RELATIONS BETWEEN THE SENATE AND EXECUTIVE DEPARTMENT.
Speech of Hon. John J. Ingalls, of Kansas, in the Senate of the United States, Friday, March 26, 1886.
The Senate having under consideration the resolutions reported by Mr. Edmunds from the Committee on the Judiciary, relative to the refusal of the Attorney-General to furnish copies of certain papers—
Mr. Ingalls said:
Mr. President: Contemporaneous construction of the Constitution, fortified by long usage and acquiescence, undisturbed for more than seventy-five years, has to my mind incontestably and impregnably established two fundamental propositions: first, that under the Constitution of the United States the power to appoint includes the power to remove, and that both these powers are vested in the President of the United States, subject only to the power of the Senate to negative in cases of appointment; and, second, that where the tenure of an office is not fixed by the Constitution it is held at the pleasure of the Executive.
I therefore take up this argument where the opposition leave it: I begin where they close. I concede all that they demand as to the constitutional power of the Executive upon the subject of appointments to office. If it shall appear that the report of the Committee on the Judiciary is inconsistent with these declarations, that the report and the resolutions to which we are now asked to give our assent in any manner impair or infringe upon, or are in derogation of these admitted high executive prerogatives, then I shall submit to condemnation, for my signature is appended to that report.
So far as I have been able to unravel and disentangle the complicated array of argument by which it has been attempted to destroy the force and effect of the report of the Committee on the Judiciary, I understand that the objections are practically four:
First, that by the action of the majority of the Senate an attempt is made to invade the prerogative of the president by demanding his reasons for the suspensions from office that he has made. To that I interpose upon the threshold and in the vestibule of this argument an absolute contradiction and denial.
The President of the United States in the message that he voluntarily, of his own motion, sent down to this body, starts out with an absolutely unfounded imputation upon the position of the majority. He says that the Senate has been from time to time, in various ways, through committees of the body and by personal importunity, appealing to the Executive to give his reasons for the suspension of officials that have been reported to this body with the designation of others to fill the places thus to be rendered vacant.
Sir, I deny it, and I now challenge from any supporter or adherent of the administration the exhibition of a word, or syllable, or justifiable inference upon which that allegation, so often repeated with so much variety of iteration, can be properly or justly founded.
The effort has been ingeniously made to shift the issue, to darken council by words without wisdom, and to make it appear that there has been a deliberate purpose and intention on the part of the Senate to interfere with the recognized prerogatives of the Executive by demanding his reasons for suspension; and unless I hear some Senator while this debate is now proceeding and while I invite the statement—unless I hear something said in support of that averment, which I deny, and which I affirm has been made for the purpose of clouding this controversy in popular estimation, I shall assume that my denial is not to be met.
Again, sir, it has been alleged in debate, in the public press, by intimation and declaration, and it has been the basis of many studied arguments in this Chamber that there had been demands by the Senate upon the executive for private papers in the cases sent down for consideration. I deny it. I contradict that statement by an appeal to the record; and before that great tribunal by whom this issue is to be tried and determined, I allege that that averment is without foundation. There has never been in form or in substance, directly or indirectly, expressly or remotely, any demand made by any committee of this body upon the Executive or upon the head of any Department for the production of private papers; and I shall be glad in the front of my explicit denial and contradiction if some one of the advocates, some one of the champions of the administration, will point out, before this controversy is concluded, when, where, and how there has been any demand made by the Senate upon the President of the United States or upon any head of a Department for the production of private papers.
That issue was brought in here by the administration. It is said that a guilty conscience needs no accuser. We have been told of those who “fear in every bush an officer.” Sir, it was the interior consciousness of the administration out of which was evolved this phantasy, this farcical allegation, that there was an attempt on the part of the Senate to compel the production of private unofficial papers and communications in the possession of the President of the United States. No Senator doubts that the President occupies an absolutely independent position, and none would desire under any circumstances to interfere with his admitted prerogatives.
I shall strip this controversy of its fallacious incidents. I shall clear away the undergrowth of misrepresentation, sophistry, and false pretenses, that has hitherto obstructed the pathway of our consideration of the real issues that are involved in this contention. With my consent it shall not hereafter be averred before the popular tribunal that is ultimately to decide this question that there has been an indefensible and insolent attempt to impair the constitutional prerogatives of the President of the United States.
