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f JTSE CONSTITUTION. ATLANTA, GA-, ^TUESDAY MARCH SO 1886
BROWN’S SPEECH.
A MASTBRtY XJBFENSE OFPRBSI
CENT CLEVELAND.
BM ossrwts W «•*«» rr»»M «»t rmiZR.
CUwoUad Ml the OOMUtotientl Authority to
Act in tb® Matter of AppMottnoutg u
Ho B#M yrop«r-8po*ch in VuU.
The speech of Senator Josepn E. Broirn In
the United States senate, in opposition to the
ftasMge of the Edmund's resolutions, vu »i
follow*;
Mr. Brown-lfr. Prealdent, it seems to mo there
I* but* stogienuentlou In Imuc between the r— 1
dent of iheuntied Bure* oud the m^orlt/ol
nenete The question if, be* the president the
power to remove e federal officer when, in 111*
power of removal upon the president, end
confer upon oragrewi the right to legi«l*te upon
the question of removal*, then we murt look to the
act* of couarem In determining who ha* the rlf hi
to exerclee the power of removal.
Now. let us examine for a moment the con*tltn<
tlonal prorulonion this subject. The constitution,
article 11, section 1. declares that—
The executive power shall be varied in a pres!*
flem of the United Stilt* of America.
In aif'cle II, section 3 the constitution doclaroa
that—
He (the president) shnll take care that tho laws
ara faithfully executed. . . .
In stetiou 1 of article If It doctoral that bofortf
h® enter® on tbo execution of hi* office, the presl*
dent shall solemnly swoar that be will fslthfulljr
execute the office(2 president of the United Htales.
of thftcovemmontTln the
fijJl
it'ln
other,
entire exewUvopo
Went, and not ttui/ Ml »c» hid CAWUMIS
E cr In him, but to enjoin upon him that be shall
i care that the lawn srn faithfully executed,
and to I hi* end the eon Kfi union adds the solemu
Sanction or hlsofficisl oath.
What is the exocutlvu power of this government
Which Is vested in the president of too United
BUUt* It embraces the power aud duty of taking
care that the law* are faltbftij'
without
billy executed. Taken
; limitation or qualification, It confers on
‘ . appoint at his pleasure
vlug been •*“
the president the power to
such officers, the offices having been i**tal»ll«hod
by cotijtrem, as are ueorasary ... tho full, honest,
and falOiftl execution of the laws of the United
States; and If In any cam any officer or agent so
appointed by the president should fail properly to
dlschargalhe duties auiimed him, whether from
Incompctcncv, malpractice, neglect of duty, or
from any other ran** whatever, which reudered
him practically Inefficient, or which proved him
to be unfaithful to his trust and dishonest, the
president would have the undoubted power to re
move him and put another In nfs place, who
would faithfully perform tho dullct atftguod Aa.
him. <
It follow*, therefore, conclusively to my mind,
that lha president, possessed of the entire execu
tive power **-' 4 4
comtltutk
executed. „
cliargo that trust, does iMMseai.uiilfM there Is some
other qualification lu the c<m*\Uutlon to limit hi*
the public fadoest require* a change, and to ap-
i do not tass tbl* position can bo successfully
controverted.
how. Mr, President, after the constitution has,In
explicit terms conferred upon tho president tbl*
high, plenary,‘mod absolute ixnrcr of excenting tho
law* coniUtutlpiialit.'pasaod by congress, by what
qualification* JuU the conrtuutjon limited this
power? The power conferred iijmiii tho oxecutivo
by the provisions of the constltmldn already re*
ferred to, to execute the laws,.being full, nlougry
and absolute, we must look to lha const!tulion .It-
•elf for such limitation of those powers as tho
framers of that Instrument thought proper to Im-
are the llmBarton*Imposed by tho const!-
tutlonT Article II, sectlou 2, of the constltutioi
put* a limitation on bl*JX»warof-ar ‘—^ *
S«?i7ianii!fiEKr!en«d5Xnt 3 m
senate, u raako treaties, provided two-thirds i of
the senators present concur, aud hoMull uomluate
and. by and with the advice and (kinwut of thoi
•enate, shall appoint embawadors, other public
ministers and consuls, Jud«t« of thesupreme court,
surd all other officers of the United Wales whose ap
pointments are not herein otherwise provided ifjr,
and which shall be established by law; but can-1
E i may by law vest the appointment of such In-
r officers as they may think proper tn the pro*
■^■talons, In the courts of law, or In tho head* of
how, here is a limitation upon the absolute power
Of appointment conferred on the president as pos
sessor of the otherwise full executive power, to* wit:
That In the appc^^^^^yrararaA^^^^^M
other officers meal
aud content of the senate before the appointment
la complete The portion or the constitution here
quoted would. therefore. In all cases of offices
aetahliahrd, either by the constitution or by Uw,
give the president the appointing power with thn
advice sod consent of the senate; hut he coaid
make no appointment without their advlco and
therefore, Jo tty mind that neither tha- congress of
the United States nor the nouwj of representative*,
nor the indiclary department, nor the m usic of tho
United mates, possesses any power whatever over
the subject of removals of officers engaged In the
execution of the laws under the appointment of
the president, with tho ad vice and consent of the
. Mr. President, It seems to me voir clear
that toe above la the tree construction of the non•
etltntlon. But let nance what has Seen tho coo*
temporaneoua construction, for If there ta doubt as
to its meaning every lawyer knows that wo look
prominently, among other things; to the contempo
raneous construction of the statute or the constitu
tion for lu tree meaning.
In 1710, when the flrat congress assembled, the
question of the organization of the government
under toe new constitution became a difficult aud
embarrassing one.
repreacmauveam committee of the wboletbo qtje»*
lion of the necessity of organising the great execu
tive departments nr the government, which were
lurt in existence. lie desired the commit'®* to con
sider bow many departments there should bo,
moved that there be established In aid of the <
magistrate throe executive departments to bo
enuly denominated the depar ~
fairs, treasury and war. (dee
. and
chief
... M8V-
rtments of foreign af-
olum® 1 ' 868.) . i annals of congress,
m too opinion or this
committee that there shall be established an exocu-
it to liefdenomlnated the department
be an officer to bofoelled the secretary of the do*
partment of foreign affair*. who shall lie appointed
fir the president, by and with the sdvico aud eon-
rentof the senate, and bo removable by the prod-
r. Madison, the great constitutional lawyer,
i was lastly formed the father of the consthu-
j,ln the first proposition that was made, drew
sharply the lino between the powers of the senato
and the president.
