Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1886-03-06
NUMBER ID.

The Senate belongs to the legislative brancn
of the Government. When the Constitution
bv express provision supcradded to its legis
latiye duties the right 10 advise and cOnsentto
appointments L Office and to sit as court OF
impeachment, 1t conferred upon that body
all the control and regulation of executive
action supposed 70 be necessary for the safety
of the people, and this express and special
grant OF such extraord nary powers, not in
any way related to or growing out OF general
Senatorial duty, and in itself departure
from the general plan of our Government,
should be held under familiar maxim OF
construction to excl de every other right OF
Interference with Executive functions.
Iu the first Congress which ass mbled after
the adoption of the Constitution, comprising
many who aided in It's preparation, egis-
latiVe construction was given 10 that instru-
ment in which the independence OF the Exec
utive in the matter of removals from once
was fully sustained. | think II will be found
in the subsequent discu sons of this ques-
ton there was generally, if not ali times,
proposition pending to in some way cnrtail
this power OF the President by leg Station,
which furnishes evidence that to limit SUCH
power II was supposed to be necessary 10
supplement the Constitution by such legisia'
ton,
The first enactment of this description was
passed under a stress Of partisanship ana
political bitterness which Gu minated in the
Presidents impeachmr mt This law PROVIDED
tHat the federal officers TO which itapplied
could only be suspended during the receSsor
the Senate. when shown by evidence satlS-
conduct in Office, or crime or when incapa'
bic or disqualified to perform their duties,
and that within twenty days OF the next
meeting OF the Senate it should be the duty
of the President ito report to the Senate
such suspension, with the evidence and
reason for his action in the case This
statute. passed in 1867, when Congress
was overwhelmingly and bitterly op-
posed politically TO the President,
may be regarded as an indication
that even then it was thought necessary by
dot "a in
of the Executive to legislative will to furnish
itself law for that purpose instead of at
tempting to reach the object intended by an
invocation OF any pretended constitutional
| right.
The law which thus found its way to our
| sta ute book was plain in its terms and IT'S
| intent needed no avOwal. If valid and now
| In operation. IL would justify the present
/ Senate and command the obedience of the
/ Executive TO its demands 1t may, however.
/ be remarked passing, that under this law.
/ the Pres IdCnt has the iVllegc Of presenting
| to the body ch assumed to review his exc
! cutlve acts his reasons there or, instead OF
! bong excluded from explanation or Judged
/ by papers found in the department.
/ Two years after the law OF lobI was passed,
and within less than five weeks after the in.
| auEuratiOn OF a Pres dent in political accord
| with both branches OF congress the sections
/ OF the act re xulatinV suspensions from office
during the recess OF the senate were entirely
| repealed, and in their place were substituted
| provisions which, instead of limiting the
causes of suspension to mis- -Onduct, crime,
disability or disqualification, expressly per-
| mitted such suspension by the President 'ln
his discretion" and completely abandoned
| the requirement Oblging MIN to report to the
Senate the evidence and reasons for his
| actions.
with these notifications and with all
| branches of the Government in political har.
mony, and IN the absence of partisan inceD.
tive to captiOus obstruction, the law rs it was
left b, the amendment Of 1863 was much less
destructive OF executive discretion And yet
the great general and patriotic citizen who,
on the ifh day Of Mar h, 1863, assumed the
duties of Chief Executive, aud for whose
freer administration of bis high office the
most hateful restraints Of the law of 1861 were,
on the jth day Of April l,dJ, removed mind
tul of his Obligation TO defend and protect
every prerOgatlYe of his great rust, and ap-
prehensiyc Of the injury threatened the pub
lie 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 uuc Institutional
character ani hurtiul tendency. | am unable
TO state whether or not tn recommendation
. for u repeal of these laws has since been re-
, peated. Ii it has not, thr reason can probably
, / be found in the experience which Demon.
stratcd the fact that tue necessities OF the po-
htcal situation but rarely developed their
, vicious character,
And 50 Il happens that after an existence
. / of nearly twenty years OF almost innocuouS
desuetude, these laws are brought forth, ap-
parently the pea.ed is well as the unre-
]
who is willing, II permitted, TO attempt an
, improvement III the mt lhous OF Hdmlnstra-
, ton. The cOnstitutlDLulty of these laws lS
!, by no means admitted. But why should the
, provisions of the repealed law, which re-
auired 81 ecihc cause tor suspension and a
/ report to he senate Of evidence ana rea'
= sons" be now, in effect, applied to the pres.