Another allegation has been that while this controversy has proceeded the Senate has been inactive, interposing partisan objections to the transaction of executive business, to prevent the execution of his high trusts by the President of the United States. I yesterday had compiled from the records of the executive office, for the purpose of showing what has been done in this particular, a statement, public under our rules, which shows that from the 25th of January, 1886, to the date of the last executive session there had been confirmed by the Senate four hundred and ninety-three nominations of officers sent down by the President. Never in any single instance where there has been a vacancy, occurring by resignation, expiration of term or proper removal upon which we could properly act, has there been an instant of delay. The Senate has not inquired whether the nominee was a Democrat or Republican, but has proceeded vigorously, industriously and steadfastly in the performance of its constitutional duties, and if there has been inaction or non-action upon nominations, I shall show before I conclude my remarks that it has been invited by the administration.
Again, it has been alleged that the action of the majority of the Senate is instigated by the purpose of keeping Republicans in office; that we are moved by partisan considerations to thwart by all means in our power the efforts of the Executive to transfer the official patronage of the Government to the party that was placed in power by the votes of a majority of the people. I am not authorized to speak for others, but for myself and for those who have accredited me here, I cannot submit with patience to such an intolerable accusation.
Mr. President, the Republicans of Kansas are Republicans. They are neither afraid to be so classified nor ashamed to be thus described. They do not covet any qualifying or palliative epithets. Their attitude is neither apologetic nor defensive. They have an unconquerable pride in their political achievements, in the history they have made, in the triumphs they have won. For twenty-five years they have stood upon the skirmish line, neither asking nor giving quarter. They are Republicans not by inheritance, not by tradition, not by accident, but from conviction; and they are as steadfast in defeat as in victory. They are partisans, intrepid, undaunted, uncompromising, and they can give reasons for the faith that is in them.
They believe and I believe that for the past quarter of a century upon every vital issue before the American people, secession, slavery, coercion, the public credit, honest elections, universal freedom, and the protection of American labor, they have always been right and that their opponents have always been wrong; and, while they concede unreservedly patriotism and sincerity to their adversaries, temporary repulse has not convinced them that they were in error. There is neither defection nor dismay in their columns. They are ready, they are impatient to renew the battle. Animated by such impulses, it is not singular that they should feel that no Republican can hold an appointive office under a Democratic administration without either sacrificing his convictions or forfeiting his self-respect.
Accordingly, sir, when a little more than a year ago a Democratic administration was inaugurated, those who were in public station began with one consent to make excuse to retire to private life. They did not stand upon the order of their going; they trampled upon each other in a tumultuous and somewhat indecent haste to get out of office. There was no craven cry for mercy; no mercenary camp-follower fled for shelter to the bomb-proofs of the tenure-of-office act; no sutler crawled behind the fragile breastworks of civil-service reform for protection. They lost their baggage, but they retained their colors, their arms, their ammunition, and their camp equipage, and marched off the field with the honors of war. If at the expiration of one year a few yet remain in office, rari nantes in gurgite vasto, it is because the victors have been unable to agree among themselves or been unable to discover among their own numbers competent and qualified successors.
Mr. President, candor compels me to say that the Democracy of that State share the same temper and spirit. From 1854, when the Territory was organized, down to the 29th of January, 1861, when the State was admitted, if there was a Republican holding any appointive office it was an inadvertence; and if from 1861 down to 1885 there was a Democrat holding an official position requiring confirmation by the Senate, it was an oversight; it escaped the somewhat vigilant scrutiny of my colleague and myself and those who preceded us here.
Therefore, Mr. President, I am not of those who believe in non-partisanship in politics; and I should be recreant to the high trust confided in me were I to refrain from declaring my conviction that political parties, energetic, vigorous, and well defined, are indispensable to the success of free popular governments. Wherever the life of States is freest and most irrepressible, there party spirit is most active and aggressive. It is by the conflict and collision of political parties that the latent and richest powers of the State are made manifest; and those whom I represent have no sympathy with the dogma that it reflects glory upon a statesman to affect independence of his party, or that it is an indication of virtue in a citizen to belong to no political organization.
Political parties are social groups in the nation, allied by common purposes and kindred aspirations for the accomplishment of beneficial results. When parties perish this Government will expire, for we all understand that in this country the only government is the party in power. Here is no dynasty, no ruling family, nothing corresponding to the functions of government under other systems except the party that is for the time being intrusted by the votes of a majority of the people with the execution of their will. And, sir, when a majority of the people declare that there shall be a change of administration, it is necessarily implied that there shall be a change of those agencies through which alone political administration can be made effectual. It is useless to juggle and palter about this matter. A change of administration is a change of policies and methods, and the Chief Magistrate is entitled to the co-operation of agents and ministers who are in sympathy with his opinions and the doctrines which he is chosen to enforce and maintain.