. The flrat cabinet officer was to be appointed by
the president with tbeadvioe and consent of the
senate* and removable by toe president. Tbl* led
toalongdiretuwlon, In which a number of mem
bra participated, some for and some against. But
shall quote especially from Mr. Madison on ac-
Mtntof hi* eaunsubax)!Utto®.and because he had
•••«toad idtonkbig(he^'constitution, aud Tfoba-
ly understood It better, than any other man Uv-
thinlNUffisolutelyunnecesiary that the pres
ident should have tho power of removing from
office. It will make him In a peculiar manner re
sponsible for their conduct and subjeots him to lm-
o manner of doubt."
Homo contended that an omcor could not bo
moved except by Impeachment; others that ho
should lie removed by the nrsldent with the advice
and consent of tho senate, but Mr. Madison said he
had no manner or doubt as to the constitutional] ty
Is removal by the president alono
jrlna toe discussion Mr. Benson said he thought
this an important question, and one in which they
were obliged to taae too constitution by construc
tion, for, although it detailed toe mode of appoint
ing to office, it was not explicit as to superacdure.
This clause, therefore, would hem mere declaration
of toe legislative construction on this point. He
thought tho Importance and necessity of making
the declaration that the chief magistrate might
supersede a civil officer was evident, aud no,
therefore, voted for toe clause as It stood.
Mr. Vining said there were no uegstivo words lu
the constitution to preclude the president from the
exercise of this power, but there was a strong
f .resumption that ho wal Invested with It, oocau«e
t was declared that ail executive power should bo
vested in him except in case where It was other
wise qualified; as, for example, he could not folly
exercise hi* exccutlvo power In making treaties
utilers with the advice and consent of the sonatc,
thosamoln appointment to office. Mo had no
doubt but that the constitution gave this power to
tite president, but if doubU were, entcrtalucd he
—^ht #l prudent to mako a legislative declare-
“ 1 sentiment* of congress ou tbl# point,
ioBsakethe pttsldentasresponsible
for tht conduct of officers who were to
ite the duties of his own branch of tho gov-
meet., If a removal and appointment were
red In tho bauds of a numerous body, the re-
nifblllty would t*e lessoned, llo admitted that
re was a propriety In allowing tho senate to a«l-
ithe president in the choice of officers. This
constitution had ordained for a wlso pu
the subordinate officer In toe executive department i wrpensnn tit
ought to bold at the pleuure of toe head of that I ate, and until the caae should be acted upon, and
department, because be Is invested gouereily with | required the president to report toe case to the
the executive authority, and every p*rt!' , fr«tton In I senate within twenty day* after Its meeting, with
•- - 1 the evidence and the reasons for his act to*, and in
the event the senate failed to advise and consent to
^ —.. toe page be says: | the- removal it reinstated the original incumbent.
*Tt may now be considered as firmly and defi- I Hither the construction of the fathers who made
niu-ly fettled, and there Is good sense and practi- | toe constitution, and along line of presidents, and
cat utility in the construction." | the opinions of many of the moat disiingtitdied
The supreme eonrt of toe United States, Mr. Jut- I lawyer* and Jurists of this country were radically
tice Thompson delivering the opinion in Meonen's I wronger this act was a palpable violation or the con-
<e, 13 Peter's Reports, 250, says: , , I rtltution of toe United States. - ,r: .
BotU was vary early adopted a* the practical | , Aa already stated, it was passed by a largea
construction of the constitution that this power [of | Jority at a time of high political foodtement to
removal] was vested in the president alone. And I serve a party purpoae aud to throw obrtructionkln
such would appear to have been the legislative con- I the way oi a president who was very /obnoxious to
stroctlon ©t the constitution.”
Again refering to the difference In phraseology
between the act establishing the naval department
and that establishing the other departments, be
reys:
"The change of phraseology arose probably from
its having been the settled and well undewUXid
construction of toe constitution that the power of
removal was acstedIn the president alone In such
csww, although the appointment of tho officer was
by the president and the senate.” ' _ ,
Hpealing of the power of removal, Mr. Justice
Harlan, In delivering the opinion of tho supreme
court in Blake’s case, )8 Otto, says:
‘•But It was early adopted as a part of the con
stnictfonoftbeconatltutionthat thl* power was
verted in the president alono. And such would
appear to have been toe legislative construction of
the cor —
tb« party in power. . ^
1 On May 2nd, 18C9, a change of administration
- * taken place, General Grant having been
president, tiiat distinguished officer sent a
lie then cites, first, Kent's com,, 300. 2 Story on
the Const., 4th cd v sections 1637 to 1M0, and notes;
in power having refosed to do this,
they paMed an act on the 5th day of April, 1869. by
whfen the two sections of the act of 1867, which I
have quoted, are declared repealed, and In lieu of
said sections the following was enacted:
“Flivt. 7 hat every perron holding any civil of
fice to which ho ha* been or hereafter may be ap
pointed by and with the advice and oonsent of the
aenate, and who shall have become duly qualified
to act therein, shall be entitled to hold such ofilco
during the term for which he shall have been ap-
ZiZeSfoVitSitSvSLiWwihinju*W BSa.yg.gg".'. b D e
Sar,eMt;« f»n«tllnllonal Uw, 372 »nd IUwloX
ip. m. He then adds- I pointment, with the like advlco and consent, oT a
'Muring the sdminstratlon of President Tyler the I snccewor In hi* place, except as herein otherwise
quettion was propounded by the secretary of the I proviaea.
navy toiAttomey General Legare whether tho I Sec. 2. That during any recess of the senate the
president could rtrlke an officer from the roll with- I president is hereby empowered, In his discretion,
out a (rial by court martial, after a decision in that I to suspend any civil officer appointed by and with
offirer sfavor bv a court of Innury, ordered for toe I the advice and consent of the senate, except
investigation of his conduct.” I judges of the United States courts, until tho end of
His response was: I the next session of the senate, and to designate
- *-^‘*— **-— L ‘ | some suitable person, subject to be removed Fn his
discretion b v toe desfgnauon of another to perform
the duties or Mfeh'ktispetid&I Officer M the mean
time: and such person so designated shall take the
oaths and give the bonds required bylawto.be.
nettled construction of 1789. U is according to that
construction, from the very nature* of executive
jiower, absolnte jn the president, subject^only to
for*
(3 Htory’s Com. on Conit. 379, section 1538.)
