Rensselaer Republican, Volume 18, Number 23, Rensselaer, Jasper County, 11 February 1886 — THE LAW LAID DOWN. [ARTICLE]

THE LAW LAID DOWN.

Messrs. Riddleberger and Pugh Define tbe Relations of the Pftsi* dent and Senate. ■. t i '.Associated Frets report.] In (he Senate. Mr. Riddleberger of Virginia offered tbt following resolution; liesolved. That it is tho sense of the - Senate that the Executive of the United States is not restricted by contsitutional law in removing oi suspending appointees ; that the Senate has no right to require that reasons shall be given sot such removal 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 names 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 tbe resolution Mr. Riddleberger said his purpose - was simply to bringthe subject up in open debate. It did not involve any so-called high prerogative of the Senate when it should go into secret oi executive session, but only that abstract f[ue6tion ns to whether the Executive could >'e called on or required to give reasons far removals. Mr. Riddleberger asked for the immediate consideration of the resolution, but Mr. Cockrell (Mo.) objected. Mr. Pugh, of Alabama, offered later In [he day the following substitute for the jesolution, and asked that it be allowed to lie over uhtil to-morrow: 1. That the executive power is expressly vested by the Constitution in tbe President of the United States, so that he shall take care that tfie laws be faithfully executed. 2. That the power of appointment to Federal office is an executive power to be exercised by the President under the limitation in the Constitution that ho shall nominate, and by and with tbe advice and consent of the 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 the President, without any such limitation in the Constitution as is imposed thereby on the power of appointment, and for Its exercise he is responsible alone to the people and not to tho Senate. 4. That the right of the President to make nominations to the Senate and of the Senate to advise and consent thereto are each separate and independent rights, to be exercised by the President and Senata respectively, and separately and indepently within their absolute discretion ; but in relation to the person or persons so nominated the Senate may request Information of the President affecting the character or qualifications of those as to whoso appointment he asks the advice and consent of the Senate. 5. That when the President makes nominations to the Senate of persons to be appointed by him to exercise the powers and duties of Federal officers who have been removed 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 within his own knowledge or contained in any letters, petitions, papers, or documents addressed to him or any member of his Cabinet, or in the possession of either, and relating to the 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 pokey requires or authorizes the Senate to call for such information existing In uuy such form from the President or any member of his Cabinet, to enable the Senate to review or question tbe action of the President in exercising his executive, discretionary, and exclusive power of removing or suspending Federal officers from the powers and duties of their offices, or to put the President on trial by the Senate or to enforce accountability to the Senate for anything he may have done in the exercise of such jurisdiction. G That to obtain information considered by either house of Congress useful in passing necessary and proper laws either house of Congress may request the President, if not deemed by him incompatible witli the public interest, to give any information within his knowledge or contained in any 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 the official conduct or acts affecting tho official conduct or duties of any public officer; but for the Senate to make such request of the President, or to direct any member of bis Cubinet to transmit to the Senate any information or airy public documents or papers in open or executive session to enable tbe Senate in open or executive session to review the propriety or the reason of the information upon which ho acted or may have acted in making removals or suspensions, would be an attempt to obtain such information by false pretenses,'ami for usds and purposes or justified by any law or public policy of the United States ; and for the President to grant such request or require any members of his Cabinet to obey such direction from the Senate, when deemed by him to bo mode for such unjustifiable and unlawful uses and purposes, would lie to recognize and encourage an improper practice and an injurious innovation upon his exclusive and independent rights, powers, and duties as President of the United States. 4 The plan of tbe Republicans is to refer tbe matter to tbe Committee on Privileges and Elections, whence Mr; Hoar (Mass.) will report a substitute expressing tbe Stalwart Republicans’ views of tbe question. This resolution will be debated in open session, and it is expected that the Stalwart Republican Senators will say their say concerning tbe President. They hope by acting upon tbe resolution in open sessioq 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 tbe Senate in executive session referred the 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.