Sir, unless the President of the United States is to be a mummy swathed in the cerements of the grave, he must have powers commensurate with his duties. He is charged to “take care that the laws be faithfully executed,” and unless he has the power to select the agencies through which the laws are administered, through which the revenues are collected and disbursed, the post-offices conducted, the Indians supported and controlled, the glory and honor of the nation maintained, that duty imposed upon him by the Constitution is an idle phrase; it means nothing; it is an empty formula. Charged with these great duties, liable to impeachment if they are not properly performed, how can it be claimed with justice that there shall be an interpolation of novel doctrines of reform, under which while the chief is still to be held responsible, he shall be deprived of all the agencies and ministrations under the Constitution by which they can alone be so administered, in sympathy with him and the policy that he represents.
Therefore, sir, I am confident that when it was ascertained in November, 1884, that a change of the political majority in this country had been registered, there was a general faith and conviction that a change of official holdings would follow. The Democratic party desired it; the Republican party expected it, and would have been content; and had it been done the people at large would have said with one accord, amen. But this generation has witnessed the genesis of a new political gospel; a novel organization has appeared upon earth; a new school of political philosophers who announce that non-partisanship is the panacea for all the evils that afflict the Republic. Having no avowed opinions upon the great topics of the hour, they feebly decry the corruptions of the American system, and peevishly and irritably declare that the Government is degenerate and degraded, and that the true prescription to elevate, reform, and purify the public service is to prevent the clerks from being removed out of their places in the Departments. This brotherhood has not been hitherto very largely re-enforced from the Democracy. If there has been an original civil-service reformer who has deserted from the ranks of the Democracy, history does not record his name. It has been left to the party to which I belong to afford conspicuous and shining illustrations of that class of political thinkers who are never quite sure that they are supporting a party unless they are reviling the candidates and denouncing its platform, who are not positive that they are standing erect unless they are leaning over backward, and whose idea of reforming the organization in which they profess to be classified is to combine with its adversaries and vote for candidates who openly spurn their professions and depreciate the stock in trade which they denominate their principles. Standing on the corners of the streets, enlarging the borders of their phylacteries, they loudly advertise their perfections, thanking God that they are not as other men, even these Republicans and Democrats; they traffic with both to ascertain which they can most profitably betray.
Mr. President, the neuter gender is not popular either in nature or society. “Male and female created He them.” But there is a third sex, if that can sex be called which sex has none, resulting sometimes from a cruel caprice of nature, at others from accident or malevolent design, possessing the vices of both and the virtues of neither; effeminate without being masculine or feminine; unable either to beget or to bear; possessing neither fecundity nor virility; endowed with the contempt of men and the derision of women, and doomed to sterility, isolation, and extinction. But they have two recognized functions. They sing falsetto, and they are usually selected as the guardians of the seraglios of Oriental despots.
And thus to pass from the illustration to the fact, these political epicenes, without pride of ancestry or hope of posterity, chant in shrill falsetto their songs of praise of non-partisanship and civil-service reform, and apparently have been selected as the harmless custodians of the conscience of the national Executive.
Sir, I am not disposed to impugn the good faith, the patriotism, the sincerity, the many unusual traits and faculties of the President of the United States. He is the sphinx of American politics. It is said that he is a fatalist; that he regards himself as the child of fate—the man of destiny; and that he places devout and implicit reliance upon the guiding influence of his star. Certainly, whether he be a very great man or a very small man, he is a very extraordinary man. His career forbids any other conclusion.
The Democratic party was not wanting when its convention assembled at Chicago in many renowned and illustrious characters; men who had led the forlorn hope in its darkest and most desperate days; men for whose character and achievements, for whose fame and history, not only that organization but the country had the profoundest admiration and respect. There was Thurman, and Bayard, and Hendricks, and Tilden, and McDonald, and others perhaps not less worthy and hardly less illustrious, upon whom the mantle of that great distinction might have fallen; but the man at the mature age of thirty-five abandoned a liberal and honored profession to become the sheriff of Erie, without known opinions and destitute of experience or training in public affairs, outstripped them all in the race of ambition; and when but little more than a year ago he entered this Chamber as the President elect of the United States, he encountered the curious scrutiny of an audience to whom he was a stranger in feature as in fame; a stranger to the leaders of his own party as well as to the representatives of all the nations of the earth who had assembled to witness the gorgeous pageant of his inauguration.
