Savannah morning news. [volume] (Savannah) 1868-1887, 1886-02-09
AS 40 REMOVALS.
How the President Is Sustained by Many
Preced ents.

From the Baltimore sun.
WASHINGTON, Jan. 31.-A Mary
land gentleman furnishes the fol-
lowing interesting statement OF histor-
acaI precedents sustaining the Presdent's
c0urse
''lfthere he anything in precedent" he
says, "the President is abundantly forti-
fed in Withholding from the Senate the
reasons which may have prompted his &C
ton in the past, or which will affect 1t in
the future. In the very first Congress
which was held after the government
went into operation. IN discussing the DiiI
TO organize tine treasury department ihe
question arose whether the President IN a
case where the tenure OF office was not
liked by the constitution could remove
an officer of the government WitnogI
an act OF Congress authorizing him 10 40
go.
THE question was most earnestly as
cussed, in a Congress whose temper was
known to be jealous OF the executive pow
er, and by the very men VINO had framed
4 the constitution and who may be said to
have had its first breath sun iIesh upon
Them. Mr. Madison, who JIG said 'to have
seen the constitution IN its cradle, ana TO
have held it at arms length IN its lnian-
cy,' was one Of the most active partici-
pants in the elaborate discussion which
the question then underwent. He ardent
" advocated the power OF removal from
office as one inherently belonging to the
Executive and one which be could eXeT-
Else without any act OF Congress. he
held 10 TO be a power necessary to the
President TO enable him TO take care that
the laws be faithfully executed" Mr..
Madls0n's view prevailed, and the result
was decision affirming the power OF re-
moval from Office TO be one properly be-
longing to the Executive. The result has
iH practice been acquiesced in up to the
present time; and during the various
mutations of parties since 1889, II has
been practically conceded that 1t was a
power TO be exercised by the Executive
under the responsibilities attaching TO his
ofhce.
1T is true there have been those, whose
opinions in matters OF this sort are enti-
tied TO the highest consideration, who
have questioned the wisdom and proprie-
" of this decision as a matter Of cOnsti-
tutional construction. Mr.. Calhoun
claimed that under the constitution all
grant OF power to the executive depart
ment of the government was made IN eX-
press terms, and that there could be no
extension Of the express grant by any i'm
plication OF power TO that department,
unless assisted by an act Of Congress pre-
scribing the manner of its exercise, draw
ing distinction between the executive
and legislative departments, and holding
that the power conferred en- the latter to
make all laws necessary ana proper 10
carry its own powers into execution, and
also whatever power is vested in the gov
eminent or any OF its departments or Off
GERS, required an act of Congress as a ne
cessary adjunct to the exercise Of any
power by the Executive where not confer
red in express terms.
ut is well known that Mr.. Webster en-
tertained a similar view. In his speech
IN the Senate in 1855, as well as his great
Wing speech ia the city OF Richmond in
1910, and in an address before the Nation
al Republican Convention at Worcester,
Mass, be made the same contention, that
the power OF removal was but an Incl
dent Of the power Of appointment and
that as result If the one required the
consent Of the Senate so did the other.
His speech in the Senate excited comment
because, IL was claimed, he had fallen in
TO the line Of the strict constructionists,'
and is said to have drawn upon him the
fierce 1nvectiVe OF John Quincy Adams,
then member Of the House of Represen-
tatives.
Mr.. Websters intellect, which usually
delighted in seizing and dwelling upon
the most comprehensive relations which
the subject afforded, IN this instance,
seems to have preferred to coin all the
subtle arguments which his wonderful
resources afforded against the exercise of
power by the Executive which be
seems to have regarded with dread
to the bill before the Senate, which
contained clause ''that the fact Of the
removal shall be stated to the Senate at
the same time that the nomination is
made, with statement Of the reasons for
which such officer may have been re-
moved" Mr.. Webster used the following
language; "The bill, it's to be observed,
expressly recognizes and admits the
actual existence OF the power Of removal.
do not mean to deny, and the bill does
not deny, that, at the present moment, the
President may remove these officers at
Will, because the early decision adopted
that construction, ana the laws have since
uniformly sanctioned 1t. The law OF 1920
intended TO be repealed by this bill eX-
pressly atirms the power. ] consider il,
therefore, settled pOint-settled by con-
struction, settled by the practice OF the
government, and settled by statute. At
the same time, after considering the ques-
ton again and again with the last six
years, ! am willing TO say that in my de-
hberate judgment the original decision
was wrong. cannot but think that those
VINO denied the power in 1889 mad the best
OF the argument; and yet will not say
that know myself SO thoroughly as TO
affirm that this opinion may not have
been produced in some measure by that
abuse Of the power which has been PASS
Ing before our eyes for several years. IL
IS possible that this experience Of the evil
may have affected my view OF the con-
stitutional argument" That was a noble
confession TO set before the mastery
argument that followed. The great orator
knew that has feelings had been strongly
moved, and that his judgment might be
warped, and be was honest enough to say
so. But were that immortal statesman
now ornamenting the Senate chamber by
his presence. impressed, as he would
have TO be, that this administration is
conducted by one who detests as heartily
rs he did "the spells principle" and that
the rules OF the cVil-serYice reform are
the pillars upon which il rests, be would
doubtless revise the Judgment formed in
1885, and al least be content TO stand upon
the rule OF "stare decisis."
Should the President see NJ to depart
from the rule aud waive the long line OF
precedents lset up by former administra-
lions, be VIII be addinga Herculean task
70 those already on his hands. II the
wedge is once entered there will be no end
20 calls for information, aud for the reasons
which have induced the removal OF every
Federal oficeholder. The most inviting
and fruitful field for angry discussions
will be opened, and an opportunity con.