It is obvious that if necessity Is a sufficient
fround for such concession la regard to officers in
he civil service, the argument applies a multo
fortiori to tbomilltar * * *'
have no doubt, there!-. ,
the constitutional power to do what ho did. and
. to the salary and emoluments of such
office, no part of which shall belong to the offleer
i 1 --- •* -*•- duty of thepresl-
after the com
mencement of each session of the
6enatc, except for any office which, in bis opinion,
ought not to be filled, to nominate persona to fill
all vacancies in office which existed at the meet-
kUCLMUnUIUUUIlEI |WW«I IUUU Wll»» UW UIU. WIU ....
that the officer In question la not lu the service of | lug of toe senate, whether temporarily filled or
too United States. The same vlows were expressed I not, and also in tou place of all officers suspended;
by subsequent attorneys general. I and if the senato during such session, shall rcfu*o
In Du Barry’s care, Attorney General Clifford I to advise and consent to an appointment in the
Mid that an attempt to limit the exercise of the 1 place of any suspended officer, then, and not
power of removal to executive officers in the civil I otherwise, the president shall nominate another
service found no support In the languago of the r *
constitution, nor in any Judicial decision, and that
there was no foundation in the constitution for any
dUtmotion in this regard between civil and mili
tary officers.
In Lansing's case tho question aroso as to the
>owcr of the president lu bis discretion to remove
he ni HU ary storekeeper. Attorney-General Cush- *
’•Conceding, however, that military storekeepers
arc officers, or at least quasi offioers of the armr “
docs not follow that they are not subject to bo
drived of their comm'
erson assoon as practicable to said session of toe
enale for said office.”
Now. Mr. President, the two first seotions of the
act of 18G7 are essentially at variance with the act
of 1809. The first act. as already stated, was passed
Id a time of high political excitement and preju
dice.
Two years later passion and prejudloe had id a
K rat measure subsided, and tho congress were In
ttcr condition to consider too great question
____ I belter condition to consider the neat q
X?5v!lI wlth . 'which they were dealing. It Is tract
ot/oilowI tlon 1 thenbMBt
to t ttU^«wf 1 faro|OT...»ie.coimnic,tlon I .npoIntMbr.nd"^Tth' _ tbi idTice’.'iijTinMnl
Mtween oflicen of lh«tin7.nAwir other I ol tbown.te, ah.ll not be removed by tho prwt-
ray that office™ of the army tn aubject to t»s do-
, evidence tod reaiona for hia
>ow tf till, were tho low
ero paaaed without violation of tho
tho United mates, there would no
jr and with lha advlco and couaout of tho
’’itut'ihe ronatltullon dooa not atop here. Altar
rnnihrrlnn thla tmwrr on tho nra.ldonl andaanato
of ap|»lnuncnt or all Officer., It pnivldea that ran.
■reaa (and here ta where tho power or ooncreaa
coma, la,) may by law yrellhaapiHilnimeuioriuoh
lofvrior officer, aa they think prapor In thopratl.
drnt alono, In tho oouru of law, or In tho hoadi of
drpartmeata. Now whu pan ha, oeanren to not
In thia realtor If it keepaltaolf within ihollmltaor
tho roit.tliullonr It luu no power of appointment
«pd uopowrr loiUMclappoftiimoat*; trui tho pn»-
Ideal alono. by tho advlco and ronjcnt of tho «n
ala. haaa rl,hl to make wllappdlnnnoot. until con-
am.by law haa IhoujtM prepar to va.t ihaap-
rolnlmrnt or Inferior offlorraeither In thaprad-
datit aloue, ta tho eoona of law. or lu tho head, of
dapariaionia. Cna«»»a bar thareforo, under lha
cwatliutlon no power whatever to voal tho ap.
|H>lntment of any iukrior ufficar tn
perwm or dopartawnt esoopt tho praah
alone, or the conru of law, nr Ihoheadaof do......
nanta, nor haaoonareM the Unlit to put any llinlta-
Uonmmn tho appoluUoK puwoe of mo.preeld.nl
wlilch haa iu4 haou plarnl there by tho conatitu-
lion, fouaraa. ran aay that the prrelilont may ap
point Inferior odUvn. without tho ad vice and can.
S ot of the aanato, hut it haa no Unlit to aay that
otwemtal may apivtnl any auperior officer
without Uw eooaout ortho aanato.
Omyrtaa haa power to create offiooa, but It baa no
power to chann the counltuttoual movlo of ap.
ladutluR officer*, and It haa no power hi confor mo
'nuuent of Itih rlor offirora on anybody but tho
__ " oftaw ortho pouua of do-
to appoint tnforthr officcra, but It
power to limit tho juria.
diction of tho prealdant or tho renal*
W 1 iM’S» ri ce 0, S2TLST^
paritnent. with the appotouaawt of all Inffirlor
odteaiawithoutwny tut.Xrreoeoby thepmtdont
a* uio aouata, but It cannot Hull tho authority ot
tho preaMrntawdaaaata la makta* appotnunvnu
In any other manner than that prnitMl by tho
• annolnltnc power
tbalbma
r officer Aan'tia treated P lnUia
yalata«*n«doalyln part with
iiwsitSK
's of such Inferior «rnc*n, ami left
todr •ppointuent to the prcstdtni aloue; hut If
oongrrya thinks proper la ooofer the power on the
courts pr4aw er the hosJ* oi deparuaeat, il there
by fit vests the Jurisdiction uf the prcsiilent aud the
•caato over toe appointment, lbit congress can
r law, and when It Is done cot
Usgoaer o»«
G ust Hut Um, nor ran it vest the appoint!
any other pernon or tribunal except In
inrtsmtrs Just mentioned.
When ct'ugress haw declared that the
ate ofno^tadlguon U has over the subject of ap-,
** “**1 be observed that the provision* of the
rftottli
, ms.
■ Hut it will HVHHUQlHlpilpimilllHlUdPUp
Const 1 lotion last referred to ssy nothing al*out le-
ttovals ftom office. So ote questloua that the
b* make removals of offie
rS?»l2’£} o r r<1 •***ulkm of The laws of the
* ,^1*^ fostes. ^ Mho ha? tbit poser? Clearly con-
lim does not have lias thsHetWatlTdepart?