Sir, the career of Napoleon was sudden, startling, and dramatic. There have been many soldiers of fortune who have sprung at one bound from obscurity to fame, but no illustration of the caprices of destiny so brilliant and bewildering is recorded in history as the elevation of Grover Cleveland to the Chief Magistracy of sixty millions of people.
If when he was inaugurated he had determined that the functions of Government should be exercised by officers selected from his own party the nation would have been content; but he did not so determine, and herein and hereon is founded the justification that the majority of the Senate can satisfactorily use and employ in demanding that no action shall be had in connection with these suspensions from office until there has been satisfactory assurances that injustice has not been done. If it were understood that these suspensions and removals were made for political reasons the country would be content, the Republican majority in the Senate would be content. But what is the attitude? Ever since his inauguration and for many months before, by many utterances, official and private, in repeated declarations never challenged, Mr. Cleveland announced that he would not so administer this Government. At the very outset, in his letter of acceptance, he denounced the doctrine of partisan changes in the patronage, and through all of his political manifestoes down to the present time he has repeated these assurances with emphatic and unchanging monotony.
He has declared that there should be no changes in office, where the incumbents were competent and qualified, for political reasons, but that they should be permitted to serve their terms. Like those who were grinding at the mill, one has been taken and another has been left. Some Republicans have been suspended and others have been retained. What is the irresistible inference? What is the logic of the events, except that, in view of what the President has declared, every man who is suspended is suspended for cause, and not for political reasons? It is not possible to suspect the President of duplicity and treacherous deception.
For the purpose of illustration, let me call the attention of the Senate and through the Senate the attention of the country, which is to judge of this matter, to the basis on which this inquiry proceeds. I read from the letter of Grover Cleveland, dated Albany, August 19, 1884, accepting the nomination for the Presidency of the United States. He says:
The people pay the wages of the public employés, and they are entitled to the fair and honest work which the money thus paid should command. It is the duty of those intrusted with the management of their affairs to see that such public service is forthcoming. The selection and retention of subordinates in Government employment should depend upon their ascertained fitness and the value of their work, and they should be neither expected nor allowed to do questionable party service.
There is another utterance in this document to which I might properly allude further on, but which appears to me to be so significant that I will read it now. It has a singular fitness in connection with this subject that we have been discussing. Speaking of honest administration, he says,
I believe that the public temper is such that the voters of the land are prepared to support the party which gives the best promise of administering the Government in the honest, simple, and plain manner which is consistent with its character and purposes.
And now:
They have learned that mystery and concealment in the management of their affairs cover tricks and betrayal.
Yes, they have learned that mystery in the administration of the patronage of the Government, by the concealment from the people of the documents and papers that bear upon the character and conduct of officials suspended and those that are appointed, cover tricks and betrayal. “I thank thee for that word.” A “Daniel” has “come to judgment.” No more pertinent and pungent commentary upon the facts of the present situation could be formulated than that which Grover Cleveland uttered before his foot was upon the threshold, that mystery and concealment in the management of the affairs of the people covered tricks and betrayal. There are tricks and somebody has been betrayed.
Again, on the 20th day of December, 1884, after the election, some of the contingent of Republican deserters who elected Mr. Cleveland to the Presidency, becoming apprehensive that there might be trouble about their thirty pieces of silver, formulated their uneasiness in words and addressed him a letter calling his attention to the professions upon which he had been elected and demanding further guarantee. To that letter, on the 25th day of December, 1884, Mr. Cleveland replied, and from that reply I select certain paragraphs, not being willing to tax the patience of the Senate or waste my own strength in reading what is not strictly material.
I regard myself pledged to this—
That is, to this practical reform in the civil service, this refusal to turn out competent and qualified officials and put in Democrats—
because my conception of true Democratic faith and public duty requires that this and all other statutes should be in good faith and without evasion enforced, and because, in many utterances made prior to my election as President, approved by the party to which I belong and which I have no disposition to disclaim, I have in effect promised the people that this should be done.
Not his party, but the people, Republican as well as Democrats. Then he proceeds to castigate the Democratic party:
I am not unmindful of the fact to which you refer that many of our citizens fear that the recent party change in the national Executive may demonstrate that the abuses which have grown up in the civil service are ineradicable. I know that they are deeply rooted, and that the spoils system has been supposed to be intimately related to success in the maintenance of party organization, and I am not sure that all those who profess to be the friends of this reform will stand firmly among its advocates when they find it obstructing their way to patronage and place.
