Democratic Sentinel, Volume 10, Number 2, Rensselaer, Jasper County, 12 February 1886 — THE LAW LAID DOWN. [ARTICLE]

THE LAW LAID DOWN.

Messrs. Riddleberger and Pugh Define tbe Relations of tbe President and Senate. '.Associated Press-report.] In the Senate. Mr. Riddleberger of Virginia offered th* following resolution: Resolved, That it is tbe sense of the Senate that the Executive of the United States is no* restricted by contsitutional law in removing oi suspending appointees ; that the Senate has no rigid to require that reasons shall! be given for such renooval or suspension ; that it is the right of the Senate to call for any paper relating to the conduct of removed or suspended appointees, or to the qualification and fitness of all persons whose name's are presented to the Senate for confirmation or rejection, and it is tbe duty of the Executive to comply with all demands for the same. In offering the resolution Mr. Riddleberger said his purpose was simply to bring the subject up in open debate. It did not involve any so-called high prerogative of the Senate when it should go into secret or executive session, but only that abstract question as to whether the Executive could be called on or required to give reasons for removals. Mr. Riddleberger asked for the immediate consideration of the resolution, but Mr. Cockrell (Mo.) objected. Mr. Pugh, of Alabama, offered later !u the day the following substitute for the resolution, and asked that it be nllowed to lie over until to-morrow: 1. That the executive powor is expressly vested by the Constitution in the President of the United States, so that bo shall take care that the laws bo faithfully executed. 2. That tbe power of appointment to Federal office is an executive power to be osercised by the President under the limitation in the Constitution that be shall nominate, and by and with tbe advice aud consent of tbo Senate shall appoint 3. That the power of removal and suspension from the powers and duties of Federal office is also an executive power vested exclusively in tbo President, without any such limitation in tbo Constitution as Is imposed thereby on the power of appointment, and for its exercise be is responsible alone to the people and not to the Senate.

4. That the right of the President to make nominations to tho Sonate aud of tho Senate to advise and consent thereto are each separate and independent rights, to be exercised by tbo President aud Sonata respectively, and separately and indepontly within their absolute discretion ; but in relation to tho person or porsons so nominated the Senate may requost information of the President affecting the character or qualifications of those as to whoM appointment he asks the advice and consent or the Senate. 5. That when the President makes nominations to the Senate of persons to he appointed by him to exercise the powers and duties of Federal officers who have been remoyod or suspended by him, no law, public duty, or public policy requires that he shall send or communicate to the Senate any cause, reason, or information withiu his own knowledge os contained in any letters, petitions, papers, or documents addressed to him or any memberof his Cabinet, or in the possession of either, and relating to tho subject of removals or suspensions or containing charges, causes, or reasons, and the proof thereof, for making such removals or suspensions; and no law, public duty, or public policy requires or authorizes the Senate to call for such information existing in any such form from tho President or any member of his Cabinet, to enable the Senate to review or question tbo action of tbe President in exercising bis executive, discretionary, and exclusive power of romoviug or suspending Federal officers from the powers and duties of their offices, or to put the President on trial by tbe Senate or to enforce accountability to tho Senate for anything he may have done in the exefeise of such jurisdiction. 6 That to obtain information considered by either bouse of Congress useful in passing necessary and proper laws either bouse of Congress may request tho i’residont, if not deemed by him incompatible with the public interest, to give any information within bis knowledge or contained ill auy public document or records on file or in the lawful custody of any of the departments, and relating to'the administration of any public office or tho official conduct or acts affecting the official conduct or duties of any public officer; but for the Senato to make such request of the President, or to direct any member of his Cabinet to transmit to tbo Senate any information or any public documents or papers in open or executive session to enable tho benate in open or executive session to review tho propriety or the reason of the information upon which he acted or may have acted in making removals or suspensions, would he an attempt to obtain such information by false pretenses, and for uses and purposes not authorized or justified by any law or public policy of the United States; and for tho President to grant such request or require any members of bis Cabinet to obey such direction from the Souate, whon deemed by him to bo inode for such unjustifiable and unlawful uses and purposes, would bo to recognize and cncourago an Improper practice and an injurious innovation upon his exclusive and independent rights, powers, and duties as President of tho United States.

The plan of the Republicans is to refer the matter to the Committee on Privileges and Elections, whence Mr. Hoar (Mass.) will report a substitute expressing the Stalwart Republicans’ views of the question. This resolution will be debated in open session, and it is expected that the Stalwart Republican Senators will say their say concerning the President, They hope by acting upon the resolution in open session to force Mr. Van Wyck (Neb.) and other Republicans of whose support in executive session they do not feel certain. Meanwhile the Judiciary Committee, to which the Senate in executive session referred tho Attorney General’s letter in the Dustin case, will continue the pursuit of the President through Mr. Garlaud. There is talk of backing down on the part of some Republican Senators, but Mr. Edmunds, who leads the opposition to the President, is as determined as ever.