M^ih^rii.: th °
ntntmeautliee.mMltiiilon declares
ay inaketbem by and with the ad-
* “ t>; ill ' ■*
llirrefore the con-
iVasthosenai
cornu lull
the i-reMdcirt^.^
SSI . # . u<1 25*f» ° r xht> wnate jpPPPWIWW
•Mtution glvvsthf senate lurt«llcUoa in such css-1
e*:but land no provlstou >tn tlw oousiltiUten
'Which gives Uw senate any lartsdlctlon brer the
•objeci of removals, or anv rigbijof interforauce tu
ease of removals. Anvunra aa lha llegWatlve
txranchoftbe government does not pomsss the
Map, and It Is not claimed that the Jullrlal de-
the coustltutton had ordained for a wlso purpose,
here could ho no teal advantage arising from
[incurrence of the senate to the removal, but
disadvantages. U might beget faction and
party, which would prevent the senate from pay
ing proper attention to .public duties. Upon tho
whole, he.concluded the community would hi
served by the best men when too senato ooncurroc.
with too president In toe appointment, but if any
oversight . was .committed It oouUl best be
corrected by the. superintending .agent
Ihfc. _
’ll .was urg - peculiar duty
president to. watch over the executive offloora, hut
of what avail would bo his inspoctlou union ho
hdd'ajjowcr to correct the abuses he might dls-
Aagaln, Mr. Madison says:
4 Tt Is said that It comports with the nature or
things that thoaeps ho appoint should have tho
S removal hut 1 cannot conceive this sen-
. warranted by the constitution. I boliove
be found very Inconvenient in practr
It 1* on® ol the most prominent features of the 0—
fctltution, a principle that pervades the whole sys
tem, that there should be the highest ponlble de
gree of re«|MmsiblUty lu all the executive office*
thereof. Anything, therefore, which tends to les
sen that responsibility 1* contrary to its spirit sod
Intention, and unless it Is saddled upon u* express
ly by the letter of that work I shall oppose the ad-
mhsion of it into any act of tho legislature. Now,
If tho heads of the departments are subjected to re
in aiding the execution of
ho can be displaced. This __
to the great executive power and makes IL.
dent responsible |to the public for the conductor
the Person he has nominated and appolntod to aid
him in the administration of hi* department. But
If the president shall Join In a enllurion with this
officer and continue a bad man In office, the caso
of impeachment will reach the culprit aud drag
him forth to punishment.
. "■*°u lake the other constrqotlon and say
he shall not he dlsolaoed hut by and with tho ad
vice and consent of toe senato, toe president ts no
longer answerable for the conduct of tho officer.
All will depend upon the senato. You here de
stroy too .real responsibility, without obtaining
even the shadow; for no gentleman can pretend to
say that tho respouaiblUty of tho senate can be of
such nature aa to afford substantial security, llut
why. it may 1« asked, was tho senate Joined with
tho pre sident In appointment to office, If they have
no restxmribltltyr I answer, merely for the sako
of advising, being supposed, from their nature,
*'ththe charaotcr of thecandl
upon him aa an akslstant by any brauch
of tha government.”
.Mr. Clymer said:
‘‘The power of removal t
uid aa such belonged to th
power shall bo vested In a president of
Jutes of America.' The senato wore not anfexecu-
. |MM" * *“ j one. It was true
. uailled chock over
it that waa In consequence
d oonsent In case of an-
shall wo extend their
„ xhlch I»n ^
likewise exp
sby tho house. Now,
S er. a
imtn
couu
It, and as the consUuition has
aeouterredlhe power on the asoau, who duo*
togpoyt to remove lucompetcut or on-
I MawSiSS the power rests In the president
tad tn him alone, in the president la invested toe
* spowerof the United States of America,
i Is required to take care that tot laws
r executed, and bo .alone has sworn
cute too Otoe of
|ha United state*
upon whoa the power Is conferred. It Is clear,
It Is wei
nan they bo ImpartUl iuds®* - when ther havo ai*
•readyffiv*utollTjS«mcSlnto®ca»o? Suppore
too president rommuntcatss his suspicions to the
senate respecting too aaUoa*anco or a public offi-
eor, and.they, from factious or party views, or In-
dosd fox wait of infenaaitoa, refuse their consent
~ he mnorsl. can they be tho equal and nnhiaswl
icolure which too constitntlou contemplate*
m to be?"
tthey could not.
a of Mr, Madison wa* carried by a my
i majority la feworof deelarlng tho
»— level to bo in the president and the
samaeoo*truction prevailed In tho senate.
Maferring to thlsact of tho congress of 170,tn tne
ca»c of Mar bury Ta Madison, Chief Justice Mar
shall says:
"By tho constitution of the United Slates the
* *Bur lo Ms country In ht« political char-
aetcsOuhl tohtt own conscience. To aid hint In
the performance of these duties he Is authorised to
- ppotnt certain officers who act by hi* authority
tid In confonnlty to hi*orders. In such caws their
jets are hi* sets, and whatever opinion may be
entertained of too manner in which executive dis
cretion maybe used, sitllthere exists andean
exist no power to control that discretion. The sub
jects are political. They respect the nation, not in*
department of foreign affairs. This officer, i
duties were prescribed by that act, haa to conform
prccHely to the will of the president. He is the
mere organ by whom his will is communicated.'’
Aealn he says:
"where toe head of a department acts in a ca*o
m which the executive discretion 1* to be exercised
jn which he Is the mere organ of executive will. It
la again repeated that on any application
Ut»n«ll« K.M, that Rrr.t 1<^»I laalnUT, la
l *** P re * i ^a® t make removal*^ says:
.. tp 1*amounted to a legislative coustrucuou of
tbe oMt. II^TlN. rqnuiTW wrtrr other offim
of Ui.coTKiUBcat wpoiaM br the prwUtal ul
ptindor tb.ir communion., by the dMl.Inn of a .
^luSS?fa8?SJ£yi!fKut:» to r«.plt,i. I !L‘£I'AL^f'.L^ili'io.preUdont not onl, for
late in detail the elements of constitutional con
struction and historical Induction by which this
doctrine has been established as the public law of
because of the alleged incompetency or bad char
acter nf the nominee? , • .
