF
laws is by no means admitted. But why should
the provisions or the repealed law, which re-
CURED specific cause for suspension and report
to the senate of evidence and reason, be now
In effect applied TO the present executive, in
stead OF the law afterward passed and unre-
pealed, which distinctly permits suspensions by
the president In his discretion, and carefully
omits the requirement that evidence and rea-
sons for his action in the case" shall be reported
60 the senate? The requests and demands
which by the score have for nearly three months
the government, whatever may pc their form,
have but one complexion. They assume the
right Of the senate to sit In judgment upon the
| exercise of my exclusive discretion and the ex-
| ecutive function, for which / am solely responsi-
| Bile to the people,, from whom l have SO lately
! received the sacred trust OF ONCE. MY oath e
| support and defend the constitution my duty
to the people, who have chosen me *
| execute the powers OF this great ONCE and no
| to relinquish them. and any dnty to the chic
| magietracy, which 1 must preserve untmpairet
in ali its dignity and yigor, cnmpel me 70 refuse
10 comply with these demands. To the end tina
the service may be improved, the senate is In
yited to the fullest scrutiny OF the persons sub
mitted to them for public cfic. in recoenition Q
the constitutional power Of that body TO adyis
and consent to theira ppointment.
I WILL Continue,