the cleveland era-第10章
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years。 It may be admitted that； in a sound constitutional system； a change of management in the public business would not vacate all offices any more than in private business； but would affect only such leading positions as are responsible for policy and discipline。 Such a sensible system； however； had existed only in the early days of the republic and at the time of Cleveland's accession to office federal offices were generally used as party barracks。 The situation which confronted President Cleveland he thus described in later years：
〃In numerous instances the post…offices were made headquarters for local party committees and organizations and the centers of partisan scheming。 Party literature favorable to the postmaster's party； that never passed regularly through the mails； was distributed through the post…offices as an item of party service； and matter of a political character； passing through the mails in the usual course and addressed to patrons belonging to the opposite party； was withheld； disgusting and irritating placards were prominently displayed in many post…offices； and the attention of Democratic inquirers for mail matter was tauntingly directed to them by the postmaster； and in various other ways postmasters and similar officials annoyed and vexed those holding opposite political opinions； who； in common with all having business at public offices； were entitled to considerate and obliging treatment。 In some quarters； official incumbents neglected public duty to do political work and especially in Southern States； they frequently were not only inordinately active in questionable political work； but sought to do party service by secret and sinister manipulation of colored votes； and by other practices inviting avoidable and dangerous collisions between the white and colored population。〃*
*Cleveland； 〃Presidential Problems；〃 pp。 42…43。
The Administration began its career in March； 1885。 The Senate did not convene until December。 Meanwhile； removals and appointments went on in the public service； the total for ten months being six hundred and forty…three which was thirty…seven less than the number of removals made by President Grant in seven weeks； in 1869。
In obedience to the statute of 1869； President Cleveland sent in all the recess appointments within thirty days after the opening of the session。 They were referred to various committees according to the long established custom of the Senate； but the Senate moved so slowly that three months after the opening of the session； only seventeen nominations had been considered； fifteen of which the Senate confirmed。
Meanwhile； the Senate had raised an issue which the President met with a force and a directness probably unexpected。 Among the recess appointments was one to the office of District Attorney for the Southern District of Alabama； in place of an officer who had been suspended in July 1885； but whose term of office expired by limitation on December 20； 1885。 Therefore； at the time the Senate took up the case； the Tenure of Office Act did not apply to it； and the only question actually open was whether the acting officer should be confirmed or rejected。 Nevertheless； the disposition to assert control over executive action was so strong that the Senate drifted into a constitutional struggle over a case that did not then involve the question of the President's discretionary power of removal from office； which was really the point at issue。
On December 26； 1885； the Judiciary Committee notified the Attorney…General to transmit 〃all papers and information in the possession of the Department〃 regarding both the nomination and 〃the suspension and proposed removal from office〃 of the former incumbent。 On January 11； 1886； the Attorney…General sent to the Committee the papers bearing upon the nomination； but withheld those touching the removal on the ground that he had 〃received no direction from the President in relation to their transmission。〃 The matter was debated by the Senate in executive session and on January 25； 1886； a resolution was adopted which was authoritative in its tone and which directed the Attorney…General to transmit copies of all documents and papers in relation to the conduct of the office of District Attorney for the Southern District of Alabama since January 1； 1885。 Within three days； Attorney…General Garland responded that he had already transmitted all papers relating to the nomination； but with regard to the demand for papers exclusively relating to the suspension of the former incumbent he was directed by the President to say 〃that it is not considered that the public interests will be promoted by a compliance。〃
The response of the Attorney…General was referred to the Judiciary Committee which； on the 18th of February； made an elaborate report exhibiting the issue as one which involved the right of Congress to obtain information。 It urged that 〃the important question； then； is whether it is within the constitutional competence of either House of Congress to have access to the official papers and documents in the various public offices of the United States； created by laws enacted by themselves。〃 The report； which was signed only by the Republican members of the Committee； was an adroit partisan performance； invoking traditional constitutional principles in behalf of congressional privilege。 A distinct and emphatic assertion of the prerogative of the Senate was made； however； in resolutions recommended to the Senate for adoption。 Those resolutions censured the Attorney…General and declared it to be the duty of the Senate 〃to refuse its advice and consent to proposed removals of officers〃 when papers relating to them 〃are withheld by the Executive or any head of a department。〃
On the 2nd of March； a minority report was submitted； making the point of which the cogency was obvious； that inasmuch as the term of the official concerning whose suspension the Senate undertook to inquire had already expired by legal limitation； the only object in pressing for the papers in his case must be to review an act of the President which was no longer within the jurisdiction of the Senate； even if the constitutionality of the Tenure of Office Act should be granted。 The report also showed that of the precedents cited in behalf of the majority's contention； the applicability could be maintained only of those which were supplied by cases arising since 1867； before which time the right of the President to remove officers at his own discretion was fully conceded。
The controversy had so far followed the ordinary lines of partisan contention in Congress； which public opinion was accustomed to regard with contemptuous indifference as mere sparring for points in the electioneering game。 President Cleveland now intervened in a way which riveted the attention of the nation upon the issue。 Ever since the memorable struggle which began when the Senate censured President Jackson and did not end until that censure was expunged； the Senate had been chary of a direct encounter with the President。 Although the response of the Attorney…General stated that he was acting under the direction of the President； the pending resolutions avoided any mention of the President but expressed 〃condemnation of the refusal of the Attorney…General under whatever influence； to send to the Senate〃 the required papers。 The logical implication was that； when the orders of the President and the Senate conflicted； it was the duty of the Attorney…General to obey the Senate。 This raised an issue which President Cleveland met by sending to the Senate his message of March 1； 1886； which has taken a high rank among American constitutional documents。 It is strong in its logic； dignified in its tone； terse； direct； and forceful in its diction。
Cleveland's message opened with the statement that 〃ever since the beginning of the present session of the Senate； the different heads of the departments attached to the executive branch of the government have been plied with various requests and documents from committees of the Senate； from members of such committees； and at last from the Senate itself； requiring the transmission of reasons for the suspension of certain officials during the
