St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-02-22
Edmunds' Manifesto.
COTEMPORANEOUs IMPOSITION.

To the Editor OF the Globe:
! Issues of a startling nature and for politi-
cal purposes for use in presidential success
sion are now in order. The powers Of the
! president, as uninterruptedly exercised. are
called into question for the first time in the
history Of the government.
The political opponents of President Cleve-
land masquerading under the leadership of
( senator Edmunds, suffering from an attack
I OF presidential bee in his bonnet. present a
/ series OF resolutions and an elaborate report
No existing statute upon the subject mat
Ter OF inquiry Is quoted, but the claim Is
] based upon usage and cOtempOranc Gus expo
/ sitiOn 20 justify IL.
IL will be noted that the usage Is recent in
/ its origin, dating only from the passage Of
the civil service act by congress.
To warrant the exercise OF such power IN
Challenged, the senator must show either that
the trainers OF the constitution by these e1-
positions in the convention as TO the full
meaning and import OF the specific clause 10
which tie presidential prerOgative attached.
that the predecessors OF President Cleveland
so understood ana acted upon il. and the rule
so acquiesced in by ali parties, that il has RI
penea into custom, carrying with il the
binding force aud efficacy OF q law. as they
must show that the constitution has placed
within the power of the senate Limitation
upon the presidents power or appointment.
Senator Edmunds disclaims any express
power. but claims Il a. an incident 10 the
power conferred upon the senate, without
which IL cannot act inteligibiy.
He bases the claim that 10 refuse the infor-
nation called for by the senate i an interfer-
ence with its discretion, and, tas / claim il
logically concludes that the senate has the
right 10 appropriate 10 Itself information
upon which the president exercises z discre-
tonery power exclusively cOuhded ia him.
ANY exercise of power by the legislature
which limits or controls the free exercise of
a vested mower yyifhOur law IN Sunur,rr II l.
obnoxious TO the constitution and no usage
can give it vitality. IL is true that the heads
OF departments are not servants OF the presi-
dent, but they are servants OF the people, ow-
ing direct responsibility 10 the executive and
and are presumed 20 obey the laws as well Us
perform all sworn duties.
1t is not competent Tor the legislature I'M
der the SpeciOus plea OF incidental powers. TO
invade the domain of judicial inquiry, nor
can the legislative branch by a resolution
transform Itself into n tribunal of final resort
Ito adjudicate the rights of persons or prop
erty.
Where the duties of the officer arc discre-
tOnary in their character, no abuse can be
remedied or inquired into, unless the incum-
bent thereof i restrained BY the patent IN
huence OF some statute defining such duties
Let me illustrate: Can il be said the president
snouid, II called upon, appear before the SEN
ate TO show cause why, Tor reasons his judg-
ment approved. he had exercised the power OF
OlASlai SA puisloA- VIII u le Claimed that
such acton can be maintained. III not. upon
what theory, or by what process can the pres
ident OF the United States be Invested, 10y
request OF the senate. of the means in his
possession To warrant the exercise OF an gd-
United power, Dear in mind I'm this connection
that refusal 10 give sucn Information in no
manner abridgcs, limits or impairs the power
OF the senate 10 adopt its own means Is TO
any necessary information To guide its indie
pendent action, nor does II interfere with its
admitted discretion.
Where the power lodged in a statute or in
the organic act is dual in It's CHARACTER IN the
consideration of abstract righ.I aud no
particular mode defined Tor its
separate exercise, any investigation which
touches either the rights OF persons OF prop
erty, assumes at once u judicial character
and hence is beyond legislative control.
Acts based upon the exercise OF a sound
discretion, unless there Is "A fragrant abuse OF
power embodied in n statute, cannot be re-
viewed 10y any judicial process and much les
by legislative resolutions which refuse TO dis
close the object or purpose of such an in
quiry.
Such refusal IS by implication ri least an
unwarranted distrust of executive impair
TALLY. and infercntially charge of IA wan
ton violation OF IA sworn duty.
The statutes cited in bebaif of the soldiers
as TO appointments under section 1854 X. :.
is wonderfully refreshing IN view OF the TACT
that Gems. LOnEstrcet and Mosby Of gorilla
fame enjoyed official emoiunenIs from Re
publican administrations for a period OF
twenty years. Concessions 10 those who
fought for the flag and by reason thereof
earned the gratitude OF their countrymen.
seem 20 have been misdirected whcu en-
trusted TO the grand OLD party.
IL may seriously bc doubted whether dis
elimination a between citizens respecting
the right 20 hold ofHcc based upon special
services rendered is obnoxious 10 the cOnSti-
tuition. IL should be observed without the
sinews OF war being furnished the efforts OF
the soldiers would have been abOrJivc.
il must be apparent that those who titled
the earth and furnished the capital TO con-
duct the war 10 a successful termination
should not be punished los the Republican
party with exclusion from office for the sole
reason thar they had failed TO render military
To the absolute power OF removal when senate
is not I'm session i fixed in the fundamental
act.
The president would be recreant 10 his
trust 10 surrender 20 the legislature his un-
questioned prerogdtive- No such concession
can legally be eXactcd from him.
Republican institutions can only be pre-
served through an inEexibe regard for all
constitutional limitations
Neither uSageS manufactured for political
capital as contemporary expositiOUs can
properly be allowed 10 add TO the natural
boundaries OF TIE law IntcrpOlate any
meaning contrary to its plain text.
Innovations with no sanction. EXCEPT by
doubtful powers by implication, are fraught
with dangerto free government. Yours re-
specially, JAMES ". DAVIS.