Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-03-05
and its intent. needle no ayowal

would justify the present course OF
the Senate, and would command the
obedience of the Executive to lite de-
manis. 1t may, however, be re-
marked 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 be,
ing excluded from an explanation,
or judged by the papers found in
the departments. Two Years after
the law of 1861 was passed, and
within less than tiv. weeks after the
Inauguration of u President in pol
tca accord with both branches of
CouSress, tho sectious Of the act re-
,ulauns SUSPENSE lis from Office dur
ing the Iecess of the Senate, were
entirely repealed. In their place
were substituted provisions which,
instead of limiting the cause Of sus-
pension to misconduct, crime, dis
ability or disqualification, expressly
permitted such suspension by tho
President in his .h.scre ion AMI com
pieteiy abandoned the requirement
obliylng hun to report to the Senate
the evidence aud reasons for MS ac
tons. With these modification and
with all branches vi the Government
in political harmony, and III the alb
sence of partisan incentive to cap
t'ous discussion, the law as 1t Was
left by the amendment of 1869 was
much less restrictive of the execu-
tive discretion, and yet the great
General and patriotic citizen who on
the 4th day of March, 1869, assumed
the duties of Chief executive, for
whose freer administration of 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 pro
tect every prerogative of his great
trust. and apprehensive of the in
jury threatened the public service in
the continued operation of these
statutes, even in their modification.
in his first message to Congress ad-
vised their repeal, and set forth their
Unconstitutional character aud hurt
Jul tendency. l am unable to state
whether or not this recommendation
for the repeal Of these laws has been
since repeated. If it has not, the
reason can probably in found in ex-
perience, which demonstrated the
fact that the necessities of the pol
itical situation but rarely developed
their vicious character, and so it
happens that after all extension of
nearly twenty years of innocuous des-
uetude these laws are brought forth,
the repealed as we'll as the 1nre-
pealed, and put in the way Of an
Exc :utive who is willing, if per
United, to attempt an improvement
in the methods OF administration.
The constitutionality of these laws is
by no means admitted, but why
should the provisions of the re-
pealed law which required specific
cause for suspension and the report
to the Senate of the evidence and
reasons" be now in effect applied to
the present Executive, instead of the
law afterwards passed and unre-
pcaled which distinctly permits sus-
pensions by the President in his dis
erection and carefully omits the re-
quirement that "tha evidence and
reasons for his action in the case
shall be reported to the Senate?
The requests and demands which
by the score have for nearly three
months been presented to the differ
ent Department of tho Government,
whatever may be their form, can
have but one Interpretation. They
assume the right of the Senate to sit
in Judgment upon the exercise OF
my executive functions, for which ]
am solely responsible to the people
from whom l have SO lately received
ths sacred trust of office. My oath
to support and defend the consti-
tuition, my duty to the people who
have chosen me to sustain the execu
tive powers of their great Office and
not to relinguish them, and my duty
to the Chief Magistracy, which
must preserve unimpairsd in all its
dignity and vigor compel me to re-
fuse to comply with these demands"
To the end that the public service
may be improved, the Senate is in
vited to the fullest scrutiny of the
persons submitted to them for public
Office. In recognition of the con.
stitutional power of that body to
advise and consent to their appoint
ment, 1 shall continue rs I have thus
far done, to furnish at the request OF
the confirming body all the infor'
nation possess touching the fitness
of nominees placed before them fol
their action, both when they are pro.
posed to fill vacancies and to take the
places of suspended officials. Upon
q refusal to confirm I shall not as
sumo the right to ask the reasons.
l cannot think that anything more is
required to secure worthy incum.
bents in public Offices than careful
and independent discharge OF oui
respective duties within their well
defined limits. Though tho pro
priety Of suspensions might be bet
ter assured if the action OF the
President was subject to reviow by
the Senate, yet if the Constitution
and the lays have placed this respon'
sihility upon the Executive branch
of the Government, it should not be
divided. nor the discretion which il
involves relinquished.
It has been claimed that the pre-
sent Executive having pledged him
self not to remove officials except
for cause. the fact of their suspen'
sion implies such misconduct OF
the part of the suspended official
as INJURIES his character and reputa-
ton, aud therefore the Senate should
review the case for his vindication
l have said that certain officials