The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1886-04-01
DOCTORS DISAGREE.

with Ihose Advanced in senator Ed
munds' Greatest Effort
Some ''precedents' that his Lord
ship of Vermont neglected to include
in his great report or mention in his
greatest effort" have been discov-
cred by a Boston lawyer. They are
interesting fragments of our constitu-
tiOnal history, though of no value for
the information of the noble author of
the literary and oratorical works men,
toned. His Lordship, whose knowl-
edge includes every thing. was not in
ignorance of them, and no doubt
passed his penetrating eve over them
when he prepared his So-calleds prece-
dents; but as they would not serve his
noble purpose representing impartially
the truth of history, he omitted them.
But, as his parasites of the star
chamber organs that made haste to
parrot his arrogant assertions are not
so well informed Is he is in our con-
stitutional history, it is worth while to
reprint for their information a few of
the historic facts that he found it con-
venient to suppress.
The first is precedent that was
made in the reign of Madison. and is
taken from book called History of
the Appointing Power"
1.-The dismissal of the Postmaster. General,
Gideon Granger, caused considerable re-
marx in official circles. Contrary to the
wishes of the President, La had appointed 10
the important position of postmaster OF
Philadelphia DIR L!eb, Il person who mad long
been openly opposed TO MIR. Madison. The
President could not but regard TT rs an act
OF hostility TO himself, and, having long suS-
pected his friendship. he diSIn sSed MIN. As
he had not been rem we'd for delinquency,
his friends protested, and Il resolution was
Introduced in the Senate asking the reason
for his dismissal 1t was rejected on the
ground that the Senate had not the right 10
make such an inquiry. 1t IS the only instance
in the early history of the Government OF an
attempt TO question the motives of the Prcsi-
dent in regard 10 removal
The next is an official opinion by
Daniel Webster, Secretary of State in
the reign of Tyler:
but applications for Office or letters re-
speeding appointments or conversations held
with individuals on such subjects are not Off
cal proceedings. and can not by any means
be made 10 partake of the character of Official
proceedings. unless. after the nomination of
such person so writing or conversing, the
President snail think proper to lay such cor
Senate. Mics Register, rot q, p 50.
The next is from speech by Daniel
Webster in the Senate, and, compared
with the official opinion of the same
eminent statesman as member of the
Government, fails to reveal that varia-
ton of ideas to suit circumstances and
motives which is so marked a char
acteristic of his Lordship from Yer
mont:
"Snce the practice has become a settled
practice, since every Administration has IN
dulged i'll il. and since it must now be consid-
cred as the legal construction of tine cOnStitu-
ton that it is one of the powers of the Presi-
dent to remove incumbents from offices which
they hold, ii follows as a necessary and as an
inevitable consequence that this power thus
legally vested in the President must be eXer-
ciSed ty him as independently of our control
as any other power that is to be exercised by
him under the constitution And
sec no ground upon whic Hve can call upon
him to give us reasons for the manner in
which he exercises that power, any more than
We can call upon him TO give reasons for the
manner in which he exercises any other power
under the constitution. The powers
of the departments are not all mixed up III
tumble. ''-COngTeSsiOhdL Globe, vol. -, D. 125.
The deliberate opinion of such a char
acter, officially delivered, on a state of
facts exactly analogous to that upon
which the arrogant Senator from Yer
mont has turned the powerful head
light of his genius for quibbling, is of
more worth rs guide to truth than all
the arrogant dogmatsm of the latter
joined to the so-called precedents that
even do not 60 to support his asscr-
tons.
Edmunds says: "AHpapers addressed
by anybody to an executive officer on
the topic of suspension are official pa
pers."
Webster: applications for office,
letters, or conversations of individuals
respecting Cevenl appointments, are not
official proceedings and can not be made
to partake of the character of official
proceedings.
Edmunds: The suspension of an Off
GER simply withholds from the duties
and emolumemts of the office pending
a decision of the matter by the Senate"
Webster: LAS it is one of the pow
nrs of the President to remove incum-
bents from offices, it follows as an inev-
table consequence that this power,
legally vested in the President, must
be exercised by him rs independently of
the Senate as any other power that is
to be exercised by him under the con-
Edmunds: Having, "in the exer-
else of its jurisdiction. to Judge of the
of the suspended official, the
Senate had the right to see the papers
because they disclose the grounds"
a
acted"
Webster: 1--WE 1.-THE Senate1 can not
call upon him to give US reasons for
his exercise of that power any more
than we can call upon him to give rea-
sons for his exercise of any other pow
er under the constitution"
Edmunds: ''All the operations of the
are executive" The leg
Islative chambers have universal pow /
er of knowledge in respect to every OPP /
Grafton of the Government and every
one of its officers
Webster: The powers of the depart |
ments [meaning the several branches
of the constitutional are not all mixed !
up in a tumble.
The assertions of his Lordship of |
Vermont relate particularly to an act
called suspensions" the views OF
Webster to an act of rem0rdl. and also |
to a proposition of appointment. II
mas been very well said that the at
tempt of the Green mountain intellect
% draw distinction between removal
and suspension lis mere cobweD-spin-
hing" Removal is an exercise of the
discretion, over which tho
has no control. Suspen-
ion, even by the express words of the
statute, is the same. A suspension is