Quite early in the session frequent requests in writing began to issue
from the different committees of the Senate to which these nominations
were referred, directed to the heads of the several departments having
supervision of the offices to which the nominations related, asking the
reasons for the suspension of officers whose places it was proposed to
fill by means of the nominations submitted, and for all papers on file
in their departments which showed the reasons for such suspensions.
These requests foreshadowed what the senatorial construction of the
law of 1869 might be, and indicated that the Senate, notwithstanding
constitutional limitations, and even in the face of the repeal of the
statutory provision giving it the right to pass upon suspensions by the
President, was still inclined to insist, directly or indirectly, upon
that right. These requests, as I have said, emanated from committees of
the Senate, and were addressed to the heads of departments. As long as
such requests were made by committees I had no opportunity to discuss
the questions growing out of such requests with the Senate itself,
or to make known directly to that body the position on this subject
which I felt bound to assert. Therefore the replies made to committees
by the different heads of departments stated that by direction of
the President they declined furnishing the reasons and papers so
requested, on the ground that the public interest would not be thereby
promoted, or on the ground that such reasons and papers related to a
purely executive act. Whatever language was used in these replies,
they conveyed the information that the President had directed a denial
of the requests made, because in his opinion the Senate could have no
proper concern with the information sought to be obtained.
It may not be amiss to mention here that while this was the position
assumed by the Executive in relation to suspensions, all the
information of any description in the possession of the Executive or in
any of the departments, which would aid in determining the character
and fitness of those nominated in place of suspended officials, was
cheerfully and promptly furnished to the Senate or its committees when
requested.
In considering the requests made for the transmission of the reasons
for suspensions, and the papers relating thereto, I could not avoid the
conviction that a compliance with such requests would be to that extent
a failure to protect and defend the Constitution, as well as a wrong to
the great office I held in trust for the people, and which I was bound
to transmit unimpaired to my successors; nor could I be unmindful of a
tendency in some quarters to encroach upon executive functions, or of
the eagerness with which executive concession would be seized upon as
establishing precedent.
Public-domain text, read in full here on John Shaqi.
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