Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-03-24

permit the influence of Official ,s vi
to be used to overthrow tina, cana rsT'a'N 3
Mr.. Jefferson thought it copsis,s,, .
the declaration that political W
should suffer no invasion bv W opta
those who had acted we'll in tbs;, u
should have nothing to fear, and ,boipea
had acted i'll had nothing to hone NH
theless, he would conform bis ad we've
ton to his own policy in the di,n.h
every Office within hia gift. NJ.
see what President Cleveland has ,. Sa
this subject, and see whether hi, SssiH
tons are any broader and whetbs, S.
ervations are not as broad. he ss; y 70
There is class of Goyeruusn,
tons which are not within the lett, ! =
civil service statute, but which are ~ v "
connected with the policy Of an sdniD,-
ton
In the very outset Of this declsrs,;,,
the very first sentence Of this decla,ssS
in its very first clause is recognise,
the fact that persons occupying Co.,:
places whose official duties are Come:
With the policy of the administrator
ARE SUBJECT To REMOVAL;
and every effort to disguise or ni,.,.
sent that letter has been an s,tenp, IN ~
the present Executive in false po.;ss.
rendering him apparently iuconsist.,, :
cause of his removal Of Republican n,Ss
clans from offios-"which are 90 d.",.
nected with the policy Of an aduip.,,
ton that the removal theretrom of p,..,
incumbents, in my opinion, should 10, :
made during the terms for which ,hsy ,.,
appointed solely on partisan ground. ~
for the purpose Of putting in their plvr
those who are in political accord with 4.
appointing power; but many men holir,
such positions have forfeited all JOS, cIIs
to retention.
Many holding positions for terms S,s
by law, but still connected with the pO6r,
Of the administration
Because they have used their plscs |,
party purpose in disregard OF the duty :
the people, and because, instead Of ben,
deceat public servants, they have prors
themselves offensive psrtissns aud q,
scrupulous manipulstors Of local par,
management. The lessons OF the par
should be unlearned, and such official. y
we'll as their successors, should be tsust
that efficiency, fitness, and devotion IT,
public duty are the conditions Of iheir9,
tinusnce 10 public place, and that h.
quiet and unobirusive exercise Of iudiIa
ual political rights is the reasonable neu
ure OF their party service"
Now, l ask any candid man in the Sci.
ate if every line in that letter which besl
on this subject is not
IN PRECISE ACCORDANCE WITH TIRE UrnL
ANCEs OF Mr.. JEFFERSON
And ! ask further il any candid man q.
ascribe to the President by virtue Of thss
utterances any embarrassment wha.evsIi
such attempt as he may have made to COZ
form the administration Of the Governnstl
in ell its departments not only to the pr,
cirles which he espoused but TO the primo
Piles and policies upon which he "
elected.
The question is his power to do this, 81
upon that question | desire to say a r.
words, presenting succinctly my own VIZ
of subject which has been one Of mud
discussion, involving the true interp-a
ton OF the Constitution.
The Constitution provides that the FL
ecutive power shall be vested in Pres
dent of the United States OF Amsria
Article 2, section |, clause IL 1t viii b
observed that the Constitution does %
provide that the executive power shall n
vested in President and Congress or n'
President and the Senate or in Presidet
and the House Of Representatives or I1I
President and in anybody else, but 10
President,
The Constitution further provides ia
"he shall take care that the laws shall
faithfully executed" (articla 2, section }
and "he shall nominate. and, by and VII
the advice and consent Of the SenN'
shall appoint" &c. (Article 2. section
clause
Looking 10 the Constitution, in the {.
sence OF this last clause, 1t 10 not difficult
perceive the purpose for which the prsc.
cally uniform construction OF a hundr-
years has declared the clause to have be-
inserted. In its absence the Presider'
upon whom was broadly conferred the Fl
ecutive power OF the Government. voas
have had complete control over both 9,
pointment TO office and removal from it
The power either to appoint or to N
move
COULD NEVER HAVE BEEN ASSERTED A 4
LEGISLATIVE POWER
1T is repugnAnt to the whole idea ofls
islation. Congress, in the very nature d
its organism, could not exercise 1t. la
numbers embraced in its bodies, the
frequency OF their sessions, the period, d
their vacations, the physical obs'ruct'oo' q
the way of their constant attention -
subject which, in order to maintain th
Government in the full operation OF oil ~
functions, would have required and hm r.
quired constant treatment M well ~ III
inherent quality and definition Of lssiss
tive character, combined 10 preclude is
idea that in any sense the power to y
point or to remove could be embraces %
legislative range. This proposition is COO
coded in practice even BY those who dstl
it in word, because in every quarter uts'
the Senate Is asserted to be part q ID
appointing power it is continually s's.f'S
to possess, 10 that extent executive far
tons.
I'VE are executive officers alec, sA'dw
Senator from Ohio (Mr Shermsn) reostf
ly. because we participate to Q esrhs
extent with the President in making q
appointment" SO on all hands, notsI'i
standing Mr.. Websters grea, assault q
the right and power Of removal ss sn 'nf
rent executive function, that iancpa
whether claimed TO be vested eIcIusl"'
in the President or in the PresidsD' 90
Senate jointly. or TO be subject TO res.s
ton and control BY Congress his been "
cepted az embraced within the dentip"
OF executive powers. Ii IL useless 70 oe,I
that it could no, have been vested 10 "
courts for nobody anywhere has ever v
serted for the Judiciary further poser o'a
The subject than such a. has been cotls
red touching inferior officers under The"
press language Of the Constitution.
Thus, In the absence Of the clause "
erred to, the full control over both rem"