Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-03-02

ments and subject to the inspection of tn
! Senate? If no, who is to determine whs
belongs to this class? Are ths purposes Q
the Senate as they are day By day developed
such as would be satisfied with my selec
tons. Am to suomi, to theirs at the risl
of being charged with making a suspen
sion from Office upon evidence which wa
not even considered2 Are these papers
to be regarded official because they hsv'
not only been presented but preserved il
the public offices? Their nature and char
aeter remains the same whether they are
kept in the Executive mansion or deposit
ed in the departments There is nc
mysterious power of trsnsmutahon IL
departmental custody, nor sthere magic II
the underlined and sacred solsmnity OF de
partment files. If the presence OF these
papers in the public offices is q stumbling
block 10 way Of the performance Of SeBS
torisl duty, it can be easily removed. The
papers ard documents which have been
described derive DO official character from
any constitutional statutory or other re-
auirement making them necessary 10 the
performance of official duty Of the Execu-
tive.
FAITHLEsS REPUBLICANS.
Ii will not be denied, | suppose, that the
President may suspend a public oticer
ia the entire absence Of any papers o
document to aud his official
iudgment and discretion, aud am q1ite
prepared to ayoR that the cases are not
few in which suspensions from Office have
depended more upon oral representations
made to me By citizens Of known good re-
pute and by members Of the House CT
Representatives and the Senators OF the
United States than upon any letters snd
documents presented for my examination
/ have not felt justified in suspscting the
yeracity, integrity aud patriotism OF Seua'
tors or ignoring their representations be
cause they were not in party aihha-
ton With the majority OF their asao,
ciates, and | recall few suspensions
which be8r the approval Of individual
members identified politically with the
msjority in the Senate.
THE PRESIDENTS POWEE
While therefore l am constrained 10 de
ny the right of the Senate to papers and
documents described so far as right to the
same is based upon the claim tnat th'y
are in any view Of the subject official.
an also led uuequigo;sll7 to disputa the
right of the Senate By aid Of any dCcC-
nents whatever. or in any way save
through the judicial progress Of trial
On impeachment to review or reverse the
act of the executive, in suspension
during recess Of the Senate Of Fedora! Of
icials. | believe the power to remove CT
suspend such officials j. vested in the pres.
dent alone 5y the constitution which in
express terms provides thai the executive
power shall be vested in q President OF the
ynited States OF America, and that he
hall take care that the laws BE faithfully
"
THE sENATE'S rowER.
The Senate belongs to the legislative
branch Of the government When the cen,
utution by express provision superadded
o its legislative duties the right to advise
md consent to appointments to Office
md to sit as court Of Impeachment,
{ conferred upon that body all the
.outrol aud regulation Of the executive &C.
ION supposed 10 be necessary for safety OF
he people, and this express and special grant
If such extraordinary powers not III any
Eay related to the gro Fiug out OF general
senatorial duty and in Itself departure
rom the theory Of our government should
% held under a familiar maximum Ct con-
itruction to exclude every other right OF
with executive functions.
THE EXECUTIVE iSDEPGSDEyF.
In the fret CJ.gress which as
,emUied after the adoption OF
he constitution, comprising many who
,ided in its preparation, legislative con
,,ruction was given to that Instrument IN
Rhich the independence Of the Executive
n the mater OF removals from office was
ully sustained.
think it will be found that in the sub
euuent discussion of the question there
zss generally, if not o; Gil times, a proposl'
ion pending TO in some way curtsil this
,ower OF the President by legislation, which
furnishes evidence that to Limit such power
{ wss supposed to be necessary to supple
nent the Constitution by such legislation
PARTISAN LAW.
The first enactment OF this description
gss passed under O stress Of psrlissDshlp
nd political bitterness which eliminated
u the President simpeachment. This law
,rovided that the federal officers 10 which
| applied could only be suspended during
be recess Of the Senate when shown by
satisfactory 10 taa President to be
,uilty OF misconduct in ctice or WaeC IN
spable or disqualified 70 perform their
.utiss and that within twenty days at.er
iexs meeting of Senate i; should be III"
uty OF the President TO report to the Sen
.ts such suspension With the evidence
md reasons for his sc'ion IL the case.
This statute passed ia 1867
Ghen Congress was oVer#helml0gIg
nd bitterly opposed politically to the Pres
dent may be regarded as an indication
bat even then It WAS thought necessary by
Congress determined upou subJugstIon
f the Executive &c the legislative will to
urnish itself a law for that purpose, IL
tesd of attempting to reach the object IN,
ended By ap invocation o: any pretended
constitutional right.
The Law which thus foGud its way to our
tstute book was plain in it's terms and its
u,ent needed no svowal. Ii valid and
low in operation it wogli Justify the Pres-
ut course of the Senate and COM
nsnI obedience Of the Executive
0 its demands 1t may, however, be
emarked in passing that under this law
he President had tse privilege OF present
ng to the bcdy which assumed to review
is executive acts his reasons therefor ln'
,ead of being excluded tom explanation
r judged by papers found in departments
MODIFICATION.