Did the first vole of rejection mean that
senate was opposed to the removal or that l
nominee was an Improper person, sni*
®^S?”ofX«d&k.r; H4V.
many tote* rejecting nominees are necessary to In
dicate the will of the senate that they wiU not con
sent to the removal of the original incumbent, and
if a vole against toe uomiuee amounts to a refusal
to remove the incumbent, why not reinstate him In
his office os Boon os the flrat vote of rejection has
been bad. and why does toe statute direct
the president as soon as practicable to make
another nomination to fill .toe place? 1 The
vory fact that the president Is required-in
case of a rejection of toe nominee, to make anatHc r
nominatJou to fill the Mine place shows conclu
sively that congrets Intended to treat it aa a va
cancy and make It the duty of . the president to fill
it as other vacancies are filled, * —
make nominations until a persoj —
ed who .commands the consent of the senate. Is i
necessary for the president to make two nomlna-
tions or persons to fill too place of the suspended
officer and take a vote of ineseuateon each before
It can he said that the senate haa refused to concur
In the removal by such vote?
Suppose, as In case of other vacancies, that the
.senate should reject tho second nominee; why
might bo not send a third and a fourth, and If the
senate should reject each, which vote of rejection
of the nominee was tho vote refusing to consent to
the removal of the suspended officer? Was It the
first? No, because the statute provides for another
nomination and a second vote, noton the removal,
but on the confirmation, and who can doubt In
that case, tost if the senate should reject the sec
ond nominee that the president, by virtue of the
K wer vested In him by the constitution, would
ve the right to make a third or a fourth,
or as many more as might be necessary
until the senate should confirm some
_j senato to eompai the presiden
to deliver to the senate the papers upon which hi
may have acted fn toe matter of a suspension o
removal from office-la not founded on any an
tberity conferred upon tola senate by the coatttsu
tlon or lairs of toe United States.
> h|gl
case the senato would refuse to confirm any nomi
nee. We cannot suppose that toe senate would do
so absurd and unjust on set as to refuse to oonfirm
a second nominee, If he was worthy and well
—'.*■1,004 there were no good cause of reje
'e cannot suppore the senato would a
i prejudice, its passion or Its feeling of ho.
_ . tho president In confirming or rejecting
nomination b“ n —*- —**— -*—•
lowertoe dignlt# oftL
tlcctothe Individual.
But suppose I am wrong about all this,and when
the senato has rejoctod a first and
second nominee to All the (plaoe of
the suspended officer, for both votes are required
by toe statue, and has adjourned without consent
ing to the appointment of anyone to fill It, that
h adjournment by the senate without action rc
the suspended officer to his office, still he l
not reinstated, so that he can. under the languagt
of the first section of the act, "hold such office,” foL
no one, I apprehend, will question toe right of the
president too very hour that the senate has ad-
to issuo another order suspending him,
minting a proper person to take the office
emoluments. Bear in mind, then, Mr.
fent, that there is no provision in the act of
be has once been suspended, bold the position for
a tingle hour. If the president suspends him
again as sooni as the senate adjourns he is prxctl-
calluil^tf office until the adjournment of the |
of too senate, and nobody will deny,
the papers In bis possession which related to the
removal, but for all the evidence ho might possess
in the case. This was the absurd extent to which
the act of 1867 was carried in violation of the ton-
! elemental law of the land. So much
| for tho act when it was intond-
^<^^sriSri75r.i5Ajr^.i;rhy; l^nS tl wh?n A u d wu
»^SL , ^S2ssss. wi,o, * , 'i lrea ‘ o
"Thopowernas been exorcised In many cases I ** already stated, denies to th® president t&O pow-
with too approbation, exnre« or implied, of tho £ r i° an officer who has been appointed by
fcnate, ana without challenge by any legtslatlro I iil^ t S*i .Ohhkknt of the senate
act of congress. And Jt ls_ oxpkesaly ^resjrepdln | bul^VtocsfelfittS worfs^Txcspt 1 m heifo
toAlhsrm
beln^mad 0 K n
1 havea.’rcady referred—
act of congress. And It Is expressly reserved In I KirlSdVtifo “MS
s^ns:r !!,nof0 “ oai “" bo ‘ h tb " urr SSaSBiKSBIP^ZSftiT
(8 Opluiona 231.) I provided as to all suspensions mad
WMtho c.UWl.hed
.— — senate,—_ _ ri
son to hold too office until toe end of the next
session of .the senate. If the senate during caoh
aesMan refuses to confirm the nominee, It Is made
the duty of thejpreildent not to reinstate tho sus
pended offleer, but at each session to nominate
another person to fill toe office.
But it has been Argued horo that the supremo
_>nrt of the United States, in Embry’s case, united
States Deports,volume MO, hasdeddedlaat the
■titpended officer la reinstated after the senato ad
journs without confirming hit successor. An ex-
aminatlonoftbat case will show that the senator
who used It was mistaken as to the point decided.
The question raised was notone of too right of too
anspende'* 1 —‘—’ ‘
it was s
salary ' during the tlmo of the
suspension, and the supreme court decided, and all
that It decided was, that the suspended officer hod
no right to the salary during the tlmo, bnt that the
person who filled the office and did th® duties was
entitled to the salary. That was the decision, aud
it was all that was decided. In that case, tho first
assistant postmaster general had notified the sas
pended officer after the adjournment of the senato
to.rcsume the duties of tne office until the case
could be submitted to too attorney general, and
question had been raised about too effect of I
suspension orhii ** —
action brought by
— luring in® “ ~
vm li>f .Till *
lent
ary during the tlmo ho was out of office,
^Cklef JjjiUcf Waite says, In delivering the opln-
»Marshall In too esse to which I
practice In the oxecutivo deportment, and such...
