The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-03-02

UI LuC Il ICdAACnN LIS
and completely abandoned the re-
quirement obliging him 10 report to
the Senate "the evidences and rta-
fons" for his action. With these modi-
fcations and with all branches Of the
government in political harmony, and
in the absence OF partisan incentive ID
captions obstruction, the law as it was
left by the amendment Of 1869 was
much lees destructive Of executive dis
erection. And yet the great general
and patriotic citizen who, on the 4th
OF March, 1859, as umed the duties OF
Chief Executive, and for whose freer
administration Of his high Office the
most hateful restraints OF the lave
1867 were on the 9Th day OF April,
1869, removed, mindfdl OF his obliga-
ton to defend and protect every pre-
Iogative Of his great trust, and appre-
hensive Of the injury threatened the
public service in the continued
operation Of the statutes even in
their modified form, in his first
message to Congress advised their
repeal and set forth their unconstitu.
tional character and hurtful tendency,
am unable to state whether or no;
this recommendation for a repeal OF
these laws has been since repeated. III
it has not, the reason can probably be
found in the experience which demon
strated the fact tia. the necessities of
the political situation but rarely devel-
oped their vicious character. And so
il happens that after an existence Of
nearly twenty years OF almost inno;u-
GUS desuetude, these laws are brought
forth, apparently the repealed as we'll
as the unrepealed, and put in the way
OF an executive who is willing, ii per-
miitsd, TO attempt an improvement in
the methods of admi listration.
THE coNsTITUTIoNALITY OF THESE LAWS
is by no means admitted. But why
should the provisions of the repealed
law, which required specific cause for
suspension and a report to the Senate
OF evidence and reasons" be now in
effect a1d applied 10 the present eX-
eCtive instead Of the law afterwards
passed and unrepealed, which dis
tinCtly permits suspensions by the
President Sin his discretion" and care
fully omits the requirement that
"evidence and reason tor 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
different departments Of government,
whatever may be their form, have but
one complexion. They assume the
right of the Senate to sit in judgment
upon the exercise Of my exclusive die
erection and executive function, for
which l am solely responsible
to the people from whom l have
30 lately received the sacred trust.
My oath to support and defend the
constitution; my duty to the people
who have chosen me to execute the
powers of their Office and to relIn-
quish them, and my duty to the Chief
MagistIacy, which / must preserve
unimpaired in all its dignity and
vigor, compel me TO refuse to comply
with these demands. To the end that
the service may be improved, the
Senate Is invited to the fullest scrutiny
of the persons submitted to them for
public office, in recognition CT the
constitutional power of that body to
advise and consent to their appoint.
ment. / shall continue, as have thus
far done, to furnish, az the request of
the confirming body, all the informa-
ton possess touching the fi.ness of the
nominees placed before them for their
&C ion, both when they are proposed to
fill vacancies and to take the place of
suspended officials. Upon a Refused 10
confirm / shall not assume the right
to ask the reasons for the action Of
the Senate nor question its determine
ton. l cannot think that anything
more is required to secure worthy in
cumbents IN public office than care
full and independent discharge OF our
respective duties within their we'll de-
fined limits. Though the propriety OF
suspensions might be better assured
if the action OF the President was
subject to review by the Senate, yet if
the constitution and the laws have
placed this responsible i!y upon the
executive OF the government it should
not be divided nor the discretion
which it involved relinquished. It
has been claimed that the present ex-
ecutive having pledged himself not to
remove officials except for cause, the
fate OF their suspension implies such
misconduct on the part OF suspend
ed official as Injuries his character and
reputi alton, and therefore the Senate
should review the case for his vindi-
cation.
ALL PLEDGES FAITHFULLY REDEEMED.
l have said that certain officials
should not, in my opinion, be re-
moved during the continuance of the
term for which they were appointed
solely for the purpose of putting in
their place those in political utilization
with the appointing power; and this
declaration was Immediately followed
by description OF official partisan
ship which ought to enttle those in
whom it was exhibited to conhdera-
ton. 1t Is not apparent how al adj
herence to the course thus announced
carried with it the consequences de-
scribed. If in any degree the sugges-
ton is worthy OF consideration, it Is to
be hoped that it may be a defense
against unjust suspension in the
practice of tie executive. Every
pledge which l have made by
which l have placed a limitation upon
my exercise of official power has been
faithfully redeemed. OF course the
pretense is not put forth that no mis-
takes have been committed; but not
supervision has been made except it
appeared to my satisfaction that the
public welfare would be improved
thereby. Many applications for sus.
pension have been denied, and the
adherence to the rule laid down to
govern my action as to such suspen.
sion has caused much irritation and
Impotence on the part Of those who
have insisted upon more changes
in the offices. The pledges have
made were made to the people,
and to them am responsible
for the manner in which they have
been redeemed. am not responsible to
the Senate, and l am unwilling t. sub
NIT my actions and official conduct to
them for judgment. There are no
grounds for an allegation that the fear
OF being found false 10 my professions
=: u..a...'o -, =, l., Jaal;Ninu 80 81, limit IN