The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1886-03-12

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It conferred upon that body all the control
and regulation Of executive action supposed
to be necessary for the safety Of the people,
and this express and special grant or such
extraordinary powers, not in any way related
to or growing out of general Senatorial duty
and in itself q departure from the general
der a familiar maxim OF the constitnt on to
exclude every other right Of interference
with executive functions
In the nrst Co Ts which assemSied arser
the adoption Of the constitution. comprising
many who aided in its preparation. iegisla-
tive construction was eiven to that instru-
ment in which the Independence of the. ex-
ecutivc In the matter OF removals from Ofiice
was fully sustained. think IL will be found
that In the subsequent scussiOn of this
times proposition pending t., in some way.
curtail this power of the President by leg sla-
ton. which furnishes evidence that to limit
to Supplement- the const. tuition by such Iesis.
latiOn,
The first enactment OF this description wao
passed under process OF partisanship and
political bitterness. which eliminated in tho
Presidents impeachment. This law provided
that the Federal officers to which it applied
could only be suspended during the recess OF
the Senate when shown by evidence satisfac-
tory to the President to be guilty of miscOn-
duct in Office or crime. or when incapable or
disqualified to perform Their duties. and that
of the Senate it should be the duty of the
President to report TO the Senate such eus-
pension with the evidence and reason for his
action in the case" This statute, passed in
1861 when Congress was Overwhelmingly and
bitterly opposed politically to the President.
may be regarded as an indication that even
then it was thought necessary by Congress.
determined upon the subjugatiOn Of the
executive to the legislative will. to furnish
itself a law for that purpose, instead Of at
tempting TO reach the object intended by an
Invocation of any pretended cOnst .tutiOnal
right. The law which thus found its way to
our statute book was in plain terms and It's
intent needed no avowal II valid and now
course of the Senate and command the obe-
dience of the executive to it's demand. 1t
may. however, be remarked in passing that
under the law the Pres dent has the prlvilege
to review his executive acts his easOns there.
for instead of being excluded from cxplana-
ton or judged by papers found in the de-
partments.
REPEALING STATUTES.
Two years after the law of ls6. was passed,
and within less than five weeks after the in.
augurat on OF q Pres dent in political accord
with both branches of Congress. the sections
Of the act regulating suspensions from Office
during the recess of the Senate were entirely
repeated and in their places were substituted
provisions which. instead OF limiting the
causes of suspension to misc Onduct crime,
disability or disqualification. expressly per-
mitted such suspension by the President in
his discretion, and completely abandoned the
requirement OLliging him to report to the
Senate 1.-THE evidence and reasons" for his
actions. With these notifications and with
harmony. and in the absence of partisan in
centives to captiOus distractions. the law as IL
was left by the amendment of 1859 was much
less destructive of Executive d secretion.
And yet the great General-the patriotic citi-
Zen-whO on March 4, 1850, assumed the du-
ties Of Chief Executive. and for whose freer
administration of his high Office the most
hateful restraints of the law of 1867 were on
the fifth day of April 1859, removed, mindful
of his obligation to defend and protect every
prerOgative Of h great trust, and appre-
henSive of the injury threatened the public
service i'm the continued operation of these
statutes even in Their modified form in his
first passage to Congress advised their repeal
and set forth their unconstitutional charac-
ter and hurtful tendency.
am unable to state whether or not this
recommendation for Il repeal of these laws
has been since repeated. IL it has not tho
reason can probably be found in the eXpe-
rience which demonstrated the fact that the
necessaries of the .polit cal situation but
rarely developed their vicious character.
And SO il happens that after an existence OF
nearly twenty years of almost innocuOus
desuetude these laws are brought forth. ap-
parcntly the repealed as well the unre-
pealed. and put in the way OF an Executive
who is willing, il permitted, to attempt an
Improvement in the methods of administers
ton.
The consttutionalty of these laws is BY no
means ADMITTED But why should the pro.
visions of the repealed law, winch required
specific cause for suspension and report to
the Senate of "evidenee and reasons" be
now. in effect. applied to the present execu-
tive instead OF the law. afterward passed and
unrepealed. which distinctly permits sus-
pensions by the President "in his discretion
and carefully Omits the requirement that
"evdence and reasons for his actions i'm the
case" shall be reported TO the Senate.
SENATORIAL ASSUMPTION.
The requests and demands which by the
score have for nearly three months been
presented to the different departments OF
the government, whatever NAV be their
form, have but one cOmpieXiOn-they assume
the rght of the Senate to sit in Judgment
upon the exercise of nv exclusive discretion
and executive function, for which / am
solely responsible to tho people from whom !
I1have so lately received the sacred trust OF
office. My oath to support and defend the
my duty to the people who
have chosen me to exercise the powers of
their great Office and not to relinQuish my
duty to the chief mag istracy, which must
preserve unimpaired in NIL It's dignity End
vigor, compel inc to refuse to comply with
these demands.
proved. the Senate is invited to the fullest
scrutiny of the persons submitted to them
for public Office, in recognition of the cOnsti. T
tutonal power of that body to advise and
consent to their Apo mime mt. and i shall con. 4
tlnue. as have thus far done. TO furnish at ,
the request OF the confirming body all the in. /
formation l possess tOucnirg the fitness Of
the nominees placed before them for their |
action both when thcy are proposed to NIL
vacancies and to take place o. suspended !
officials. and upon the refusal to confirm l
for the action of the Senate or question its
determ nation.
can not think that any thing more is re-
Office than a careful and independent dis. I
charge of our respective dut es within their !
well defined limits Though the propriety of
suspensions m Rht he better assured if the
action of tho Pres dent was subject to review :
by the Senate, yet ii the constitution and the
laws have placed this respOns bility upon the
executive branch OF the Government it
should not be div ded nor the discretion
which il involved relnquished.
PLEDGES REDEEMED.
1t has been claimed that he present cyecu.
tive having pledged b mself not to remove
suspension implies such misconduct on the
part of suspended official as in rres his
SENATE should review the case for his vindi.
cation j have said that certain officials
should not, in IN opinion. be removed
during the continuance of the term for
which they were Apo Dtcd solely for
the purpose Of putt ny IN their place
those N political afiiliat on with the ap-
pointing power. and this dcc!arat on
was immediately followed by a description
Of official partisanship which ough: not to
entitle those in whom it was exhibited to
considerat on. 1t Is not apparent how an
carried with L the consequences described.
Ii IN any degree the suggest on IS worth, of
cons deratOn it is to lie hoped tina; there
NAV be defense against unjust suspension IN
the justice of the executive.
Every pledge which have made by which
have placed limitation upon nv exerc SO
D: executive power has beene ia thfuliy re-
deemed. OF course the pretense is not put
forth that no mistakes have been committed,
but not u suspension has been made except
IL appeared TO III sat sfac:iOn that the pub.
lie welfare would be improved thereby.
Many applications for Suspension have been
1cnied, ard the adherence to the rule lad
Town to govern my action as to such suspen-
J Ons have caused much irritation and I'M
pat ence on the part of those who have in