SiffiKiBSir a uptoU “ pM “ w
Speaking of the power of the prealdent to uako
pImm' 0 ?! I STO2i5ts?iM«ii5irsn'.55r n . pom*
I the executive 1m oonoluslvo. If the prosldcdt ha*
SnV^(Tk.M?r.«ra;llr*bLmShm"’;, , f^ hl1 d,Kr ° ,lm th »™
wrarr,'° u °s
sms'.
gulahed republican statesmen of the present day, I wcccssor. The act makes ft too duty or the
os well as too unbroken practice of the different
proeldcnU through all the administrations down
etmctlou o/th® ■constiVullon for*tho°llrat reve^Uy- I ,u spoil ■ion (clearly contcmpUtlng a vote of tho
the president hod the power, In the exercise of his
and ronrent to the removal of such officer, they
“ certliy to the president, who may thore-
emove such omcor. This contemplates a
report by the president to the senato of such sus
pension. with his reasons for the removal, and
‘he action of the senate upon It.
and a notification to th® president that
uvumutv VUIMKVU 111 . toey have consented to tho removal; and when
civil war. At tho ond of the unfortunate struggle I
the dominant party which then controlled con- I W- h ?.ptoyjhweuppu remove ouch officer, aud it
grew by more loan two-third* majority, at a time I jSSfL
—^am»»4sa msissss$s33i
wnd or remove the officer, and if they concur
president may then mako tb® removal, and af-
the removal has been made, there being a va-
ey.of course the president may nominate some
... tho KMlt, mxf con
cord with tho port, that placed him In power. I , m,
» Arti9L5L«H¥S5ia. thV , .?IVn&XnSSS'it 0, ,i{S 0 d;[J Sf\o
1 president, os Incase of all other vacanelei, to nom
inate somo proper person to fill tho placo. and If
h session refuses to consent to
the removal, then It is mado
lo nominate another per-
to said session of the sen
ate for said office.
^ the uf(li'fM7~dutintTho'MSoi whon .xcTte- I
mcnl ucl prcjndlc. wer. at uielr highest point. I
01 u,# “**“*■"“ rjUow - Ki’dTot’^uUMpir^d^'rss
“&S£Wh*t,T.rT*r»« hold.u ? «r. S fkU tS ‘thj
tverv I senate. • —f ■ •» w > .r «T
--jNbrof
person who shall hereafter be appointed to any s
office, and shall become duly qualified to
therein, is and shall be entitled to hold such office
until a KicctMsor shall have been in like manner
appointed and duly qualified, except as herein
provided: Provided; That toe secretaries of state,
ot the treasury, of war, of toe nary, and of toe In
terior, too rostmorter-fenenU. and the attornoy-
general shall hold their offices respectively for aud
during the term of th® president by whom they
may have been ap|>otntcd, aud for one mouth
I hereafter, subject to removal by and with the Ad
vice and consent of tho senate. . ...
Fee. 2. That when anv officer appointed as afore’ | state the suspended officer? No. Th® president
raid, excepting Judges of tho United Htates courts* I shall nominate another person as soon a* practl-
shall, during * recess of the ®cuate, be shown by I cable to sold session or to® senate for said office.
ayMsfeoasauaiaeti * — *’— * —*
■ Again, the act of 1867 and tho act of 1860 are very
unlike In another respect. The act of 1867 provides
that If the senate shaft refuse to concur in sueh
suspension such officer so suspended shall forth-1
I with resume the fttnctlous of ols office, and the I
K Mwera or tt* person sopcrformlng the duties in
■i stead shall cease. The act of iwy makes no
provisions for toe resumption by the suspended!
officer of the foncUous of his office In any case. U
provides that If the senate during such aesston
shall reftrc to advise and consent to an appoint
ment in place of any suspended officer, then, and
not otherwise, the president shall do what? Rclnd
shall become incapable or legally dlsqualifl *d to
•rform its duties, in such case, and in no other, , - —
ie president may »us;«nd such officer and desLg- I there is no power in the senato or In any other
it® some suitable person to perform temporarily I tribunal, without the consent of toe president, to
ie duties of such office until the next meeting of I reinstate the suspended officer. So that he mar,
tb® neat senate, and until I he case shall b® acted I as provided into® first section of the act of 1889,
upon by the senate, and such person so designated I "bold such office during the term for which he
shall take the oaths and gire the bond required by I shall have been appelated." or hold it for a single
law to be taken and given by the person duly an- I day. The act of 1867, as already stated, mode pro-
“ *- **•* ^ * i it I vlrtoo for reinstating him. The act orDWdenles
shall be the duty of the president, within twenty |
days after the flrat ilay of such next meeting
of the senate, to report to the senate such
totbesuspendedofficertherlghtto be reinstated
and "hold Mich office during toe term for which he
tv®s appointed.” It treats too case os a vacancy,
and maxes It the duty ortho president, as soon ~~
—Ttlcable. to nominate anotner person In ex*?
senate refti*M to confirm the person nomi
nated as his successor. If the act of ISttthad in-
lender} that the officer be reinrtated It would
ouch officer, they shall so certify to tho president, I have mede provision for a vote of the senate on
who may thereupon remove such officer, end, by I the removal of the suspended officer, aa in case of
and with the advice and consent of the senate.
eppofat another person to such office. Bat If the
senate shall reftue to concur la such suspension,
such officer so suspended shall forthwith resame
the ftmrtfou of his office, and the powers of the
person so performing its dutiea tn his steed shall
ccom;. and the official salary and emolument* cf *uch.
officer shall, duriiw such snspensiou, belong to tho
tenon so performing the duties thereof, and not to
the officer so suspended: Provided, however, that i
tbv president, lu cose he shall become satisfied >
that such suspension was mail® ou iosufficient I i«jh>u
grounds, shall be authorized at any time before re- ~ "
porting such suspension to the senate, as above
vrovi*1rd, to rerok® »uch suspension and reinstate
stM'h officer tn toe performance of toe dnUsa of bis
office.
Mr. rrcstdent. this act was tbonmgly rsdicaL
reverted the ruling and practice of th® government
f»*r the last three-quarters of a century. It denied
absolutely to® power of tne prertdeat to crake re
movals without toe advice and consent of toe sen
ate. it dUnot penult stst* removals unless it wes
Ithe «ct
■The statute makes no such provision, and con-
■Ir* upon thl* senate r.o power to vote on the ques
tion of removal. If It Is contended that the veto
ou toe confiimation of tho nominee of the presi
dent, if unfavorable, D a vote against the removal
ot the original incumbent, and works a rejection
of the nomii eo and reinstate* the !ncumb?nt,
then the subsequent provision of the Ma rne,
which declares m such can* that the president
11hall, as aoou os practicable, uauiluatc another
)«TM>n to fill toe place, is a «tmplo absurdity. In
other words. If toe vote of the senate to relect the
nominees i* to be taken as a rote against the re
moral of the suspended officer, why is U
necessary to bare two or more vote® against toe
stxtpension? If the president nominates another
■eraon for the office, and the senate then refuses
■o confirm that pereon. which one of the vot«a,aad
both ore required by toe >Uinte t ls the vote sgainst
feromroMwkMMMi the confirm-
president to
alien of the nominee? How I
Tb® important constitutional question which has
at times occupied the attention of toe political de
partments of toe government ever since lu organi
sation, and which waa brought to our attention In
the argument, la not, as we think, involved. The
question hero presented is not one of “ '
salary. Wherever the power of remov
may rest, all agree that congress has ft
Enlaric*. exoept those of the president and Judges
ot the court* of the United States.”
