Of the elaborate speeches made in support of the resolutions and the committee’s majority report, seven dealt more or less prominently with the President’s Civil Service reform professions and his pledges against the removal of officials on purely5 partizan grounds. It seems to have been assumed that these pledges had been violated. At any rate, without any evidence worthy6 of the name, charges of such violation7 ranged all the way from genteel insinuation to savage8 accusation9. Senators who would have stoutly10 refused to vote for the spoils system broadly intimated or openly declared that if suspensions had been made confessedly on 71 partizan grounds they would have interposed no opposition11. The majority seem to have especially admired and applauded the antics of one of their number, who, in intervals12 of lurid13 and indiscriminate vituperation, gleefully mingled14 ridicule15 for Civil Service reform with praise of the forbidding genius of partizan spoils. In view of these deliverances and as bearing upon their relevancy, as well as indicating their purpose, let me again suggest that the issue involved in the discussion as selected by the majority of the Committee on the Judiciary, and distinctly declared in their report, was whether, as a matter of right, or, as the report expresses it, as within “constitutional competence,” either House of Congress should “have access to the official papers and documents in the various public offices of the United States, created by laws enacted16 by themselves.” It will be readily seen that if the question was one of senatorial right, the President’s Civil Service reform pledges had no honest or legitimate17 place in the discussion.
The debate and the adoption18 of the resolutions reported by the committee caused no surrender of the Executive position. Nevertheless, confirmations19 of those nominated in place of suspended officers soon began, and I cannot 72 recall any further embarrassment21 or difficulty on that score. I ought to add, however, that in many cases, at least, these confirmations were accompanied by reports from the committee to which they had been referred, stating that the late incumbent22 had been suspended for “political reasons,” or on account of “offensive partizanship,” or for a like reason, differently expressed, and that nothing was alleged23 against them affecting their personal character. If the terms thus used by the committee in designating causes for suspension mean that the persons suspended were guilty of offensive partizanship or political offenses24, as distinguished25 from personal offenses and moral or official delinquencies, I am satisfied with the statement. And here it occurs to me to suggest that if offenses and moral or official delinquencies, not partizan in their nature, had existed, they would have been subjects for official inspection26 and report, and such reports, being official documents, would have been submitted to the committee or to the Senate, according to custom, and would have told their own story and excluded committee comment.
It is worth recalling, when referring to committee reports on nomination27, that they belong to the executive business of the Senate, and are, 73 therefore, among the secrets of that body. Those I have mentioned, nevertheless, were by special order made public, and published in the proceedings28 of the Senate in open session. This extraordinary, if not unprecedented29, action, following long after the conclusion of the dispute, easily interprets its own intent, and removes all covering from a design to accomplish partizan advantage. The declaration of the resolutions that it was the duty of the Senate “to refuse its advice and consent to the proposed removal of officers” when the papers and documents relating to their supposed misconduct were withheld30, was abandoned, and the irrevocable removal of such officers by confirmation20 of their successors was entered upon, with or without the much-desired papers and documents, and was supplemented by the publication of committee reports, from which the secrecy31 of the executive session had been removed, to the end that, pursuant to a fixed32 determination, an unfavorable senatorial interpretation33 might be publicly given to the President’s action in making suspensions.
I desire to call attention to one other incident connected with the occurrences already narrated34. On the 14th of December, 1885,—prior to the first request or demand upon any 74 executive department relating to suspensions, and of course before any controversy35 upon the subject arose,—a bill was introduced in the Senate by one of the most distinguished and able members of the majority in that body, and also a member of its Committee on the Judiciary, for the total and complete repeal36 of the law of 1869, which, it will be remembered, furnished the basis for the contention37 we have considered. This repealing38 bill was referred to the Senate Committee on the Judiciary, where it slumbered39 until the 21st of June, 1886,—nearly three months after the close of the contention,—when it was returned to the Senate with a favorable report, the chairman of the committee alone dissenting40. When the bill was presented for discussion, the Senator who introduced it explained its object as follows:
This bill repeals41 what is left of what is called the Tenure42 of Office act, passed under the administration of Andrew Johnson, and as a part of the contest with that President. It leaves the law as it was from the beginning of the Government until that time, and it repeals the provision which authorizes43 the suspension of civil officers and requires the submission44 of that suspension to the Senate.
On a later day, in discussing the bill, he said, after referring to the early date of its introduction: 75
It did not seem to me to be quite becoming to ask the Senate to deal with this general question while the question which arose between the President and the Senate as to the interpretation and administration of the existing law was pending45. I thought as a party man that I had hardly the right to interfere46 with the matter which was under the special charge of my honorable friend from Vermont, by challenging a debate upon the general subject from a different point of view. This question has subsided47 and is past, and it seems to me now proper to ask the Senate to vote upon the question whether it will return to the ancient policy of the Government, to the rule of public conduct which existed from 1789 until 1867, and which has practically existed, notwithstanding the condition of the statute-book, since the accession to power of General Grant on the 4th of March, 1869.
The personnel of the committee which reported favorably upon this repealing bill had not been changed since all the members of it politically affiliating48 with the majority in the Senate joined in recommending the accusatory report and resolutions, which, when adopted, after sharp and irritating discussion, caused the question between the President and the Senate, in the language of the introducer of the repealing bill, to “subside.”
