The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1886-02-17
The President and Senate.
ICharieston am Couricr.l


The President and Senate.
Charleston QIll Couricr.l
The controversy between the President and
Senate IN respect to removals from and ap.
p0intments TO Office is not surprise to the
country, though the methods adopted by the
Republican members of the Senate consti-
tutiDg ma jority of that body may be. The
usual mode of obtaining documents and pa
perS on file in the executive Office is to call
upon the executive by resolution in open
session for such papers as may shed light
upon the subject upon which they are about
to act. The executive alone makes the nomi-
nation without consulting the Senate. The
act is his own, and he is alone RESPONSE
bic for it. 1t then becomes the basi-
ness OF the Senate to advise ard con-
sent to the nomination, or to refuse to
consent, and thereby reject the nomination.
and the President has no right to know or
inquire into the motives or reasons which
operated upon Senators, either to confirm or
reject such nominations. The President Is
independent OF the Senate in the perform
ance OF the functions of his office in that
particular. as is the Senate collectively aud
individually independent OF the President
in repect to their action and decision touch
ing his nominations. Had the senate pur-
sued the beaten course, by asking for papers
o. documents to which they were entitled
before acting upon executive nominations,
anu tnc 1rcSlOe0t 0au refused 10 accord
them that privilege, they would most asSUr-
they did not do; but the RepublI-
can majority in the Senate, in ex
ecutive session, which means in secret
session. with closed doors, excluding
all, except members and officers OF
and Senate, passed resolutions not only call
ing upon the President for documents and
papers in certain cases. but his reasons for
the suspension of the incumbents. This re-
quest was refused By the President with the
concurrence OF the Cabinet. The reasons
given for the refusal were cOgent and con
vincing to the Republican Senators, and
acknowledging their blunder they nave mod
ited their resolutions second and third
time but have not in either case brought
themselves within the rule as understood by
the President and his Cabinet, governing
such cases. Instead of returning to the old
method of calling for papers in open session,
the Republican majority having made new
departure seem determined to persist in the
error OF their ways.
In making removals from Office the Pres
ident does not consult the Senate. 1t is his
act alone and not theirs. When he makes
a nomination to fill a vacancy. the Senate
then, for the first time, takes part in con-
firming or rejecting the nominee, and it
then becomes the duty of the Senators to
fully inform themselves whether or not il is
an appointment fit to be made, and to that
end it is proper that they should be fur
nished with the documents and papers that
would afford them light upon that subject.
To remove person from office Is one thing
and to appoint a successor is another and
very different thing. In the removal the
Senate has no responsibilities. In the ap-
pointment ii has This distinction is lucidly
but courteously expressed in the letter of the
Attorney General in furnishing reasons to
the Senate for not complying with its resO-
buttons:
In response to said resolution. the President OF
the United states directs me to say that the papers
which were in this department relating 10 th0it-
ness of j. ID. Bennett. recently nominated IA said
office. having been already sent TO the judiciary
Committee OF the senate. ana the papers and
documents which are mentioned in said resOlu-
ton. and still remaining in the custody OF this
department, have exclusive reference 10 the sus-
tension 10y the President OF George VI. Dustin, the
late Incumbent of the Office of District Attorney
of the uited states Tor the Southern District OF
Alabama ii Is not considered that the public in
terests viii be promoted by compliance with said
resolution and the transmission OF the papers and
documents therein mentioned TO the Senate in
executive session. Very respectfully
A. H. GARLAND
Attorney General
The Republican Senators vigorously per-
sist in securing the papers respecting the
suspension of George NJ, Dustin, while the
President, with the advice of his Cabinet, as
firmly resists such claim, because it is no
concern of the Senate or Senators. and,
therefore, an unauthorized assumption of
power. This is the issue, and may lead to
able debates in the Senate, from which good
may or may not be eliminated. History re-
peats itself in this instance. In 1928 ma
jority of the Senate was in politics opposed
to General Jackson, and the most un-
relenting crusade was waged against "Old
Hickory" on account of his veto of the
charter Of the United States Bank, the Mays
vile (Ky) Road bill, the removal of de-
posts, and other high crimes and misdemean-
ors of that ilk and character were charged
against Jackson. The war was most malignant,
the debates were able and impassioned, by
some of the ablest men that have ever graced
the American Senate. The gladitorial fight
has passed into histary and the Senate and
President as well may profit by its teachings.
This prospective embrogliO has now
prompted Republican Senator'S to introduce
resolutions to consider and pass upon nomi-
nations in future in open session, and not in
secret session, as has been the rule since the
foundation of the government. In this step
it would not be surprising If they should
find more Democratic help than they had
bargained for. This proposed change Of the
rule, if successful, may prove to be boom
erang, and return to plague its inventors"
1--WE shall see what we shall see, in due
course of administration. FAIR PLAY.