! eut Executive instead OF law, aiterWaTd
. passed and uurepeulpi which distinctly per-
mits su epensions by the Pres dent I'm bis dis
p cretion,' ana carefully 9mlJs the REQUIRE
! ment that evidence and reasons Tor ms
; action in the case shall be reported to tho
Senator
. The requests and demands which by. the
score have for nearly three months been
resented to the different dcpartm nts OF
the Government, what ever may be Their
n form, have but one complexion. They as
{ sumo the ght of the senate to SIT IN Judg'
y ment upon the exercise OF my exclusive
i discretion and Executive Junction, for wh!cu
!, . am solely responsible TO the people from
h whom have so lately received the sacred
a trust of Office VI oath to support and de-
n fend til Constitution, my duty to the people
. ! who have chosen ne to execute the powers
. ! of their grt at Office ana not to rclnqulsn
, them, and my duty TO the (het Muglstracy
n which must preserve uuimpalred toa its
q / dignity and N.-CE compel inc 10 REFUSE u
!. I comply with tEese demands,
Tothe end that the service may be i'm
$ proved the senate is invited to the fullest
9 I scrutiny of the persons submitted to them
5 for public office, in rccogn ton of the con.
u eklllll'Ilt lhNtG Nl illul lh'll 20 dNlNl-t hAl
v consent 10 their appointment, will continue,
/, as have thus far, done, TO furnish at the re-
c quest OF the confirming body, all the lntorma
c ton ! possess touching the fitness OF tue
d nominees placed before them for their ctiun
+ both when they are proposed TO I'LL vucarcies
d ard take the place OF SUSPENDED otiic.Ss
n UpOua refusal to confirm shall not as
y sumo the right to ask the n asuns Tor tht
e action Of the Senate, nor question its de
=. termination. can not think tlat anything
: more i r. uircd to secure worthy incun
It hents in public otice than careful and indie
4. pendent discharyr of our respective dute,
y within their well defined limits. Though tht
n propriety of suspensions IN ght be better as
'e sured If tie action OF the resident was sub
70 iect to review by the senate, vet ii the Con
4. StitutiOn and the laws have placed this re
n. spousihility upou the Executive branch OF The
H. Government i should not be divided nor 'ht
d discretion which it involved relinqui>hed
y 1t has been claimed that the present EXe
s, cutive. having pledged himself not to remove
y officials except tor cause the tact of theii
% suspension implies such misconduct on the
n part of Il suspended official as it INJURIES hi,
If character and reputation, aud therefore the
II Senate should review the case tor MS Vindt
n cation.
Ic have said that certain officials should
Z not, in my opinion, be removed during lht
continuance of the term Tor which they wcri
e. appointed solely for the purpose of puttinl
Is in their place those in political aiiiliatoi
" with the appointing power; and the de- lara
o tiOn was Immediately followed by q descrp
H. to entitc those in whom IL was exhibited &c
,; consideration. II i not apparent how an ad
II hercnCe tn the course thus announced car
e ries with il the consequences described. II
L. in any degree the suggestion is worthy of con
sideration. II is to hc hoped that there may
e. he defense against an unjust suspension IL
II the Justice OF the Executive.
re Every pledge which have made by whict
y ! have placed q limitation uuon NV eNerCis,
s of Executive power has been faithfully re
q. deemed. OF course the pretense is not pu
T. forth that no mistakes have been committed
e. but not u suspension has been made except 1
II appeared to my satisfaction that the publ,
e welfare would he impro we'd thereby. Nam
~ applications for suspension have been denieC
IN and the adherence to the rule laid down q
govern my actions rs to such suspenslou
'e have caused much irritation and i'm
nr patience on tbe part of those who have IN
pr sisted upon more changes In the offices
TO The pledges have made were made To th'
le people and tothem am responsible for tn,
manner in which they have been redeemed
he ] am not responsible to the Senate, and ! an
le unwilling to submit my actions and oifcla
to conduct to them for judgment. There are M
n. grounds for an allegation that the fear of he
no ing found false to my professions influence
IN me In declining to submit to the demands o
e. the Senate, | have not constantly refused 4
m suspend officials, and thus incurred the dis
Of pleasure of political friends aud willtull!
ID broken faith with the people for the sake o
is being false to them,
IL - 81. 49,.