Tho question before too supreme court of the
United states in Embry’s case, therefore, was a
question of salary, and the chief Justice expressly
dhclalms even the consideration of the question
as to whether the president had the right to make
removals from office, or whethor the senato had a
right to bo conmlted. The decision, therefore,
practically has no bearing on this question.
TJieo,a.s neither the senate nor any other tribuna
has any power to prevent tho stupenslou, in the
direct torn of to® president, during the recess of tho
senate, alnl as neither tho senato nor any otber -
powrr In this government can practically reinstate
the suspended officer, what has the sonate to do
with tho cow of suspension or removal? It has no
Jnricdiction and no power to control it, aud It
usurps an authority not conferred upon it by the
constitution or tho laws when it attempts to inter
fere. It has no more right to demand of tho presi
dent the evidence on which ho acted or the rea
sons for hi* action than it has to demand of tho
supreme court the reasons for the decision mado by
that court, or to demand of tho bouse of represen
tatives the reasons why it refused to pass a bill
passed and sent It by the senate. It has no more
power over tb® subject than the president has to
requiro tbv senate, wheu b® has nomln ated a per
son to fill a vacancy, to give tho reasons for the re-
lection of Mich person or to produco the papers that
influenced toe action of the senate. The attempt
few naked, bold usurpation on the part of thlssen-
Mr. President, the absurd act of 1867 never was
the law of this land. It is In plain and palpable
violation of the provisions of the constitution to
which I have referred. It attempted without au
thority to limit the legitimate power which tho
constitution confers upon tho president in mak- ‘
log removals from office.
I conclude then, that th.
tutlon which confers upon tbe prbsldeu't tho'exec
utive power of the United States confers tho right
subject to the qualification* afterwards mentioned,
to appoint or remove any and all officers of tho
United States. Tb® unlimited executive power of
a state certainly carries with U tho power of ap
pointment and the removal of the persons to ful,
the officet designated by Uw as necessary to tho
complete execution of the executive power. This
executive power vested by the constitution iu the
Dnsldcul.ui toe following ,
TTWfthe presldmitnas uo*^wcrto ‘remowo'V
fudge of the United States court.
That the pieatdent’s appointing power la subject
to the advice and consent of the senate.
, That congress has no power to limit the appoint-
lug power of toe president and senate incase of
superior officcra.
That congress has the power by Uw to divest tb®
appointing power of to® president and the senate
in cases of inferior officers, by conferring Uw pow
er of appointment on tho courts of Uwor to® heads
of departmenti, or it may divest the power of the
senate over the question by conferring the power
of appointment of inferior officers upon the presi
dent aloue. But this power reel* with the presi
dent and senate until congress Jhas divested it to
the president alone, or lath® .oourts of Uw.oriu
the heads of department*; and congress can vest ft
nowhere else.
That congress has no appointing power, but it
may by Uw confer on the president or theoourtsof
Uwortoe heads of departmente toe appointing
poweT In case of inferior officers.
That the executive power, which includes tfee
power of appointment and removal, when con
ferred without other limitation, to still left in the
hands ot the president with toe qualifications as to
treaties and appointments already men Honed.
That the executive power vested in the president
confer* on him t u *—’’
of appointment < _ r
senate, and that power it not limited os In thdeose
of the appoint tog power by any other provision of
the constitution.
The legislative department of the government
as no right to limit it, because the constitution
has conferred it upon the president without lim
itation. The senate ha* no rightto limit it because
the senate possesses only such powers as ora con
ferred upon it by the constitution, aud the consti
tution confers upon the senate no authority to limit
the presiden's power of removal which he poun&cf
“i an important part of hts executive power.
1 hold, then, that the president possesses under
toe conrtitution, except to ca*c or judges of the
United States courts, tne unlimited power lu hi*
dbere flop to remove all federal office holders an-
pointed os above mentioned by the president with
the eonrent of the senate, and for the exercise of
that power he U neither ameuank to congress uoc
the fcnate, unless he sen corruptly, in which case
be may be reached by the power or impeachment.
But neither the conrros* nor the senate has aay
power to call upon him to account for any act of
removal to any other manner. Neither the legis
lative deparirncm of the government, nor the ex
ecutive department, nor the senate, nor any other
officer of the government has the right to require
pow*
to tu* It with sufficient energy.
If there to any chargo against him In thepopala
mind, It Is not the charge of commission, not tha
he has made mistakes In making appointmen
removals from offico (doubtless Uke all other
he has made mistakes), bnt that his greatest
PO™
wj»» tbf people of the Coiled Sutee ctUed
president lo the high end re.patulblepo.ti
he now Dili, ud placed lu hi. baud, aiaui
trust the executive power of tht. govenwe
the?'expected in carrying out hi. policy that
would put la office, and retain tn office as his aw
anu, perron, of ability and IntegUty who
In hi, policy and are ready with zeal and .
to render Important and blthful service In <auv
lng It Into execution. It wu not the Intention
the people that all the executive office. Of the go
eminent should bo tilled, or partly tilled, wll
political .plee,plotting how they i«n soonest ovi
throw the administration, and aympathlzii
more with thorn who, from tho oiist!
make war npon It, than they do with 1
prealdent and with hia friend, who are attemi
iDg to retain lu policy, which la Intended to a
vance the bc.tlntere.ta of the wholo people off
country.
Cct the president exercize the power confer
npon him by tho constitution of the United sta
andI remove(from offloethow who are hot In .
cord with his administration and not ready to i
faithful eervlce In aiding to carry out thla pollt,
and am their placet with honest ctpablo men wlj
are Mcnda to the ndmlnhtratton, and the nnin
■al acclaim oi democracy and the honeet maaw
"*‘ ii<ion<! - th “* ood
Mr. President, the people, that bight ooort ol a
Dealt of last reaort, from whose Anal dec -
there la no appeal, to whom alone the i
la nwponslble for the manner In whlc..
crclsea his diacretlon In the matter of removall
from office, when they hare heard the argumenll
and cctulder the Caw on ita mcUts, will order 1
non suit, the eo« to bo Datd by the plaintlA,in thf
great .ease of George r. Edmund, and company
republican manager, of the acnate, verms Grove
Cleveland, prealdent of the United state,.
