The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1886-03-11

after the adoption of the constitution, comprising
many who aided in its preparation, legislative
construction was given To that instrument, In
which the independence of the executive in the
matter OF removals from office was fully sus-
tanned. think 1t Will be found that in the
subsequent discussions OF this question there
was generally, II not at all times, q proposition
pending in some way curtailing this power or
the president by legislation, which furnishes
evidence that to limit such power it was sup
posed to be necessary to supplement- the con-
stituIiou by such legislation The first enact
ment of this description was passed I'M
der stress OF partisanship and poiit-
zeal bitterness which eliminated In the
presidents Impeachment. This law provided
that the federal officers to which it applied could
only be suspended during the recess OF the SEN
ate, when shown bv evidence satisfactory to the
president to he guilty OF misconduct in office or
crime, or when incapable or dlsqualifled TO per
form their duties, and that within twenty days
after the next meeting OF the senate it should be
THE DUTY OF THE PRESIDENT
ITO report to the senate such suspensions, with
the evidence and reasons for his action in the
case" This statute, passed in 1867, when con-
gress was overwhelmingly and bitterly opposed
to the president may be regarded as an indica-
ton that even then 1t was thought necessary by
a congress determined upon the subjugatlon OF
the executive to legislate at will to furnish
itself law for that purpose. instead
of attempting to reach the object m
tended by invocation OF any pretended
constitutional right. The law which thus
found its way to our stature book was plain in
its terms and its intent needed no avowal Ii
valid and now i'll operation, it would justify the
present course OF the senate, and commlni tn.
obedience of the executive to its demand. 1t
may, however be remarked i'll passing, that, UNI
der this law the president had the privilege OF
presenting to the body which assumed to review
his executive acts his reasons therefor, instead
OF being excluded from explanation or by papers
found in the departments. Two years after The
law of SGT was passed and within less than
five weeks after the Inauguration OF q president
in political accord with both branches OF con-
gress the sections of the "ct regulating suSpeu
sions from office during the recess of the senate
wers entirely repealed. and in their place were
substituted provisions which, 1nstead OF
limiting the causes of suspensions
to misconduct, crime. disability and
disqualification, expressly permitted such
suspension by the president lin his discretion,
and completely abandoned the requirements
obliging him TO report to the senate The evil
dence and reasons" tor his action. With these
notifications, and with all branches of the gov
crnment in political harmony, and III the absence
OF partisan incentive to capt1ous obstruction,
the law as it was left by the amendment OF
1869 was much less destructive to executive
discretion: and yet the great general ana pat
riotic citizen who on the 4th day of March, 500,
assumed the duties of chief executive, aud for
whose fTeer administration OF his high office the
most hateful restraints of the law of ! SGI were,
on the 9TH day of April, 1869, L moved, mindful
of his obligation to defend and protect every
prerogative of his great trust, and apprehen
sive of
THE INJURY THREATENED
the public service in the continued operation of
these statutes, even in their modified form, IN
his first message to congress advised their re-
peal and set forth their unconstitutional char
acter and hurtful tendencies. l am unable to
state whether not this recommendatit Il for a
repeal of these laws has been since repeated. II
it has not the reason can probably be found in
the experience which demonstrated the fact that
the necessities of the political situation but
rarely developed their vicious character: and so
it happens that after an existence OF nearly
twenty years of almost mucous desuetude these
laws are brought forth. apparently the repealed
as well as the unrepealed, anu then put III the
e tod
to attempt an improvement i'll the methods OF
administration. The constitutional1ty OF these
laws is by no means admitted. But why should
the provisions OF the repealed law, which re-
quired specific cause for suspension and report
to the senate of evidence and reason, be now
in effect applied to the present executive, in
stead of the law afterward passed ana unre-
pealed, which distinctly permits suspensions 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 complexion. They assume the
right OF the senate to sit in judgment upon the
exercise of my exclusive discretion and the eX-
ecutive function, for which am solely response
BILE to the people. from whom 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 this great office and not
to relmqulsh them, and my duty to the chief
mag1Stracy, WnlC0 L must preserve unllIlEdiTc0
IN all it's dignity and vigor, compel me to refuse
to comply with these demands. To the end that
the service may be improved, the senate IS in-
vited to the fullest scrutiny OF the persons sub
the constitutional power CT that body to advise
and consent to their ppointment.
1 WILL CONTINUE,
as 1 have thus far done, to furnish at the re-
quest of the confirming body, all the informa
ton possess touching the fitness of the NOM
inees placed before them for Their action, both
when they proposed to fill vacancies and to
take the place of suspended officials. Upon Il
fusal to confirm l shall not assume the
right to ask the reasons for the action
of the senate, nor question its determination
] cannot think that anything more Is required
to secure worthy incumbents in public office
than careful and independent discharge of our
respective duties within their weii-defned linn
it's. Though the propriety OF suspensions might
be better assured if the action of the resident
was subject to review by the senate, yet if the
constitution and the laws have placed this
government it should not be disturbed. nor the
discretion which it involved relinquished. 1t
has been claimed that, the present executive
having pledged himself not to remove Off
Gals except for cause, the fact of the sus-
pension implies such misconduct on the part
of the suspended officer as Injuries his
character and reputation, and therefore
the senate should review the case for his vindi
cation. l have said that certain officials should
not in my opinion, be removed during the con-
tinuance of the term for which they were APP
pointed solely for the purpose of putting in their
places those in political utilization with the APP
pointing power, and this declaration was lmme-
partisanship which ought not to entitle those in
whom it was exhibited to consideration. is
not apparent, however, whether the course thus
announced carries with it the consequences de-
scrlbcd. If in any degree the suggestion is
worthy of consideration. it is to be hoped that
there may be defense against unjust suspen
sion in the justice of the executive.
THE PLEDGE WHICH HAVE MADE,
bv 1yhic1, T I've placed n limitation uDOn nv
erGise of executive power, has been faithfully re-
deemed. OF course the pretense is not put forth
that no mistakes have been committed, but not
a suspension has been made except it appeared
to my satisfaction that the public welfare would
be improved thereby MANY applications for
suspensions have been denied, and the adher-
ence to the rule laid down to govern my action
to such suspensions has caused much 1rrita-
tion and Impotence on the part OF those who
have insisted upon more changes in the offices.
The pledges have made were made to the peo-
pie, and to them am responsible for the man
ner in which they have been redeemed. l am
not responsible to the senate, and ! am I'M
willing to submit my actions and official con-
duct to them for Judgment. There are no grounds
for an allegation that the fear of being
found false to my professions influences me in
declining to submit to the demands of the SEN
ate. l have not constantly refused to suspend
officials and thus incurred the displeasure OF
political friends, and have not yet wiltully
broken faith with the people for the sake of be-
ing false to them Neither the discomfort OF
party friends nor the allurements constantly Of
lereQ OF CONTRIBUTORS OF appointments conul-
toned upon the avowal that suspensions have
been made on party grounds alone, nor the
threat proposed in the resolutions now before the
senate, that no confirmation will he made unless
the demands Of that body be complied with,
sufficient to discourage or deter me from follow
ing in the way which 1 am convinced leads to
better government for the people.
GROVER CLEVELAND.
Executive Mansion Washington, d. c., March
!, 1856.
NOT AT ALL ALARMED