Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1886-03-11

presenting 10 the body which assumed
to review his executive acts HIS reason
therefor, instead of being exclued from
explanation or judged by papers found
in the departments
Two years after the law OF 1867 was
passed, and within less than five weeks
after the Inauguration of President In
political accord with both branches oi
Congress, the sections of the act regula-
ting suspensions from Office during the
recess Of the Senate were entirely re-
pealed and in their place were substi-
tuted provisions which, instead Of linn
iting the causes of suspension to mis-
conduct, crime, disability or disquali-
fication, expressly permitted such sus-
pension by the President "in his dis
cretion," and completely abandoned
the requirement obliging him to report
to the Senate "the evidence and rea-
sons" for this action.
With these notifications and with
all branches of the Government in po-
litical harmony, and in the absence of
partisan incentive to captious discus
sion, the law as it was left by the
amendment of 1929 was much less de-
structive of executive discretion. And
yet the great General and patriotic
citizen who on March 4, 1869, assumed
the duties of Chief Executive, and for
whose freer administration of his high
office the most hateful restraints of the
law of 1867 were on the 5th day of
April, 1869, removed, mindful of his
obligation to defend and protect every
prerogative of his great trust, and APP
prehensive of the injury threatened
the public service i'm the continued op-
Grafton of these statutes, even in their
modification, in his first message to
Congress advised their repeal, and set
forth their unconstitutional character
and hurtful tendency. / am unable to
state whether or not this recommends
ton for a repeal of these laws has been
since repeated. fit has not the reason
can probably be found in the expert
ence which demonstrated the fact that
the necessities of the political situation
but rarely developed their vicious char
acter. And so it happened that after
an extension of nearly twenty years of
almost innocuous desuetude these laws
are brought forth, apparently the re-
pealed as well as the unrepealed, and
put in the way of an Executive who is
willing If permitted, to attempt an i'm
provement in the methods of admins
tration. The constitutionality of these
laws Is by no means admitted. But
why should the provisions of the re-
plealed law, ,which'require specific cause
for suspension and report to the SEN
ate of "evidence and reason" be now,
in effect, applied to the present Execu-
tive instead of the law, afterward passed
and unrepealed, which distinctly per-
mits suspension by the President" in
his discretion, and carefully omits the
requirement that "evidence and rea-
sons for his action in the case" shall be
reported to the Senate.
The requests and demands which by
the score have for nearly three months
been presented to the different
departments of the Government,
whatever may be their form, have but
one completion. They assume the
right of the Senate to sit in judgment
upon the exercise of my executive func-
ton, for which am solely responsible
to the people from whom I have so
lately received the sacred trust of office
My oath to support and defend the
Constitution, my duty to the people
who have chosen me to execute the
powers of their great Office and not to
relinquish them, and my duty to the
Chief Magistracy which / must pre-.
serve unimpaired in all its dignity and
vigor, compel me to refuse to comply
with these demands. To the end that
the service may be improved the Sen
ate is invited to the fullest scrutiny OF
the persons submitted to them for pub.
lie Office, in recognition of the constitu-
tional power of that body to advise and
consent to their appointment. I shall
continue, as I have thus far done, to
| furnish, at the request of the confirm.
ing body, all the information possess
todching the fitness of the nominees
placed before them for their action
both when they are proposed to fill va
cancies and to take the place of sus.
pended officials. Upon refusal to con.
firm l shall not assume the right to ask
the reasons for the action of the Senate
nor question its determination. I can
not think that anything more is requir.
ed to secure worthy incumbents in pub.
lie office than careful and independent
discharge of our respective duties with
in their well defined limits.
Though the propriety of suspensions
might be better assumed ifthe action Of
the President was subject to review by
the Senate; yet if the Constitution anG
the laws have placed this responsible
ty upon the executive branch of the
nor tha discretion which II involved
ralinnnishad -
II has hean claimed tbat tbe nroson,
ayacntiye having nlacad bin,sa,f not vst r. r.
remove officials eycent for cause I The 'e
fact of their susnansion ;mni;as snn,- ,nt
miscondnct IN The nart of q snsnanded