Yonr Pale Face,
yonr sunken eye and haggard countenance ,
nnmlatakable proofs of exhausted vitallt:
Bead the "Science of Life,” published by i '
Peabody Medical Inititnto, Beaton.
Indorsement of Our Poaltlon,
Sometime ago The OomTmmoir gave i
strong indorsement of Woolley opium a
whisky cure. , We wore very careful in lnru_
tlgating the matter fnlly before we gave it onl
indotsement. We had aeen iu work for yeanf
We bad. read thonaanda of testimonials from
grateful patients who had been mened trod
worn than death by iu miraculous influen
We had pereenelly scon cases that doctors»
given ap aa hopelcaa, and left to despair and
death) cored and made wholeeome and aonnl
and saved by Woolley’e oplnm cue. Still wl
watted until evidence had accumulated anl
caeca had multiplied so that It was lmposslbl]
to doubt- any longer and then wo coala aafelj
put our Indorecment on it. There are manf
cases of sporadic cure here in Atlanta
There are many case, supposed to be hopeli
that recover through nature’, own methoi
few caw, doe, not ertabli
, lclne that deala with deip
diseases; bnt when the testimony U nnivt
when it oomee unbroken from every rtate 1
the anion, from persons of different tamper
menu, living In different climates, taken
different stages of the opium habit and ofh
when other disease, complicate (he case, whcL
the testimony comes in thl, shape, ana fra|
cloud, of witnneei, the troth t, so plain tl
» wayfaring man though a fool may mo it.
We print this morning a letter bom thl
original written bom the distant state of Call
foraia and dated February 35th. It explain
Itself fully. Here it a man who tried tw.
‘Icing physician, who had tried the redud
system, and whose manta for oplnm wa
so complicated by other dtaeaiH that It had I
Crm hold span hie system. He accidental!;
saw an advertisement of 0r, Woolley’sant|
had cured th6 diseases that sprang from tb
habit, and left him a free, happy and health
i mao. ..Bead what he writes and hood T
worda t .
GAtoLEY, Cal., February 25lh, 1886.—Dr. B. 1
Woolley, Atlanta, Ga.—Dearfilrr Yours of the 121
instant received. God forbid that any living n
tal should ever tamper with narcotics In any t w
or form. 1 haa usca morphine and other norc _ _
.until X waa.about a complete physical wreck,
hen made up my mind that I mutt get rid of thj
labltlfpomiblo. I tried it upon the plan of reduf
tlon but foiled aa often os 1 tried it. Then 1 con
menced answering every ad that promised toe
the opium or morphine habit. I tried two dool.,
and they both foiled. I then came across Dr.}
M. Wooiley’s ad, of Atlanta, Go., answered It«
in duo tlmo received his circulars and b“ u
read and considered the best that my ah
mind would admit of. I finally concluded to g
jm order and did ”0. Received tho antidote «
the first or July. 1885. I followed dlrectlbns d
and from the first doaoof antidatol wantc
n the 10th of January, 1
- antidote without any ti__
hie, have bad no deriro for any since. My proil
for Dr. B. M. Woolley’s antidote to unbounded. I
do consider him® great benefactor to mankind. |
mow that my com was a very complicated <
for ether disease* had® firm hold on me.
cured me, and I know that it will do all
claimed - for it, I am once more a free man, i
will only follow ti
to da Will correspond with any one upo
subject. Sufferers, the doctor can do all ho c
. EGbGIA, FAYETTE COUNTY—TO ALL WHO
r It DUIT concern: tlzrthz A. Butler,.
.. Goa W. Murphy, has applied to to® und
for leave to sell the remainder interest of said *
in £7X acres of land, the same being In the n<
cast corner of lot of land No. 202 In toe 5th dfe
of sold county, and I will paaa upon said appl
tlon oti the first Mondayln April, 1596. Given ul_.
my hand and official signature, this 25th day
February, 1886. 1
G'
ore
D. IL FRANKLIN, Ordinary ^
ORGIA, RABUN COUNTY.—AGREEABLE
S'TY,—AGREEABLE ifl
i TroiaH
< J nn order of tho «.’ourt of f
ty.i will be sold on the first
before the Cburt-hoo*® door In Clayton, the t{
lowing described lancfe, to-wit: Lota Na 71, In tj
thirteenth district orirtuallv Uriffifflfellfflffiffllfei
Bold »the propertv or GcorHHHMHMI
cc.tcd, to perfect tltlM, for th. benedt orth, t
ofizlddcccucd. Tcrrn. mad. known onrUH
Mia .. ^ JAMES J. fieoannonTI
P*| OnBdtanof th.mlnoaof uM dco»wd.|
| FcbmsrrM. ltM tn.r2—wfcyit I
IS I
'AGE
HOMES WITHOUT CAPITAli
trect, for octu.1 settlement onlj. Bold on ol.
•no to tan rwtre. Totocco, Fruit. *U a
Grumsgrewu rx.OOO In two months;low p
Ecssom-lntormt only for av.vcirs. O
lie. nmds. schools, market, on western 1
reed. Address thr clrcnlsn c. WUITTlEIt,”,,
Her. K.C.. with stamp. Mention this ipsper.
tania-wkyig
THE DIN GEE St CONARB (_ w .
BBkCIU'lIL EVER-BLUOnUb I
■fondarn r..n*. t’ ni *--y. : * *nd price* to wifi
Oficea «-*mIco m r.'-riftk-s, |
a TO fa fLiHTSS *8_to «1
.... .. Vf *• prr RsiSns
port
Uke I
.■*X—L yv,;- 1 .. 1 .
Sewt.iu tp.«fv ■
Atom. TtiE rmi i
Uoca Grov — t.'r
Mention this popes.
;nYAi!ji£&
tsb—KwkrlOeo.
SHORTLY
vrattd to him by the coasUtutlon of toe United
BY
Ooodptrtowrltan. Writs it
’ INDISTINCT PRINT j|