The Hope pioneer., 1886-02-26

WILLIAM NJ EvARTs
The report recites the fact and circum-
stances OF the removal of Dustin and the
appointment of his successor, as United States
attorney for the Southern district of Ala
bama- 1t declares:
1t has been the uniform practice of the ju-
dietary committee, since the passage of the
tenure -ofotce act, to call upon the heads of de-
partments for all papers and information" in
the possession of the department touching the
conduct and administration of the officer pro-
posed to be removed, and the character and con-
duct of the person proposed to be appointed
This has been done with the unanimous ap-
proval Of all tho members. Although the COM
position of the committee has been. during the
period, sometimes of one political character and
sometimes of another, in no instance until this
time has the committee met with any delay or
denial In respect to furnishing such papers and
information. with single exception, and in
which exception the delay and suggested denial
lasted only for two or three days
THE JURISDICTION OF CONGRESS-
The Jurisdiction of the two houses of congress
to legislate, and the power to advise or withhold
necessarily involves the jurisdiction to officially
know every step and action of the officers of the
law. and all the facts touching their conduct in
possession Of the president himself There was
no need to express such a power, for it was
necessarily an inherent incident to tho exercise
of the power granted. 1t will be observed that
in this instance the call for papers covered a
period for more than six months. during which
the regular incumbent of the oftics had been dis
charging its duties. and also the further period
of more than six months during which the per-
son designated to discharge these duties on the
suspension of the officer had been acting and
pointed to the place. It will also be observed
that the president has not undertaken to re-
move the incumbent of the Office, but has only,
in expressed and stated pursuance Of the stat;
utes on the subject, suspended that officer, and
that the same statutes expressly provide that
such officer shall not be removed without the
advice and consent of the senate, and that
If that advice and consent be not given
ular term of Office should have
previously expired) at the close of this session
of the senate be restored to the lawful right to
exercise its duties The senate then by this
nomination is asked to advise and consent to the
removal Of the incumbent, and to the appoint-
ment OF the candidate proposed for his place. In
exercising its duty in respect Of these questions
it is plain that the conduct and management Of
the incumbent Is a matter absolutely essential
to bu known in the senate. in order that 1t may
determine whether it can rightly advise his re-
moval or rightly leave him to resume the func-
tions of his Office at the end of its session, as
the exercise Of the Office under his designation
SO conducted himself as to show that he is COM
petent and faithful Indeed, it may be stated
with entire accuracy that even in the case OF q
vacancy in an office, and the proposed filling Of
such vacancy, 1t is important for the SEN
ate to know the previous condition and
its affairs. whether there have been cases Of mis-
conduct or abuse of power, the embezzement Of
money. and indeed all the circumstances BEAR
Ing upon the administration, in order that it
may judge of the suitableness Of appointing a
particular person to take up its duties with ref
erence to the difficulties that may exist in its
affairs the state of accounts and every thing con-
cerning its administration, so to measure
the fitness and competency Of the particular can
didate to meet the emergencies nf the case
A LEADING QUESTION.
A table is presented showing large num-
l. - IL, a
officers suspended, and the query is made:
Have these suspended officials any or consider
able number Of them been guilty Of misconduct
in Office or any personal conduct making them
unworthy to be longer trusted with the per-
formance OF duties imposed by law? II they
lave it would seem to be clear that every con-
sderation of public interest and of public duty
would require that the facts should be made
standingly and promptly advise their removal,
and that the most careful scrutiny should be
had in the respect of selecting their successors
well as in the respect Of providing better means
and safeguard ly legislation for administering
the laws Of the United States. Such inforlna-
tion, 1t would seem, the executive is determined
the senate shall net possess. for the alleged
reason that it might enable the senate to under
stand what circumstances connected with tho
faithful execution Of laws induced the president
to exercise the discretion the statute confers
upon him to suspend them and ask the senate
TO unite with him in their removal from office.
The report quotes the passage on the civil
service contained in the presidents annual
message, and says:
This highly important and valuable official
communication, in the presence of 643 suspen-
slons from office, would seem to lead to the con-
ciuslon that this number Of the civil officers of
the United States selected to be suspended and
removed had been so direlect In the performance
OF Their functions or guilty Of such personal mis-
conduct as to put them in the category of un-
faithful public servants, deserving dismissal by
tne president and the senate, and the condemna-
tion OF their countrymeu. In such state of
Things we think that the common sense of
Justice and fair play that is SO much priced, as
we believe by the people Of the United States,
would require that in some way this large body
OF men should have an opportunity to know the
substance OF their alleged misdoings In order
that they may either admit their guilt or deny
IL. explain their conduct or show that the accu-
sat1ons against them were selfish and wicked
pretexts, and set up for the mere purpose of OBJ
tainlng their suspension and ultimate dismissal
from office, IN order that others less capable and
worthy might at once receive the honors and
emoluinenls of their places. It is known to
to do. both with removals and appointments, it
has for great number Of years been its prac-
tlce when an officer or person was before it for
removal or appointment against whom any
serious accusation has been made which would
II true, influence the action Of the senate in the
case, to cause the person concerned to be 1u-
formed of the substance OF the complaint
against him, and give him opportunity to defend
himself; and it Is also known that at this yery
session considerable number Of INSTANCES Of
that Kind have occurred and are dailv occnrin0