This repealing act passed the Senate on the 17th of December, 1886, by thirty affirmative votes against twenty-two in the negative. A short time afterward49 it passed in the House of 76 Representatives by a majority of one hundred and five.
Thus was an unpleasant controversy happily followed by an expurgation of the last pretense50 of statutory sanction to an encroachment51 upon constitutional Executive prerogatives52, and thus was a time-honored interpretation of the Constitution restored to us. The President, freed from the Senate’s claim of tutelage, became again the independent agent of the people, representing a co?rdinate branch of their Government, charged with responsibilities which, under his oath, he ought not to avoid or divide with others, and invested with powers, not to be surrendered, but to be used, under the guidance of patriotic53 intention and an unclouded conscience.
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1 strife | |
n.争吵,冲突,倾轧,竞争 | |
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2 justify | |
vt.证明…正当(或有理),为…辩护 | |
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3 appreciation | |
n.评价;欣赏;感谢;领会,理解;价格上涨 | |
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4 motive | |
n.动机,目的;adv.发动的,运动的 | |
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5 purely | |
adv.纯粹地,完全地 | |
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6 worthy | |
adj.(of)值得的,配得上的;有价值的 | |
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7 violation | |
n.违反(行为),违背(行为),侵犯 | |
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8 savage | |
adj.野蛮的;凶恶的,残暴的;n.未开化的人 | |
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9 accusation | |
n.控告,指责,谴责 | |
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10 stoutly | |
adv.牢固地,粗壮的 | |
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11 opposition | |
n.反对,敌对 | |
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12 intervals | |
n.[军事]间隔( interval的名词复数 );间隔时间;[数学]区间;(戏剧、电影或音乐会的)幕间休息 | |
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13 lurid | |
adj.可怕的;血红的;苍白的 | |
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14 mingled | |
混合,混入( mingle的过去式和过去分词 ); 混进,与…交往[联系] | |
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15 ridicule | |
v.讥讽,挖苦;n.嘲弄 | |
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16 enacted | |
制定(法律),通过(法案)( enact的过去式和过去分词 ) | |
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17 legitimate | |
adj.合法的,合理的,合乎逻辑的;v.使合法 | |
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18 adoption | |
n.采用,采纳,通过;收养 | |
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19 confirmations | |
证实( confirmation的名词复数 ); 证据; 确认; (基督教中的)坚信礼 | |
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20 confirmation | |
n.证实,确认,批准 | |
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21 embarrassment | |
n.尴尬;使人为难的人(事物);障碍;窘迫 | |
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22 incumbent | |
adj.成为责任的,有义务的;现任的,在职的 | |
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23 alleged | |
a.被指控的,嫌疑的 | |
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24 offenses | |
n.进攻( offense的名词复数 );(球队的)前锋;进攻方法;攻势 | |
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25 distinguished | |
adj.卓越的,杰出的,著名的 | |
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26 inspection | |
n.检查,审查,检阅 | |
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27 nomination | |
n.提名,任命,提名权 | |
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28 proceedings | |
n.进程,过程,议程;诉讼(程序);公报 | |
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29 unprecedented | |
adj.无前例的,新奇的 | |
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30 withheld | |
withhold过去式及过去分词 | |
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31 secrecy | |
n.秘密,保密,隐蔽 | |
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32 fixed | |
adj.固定的,不变的,准备好的;(计算机)固定的 | |
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33 interpretation | |
n.解释,说明,描述;艺术处理 | |
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34 narrated | |
v.故事( narrate的过去式和过去分词 ) | |
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35 controversy | |
n.争论,辩论,争吵 | |
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36 repeal | |
n.废止,撤消;v.废止,撤消 | |
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37 contention | |
n.争论,争辩,论战;论点,主张 | |
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38 repealing | |
撤销,废除( repeal的现在分词 ) | |
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39 slumbered | |
微睡,睡眠(slumber的过去式与过去分词形式) | |
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40 dissenting | |
adj.不同意的 | |
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41 repeals | |
撤销,废除( repeal的名词复数 ) | |
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42 tenure | |
n.终身职位;任期;(土地)保有权,保有期 | |
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43 authorizes | |
授权,批准,委托( authorize的名词复数 ) | |
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44 submission | |
n.服从,投降;温顺,谦虚;提出 | |
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45 pending | |
prep.直到,等待…期间;adj.待定的;迫近的 | |
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46 interfere | |
v.(in)干涉,干预;(with)妨碍,打扰 | |
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47 subsided | |
v.(土地)下陷(因在地下采矿)( subside的过去式和过去分词 );减弱;下降至较低或正常水平;一下子坐在椅子等上 | |
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48 affiliating | |
使隶属于,接纳…为成员( affiliate的现在分词 ); 加入,与…有关,为…工作 | |
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49 afterward | |
adv.后来;以后 | |
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50 pretense | |
n.矫饰,做作,借口 | |
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51 encroachment | |
n.侵入,蚕食 | |
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52 prerogatives | |
n.权利( prerogative的名词复数 );特权;大主教法庭;总督委任组成的法庭 | |
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53 patriotic | |
adj.爱国的,有爱国心的 | |
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