Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-17

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recent message TO the communication OF
King Charles |. Mr.. Maxey said the
slmilitude did not exist. The fatal imbe-
cility that brought the King to the block
by the semblance of court--a court Or
gauized to cOnvict-wOuld not be found in
this case.
NO CHANCE FOR CROMWELL.
He who would attempt to play the role
Of a Cromwell here would find that this
was not the country for IL, nor this an oc-
casiOn for it. A Cromwell mad not yet
been born who, IN the name of the Senate,
could grasp the constitutional powers
vested in the Executive Of this republic.
After complimenting the speeches of
Messrs. Pugh and kenna, Mr.. Maxey
proceeded with his own argument. How
ever much the issue might be disguised,
he said, the real object was to ascertain
the Presidents reasons for suspensions or
removals of officers. Ii was an attempt
TO do indirectly what contessedly could
not be done directly. The report OF the
majority of the committee Mr.. Maxey
characterized as simply stump speech
dRnified with the name of committees
report.
MORE REMOVALS WANTED,
Complaint was made in that majority
report that 6A3 suspensions had been made
under this administration. The COM
plant made by the people, Mr.. MaXey
said, was that there had not been ten times
643 removals. The significance Of the
election OF 1884, as he construed IL, was
that the people wanted change from the
Republican to Democratic methods, prin-
ciples and policy. Whatwas wanted and
expected was Democratic administra-
tlon root, stem and branch. Genuine civil
service reform demanded that the Execu-
tive, who was required by the cOnstitu-
tion TO take care that the laws were faith
fully executed, should have the selection
Of honest and competent agents in accord
with the policy indicated by his election.
Any attempt 10 conduct an administra-
tion through officers hostile to its policy
would necessarily prove failure.
THE MAJoRITY's OBJECT.
The object of the majority of the Judi
ciary Committee was to stop the removal
of Republicans from office. Stripped of
all unnecessary verbiage the simple issue,
was: Where and in whom
was the power of removal lodged by the
constitution? 20 The minority of the Sem
ate stood not only on th e letter Of the con-
stitution, but upon the decisions OF the
fathers, recognized by the first Congress,
by all succeeding Congresses, by the
courts and by commentators on the con-
stitutiOn. For the first time in the his
tory of the country the act OF Congress OF
1857, known as the tenure-Oi-otfice act,
set at naught all the principles established
since the foundation Of the government.
THE ACT UNCONSTITUTIONAL.
Mr.. Maxey reviewed at some length the
features OF the tenure-oi-otlice act, and
cited a large number OF authorities TO
snow, as be maintained, its unconstitu-
- ha aafn in tho cal m
light Of sober reflection, was amazing.
The constitution invested the President
with all executive power, except 80 far as
IL qualified that power in the matter Of
treaties and appointments. The respon-
sbility for the execution Of the laws
rested with him, and that responsibility
was to the people and not to the Senate.
IL the President did not faithfully perform
his duties he was liable TO Impeachment
by the House Of Representatives and TO
be tried before the Senate; not then, how
ever, as a legislative but as judicial
body.
POWER OF REMOVAL.
The power of removal from Office was
essentially matter Of executive power.
The constitution now here restricted the
exercise Of that power. Those who in
sisted that the power of removal was
Joint power, to be exercised by the
President and Senate both, would find no
ground for their contention in the con-
stitutton, the decisions of courts, or the
practice OF the government. Such con-
tention was to MIR. MaXey's mind trans
parent fallacy. He did not class the
power Of removal as an incident OF power
OF appointment-as had been done by the
Senator from Vermont. The power OF
removal was substantive power given
. IN 4 DraufflaF4f ~ tho pnngfIfntfOn. IN the
end that he might comply with the pro-
vision Of the constitution, which required
him to take care that the laws shall be
faithfully executed"
EARLY DEBATES.
Mr.. Maxey referred to the debates in
the first Congress on what be regarded as
this very question, which debates, he
said, had never been surpassea In ability
by any OF the debates OF Congress. He
quoted az some length from prominent
participants in the debates referred to-,
and argued that the weakness OF the Re-
publican position in the present debate
was abundantly shown by the extracts
which he had read, which extracts clear
~ showed that the power of removal was
held to be in the President alone. Yet, in
violation OF the unbroken precedents Of
more than seventy years, In which vari-
Gus political parties had controlled the
government, the Republican majority In
Congress in 1867 took dangerous step by
the passage Of the tenuTe-of-0tlice law.
THE OBJECT TRANSPARENT.
Was there any man, be asked, 80 blind
as not 10 see the object OF the Republican
majority OF the Senate In this struggle
aud was there any man 50 blind as not TO
see that the object was 10 keep the present
Republican OficehOlders in possession OF
their places. even against the will Of its
administration, andiof the whole people
that put the administration in power
II the Senate had the power to insist upon
the production Of papers which went 10
show reasons for removals or suspensions,
IL had just as good a right 10 insist on
knowing what part OF the evidence bad
contributed 10 removals or suspensions.
such statement OF the question only
showed the absurdity Of the whole claim.
THE PRESIDENTS POSITION.
II the President were guilty OF an i'm
peachable Oilense, he was responsible TO
the peoples representatives., and would
be impeached by them. But the Senate
should not attempt by It's action 20 invade
the constitutional right OF the President
By insisting that he sh0uld continue bad
men In government Offices, while the pe0-
pie held the President responsible for a
faithful administration OF the laws. Mr..
Maxey quoted from the recent speech OF
Mr.. Sherman In the Senate, In which IL
was stated that "nobOdy proposed 10 con-
troll the discretion Of the President and
Insisted that the action or the Senate in
the matter under consideration was an