He goes on thus, and this is a most significant promise and pledge:
There is a class of Government positions which are not within the letter of the civil-service statute but which are so disconnected with the policy of an administration that the removal therefrom of present incumbents, in my opinion, should not be made during the terms for which they were appointed solely on partisan grounds, and for the purpose of putting in their places those who are in political accord with the appointing power—
And then follows that celebrated definition which lifted the lid from the box of Pandora—
but many men holding such positions have forfeited all just claim to retention because they have used their places for party purposes in disregard of their duty to the people, and because, instead of being decent public servants, they have proved themselves offensive partisans and unscrupulous manipulators of local party management.
The letter closes with this somewhat frigid assurance of consolation to the Democratic party.
If I were addressing none but party friends, I should deem it entirely proper to remind them—
That is, party friends—
that though the coming administration is to be Democratic—
Strictly Democratic—
a due regard for the people’s interest does not permit faithful party work to be always rewarded by appointment to office, and to say to them that while Democrats may expect a proper consideration, selections for office not embraced within the civil-service rules will be based upon sufficient inquiry as to fitness, instituted by those charged with that duty, rather than upon persistent importunity or self-solicited recommendations on behalf of candidates for appointment.
“Here endeth the first lesson!” This was in the year 1884. I now come to the declaration of 1885. Just as the Democratic State convention which nominated the present governor of New York for the position that he now holds, was about to assemble at Saratoga on the 24th, I think, of September, the President gave out for publication the letter of resignation of Dorman B. Eaton, a civil-service commissioner, which was dated July 28, 1885, and accompanied it with a letter of his own accepting that resignation which was dated September 11, 1885. It was alleged in Democratic newspapers that the President held back these letters in order to give publicity to his reply at that time for effect upon the convention, and it was remarked that it had caused a panic among the Democracy. His letter is dated, as I said, September 11, 1885, and I will read a few paragraphs showing his opinion of the Democratic party and the course that they had pursued in attempting to force him off the civil-service reform platform. After some rather glittering platitudes in regard to the work accomplished by Mr. Eaton, he proceeds:
A reasonable toleration for old prejudices, a graceful recognition of every aid, a sensible utilization of every instrumentality that promises assistance and a constant effort to demonstrate the advantages of the new order of things, are the means by which this reform movement will in the future be further advanced, the opposition.
Now, this is an epithet to which I desire to call particular attention—
The opposition of incorrigible spoilsmen rendered ineffectual and the cause placed upon a sure foundation.
But not content with applying his scourge to the “incorrigible spoilsmen” of the Democratic party, the President took occasion to express his opinion in rather picturesque language of another class of politicians that had somewhat afflicted him, and to whom he was under bonds:
It is a source of congratulation that there are so many friends of civil-service reform marshaled on the practical side of the question; and that the number is not greater of those who profess friendliness for the cause, and yet, mischievously and with supercilious self-righteousness, discredit every effort not in exact accord with their attenuated ideas, decry with carping criticism the labor of those actually in the field of reform, and ignoring the conditions which bound and qualify every struggle for a radical improvement in the affairs of government, demand complete and immediate perfection.
“Supercilious self-righteousness, attenuated ideas, and carping criticism,” can not be regarded as complimentary phrases when applied to the apostles of this new evangel of political reformation.
He continues—
I believe in civil-service reform and its application in the most practicable form attainable, among other reasons, because it opens the door for the rich and the poor alike to a participation in public place-holding. And I hope the time is at hand when all our people will see the advantage of a reliance for such an opportunity upon merit and fitness, instead of a dependence upon the caprice or selfish interest of those who impudently—
To whom does he refer?—
who impudently stand between the people and the machinery of the Government.
You will agree with me, I think, that the support which has been given to the present administration in its efforts to preserve and advance this reform by a party restored to power after an exclusion for many years from participation in the places attached to the public service, confronted with a new system precluding the redistribution of such places in its interest, called upon to surrender advantages which a perverted partisanship had taught the American people belonged to success, and perturbed with the suspicion, always raised in such an emergency, that their rights in the conduct of this reform had not been scrupulously regarded, should receive due acknowledgment and should confirm our belief that there is a sentiment among the people better than a desire to hold office, and a patriotic impulse upon which may safely rest the integrity of our institutions and the strength and perpetuity of our Government.
The first official utterances of President Cleveland upon the 4th of March, 1885, renewed the assurance that had been given. He declared:
The people demand reform in the administration of the Government and the application of business principles to business affairs. As a means to this end civil-service reform should be in good faith enforced. Our citizens have the right to protection from the incompetency of public employés who hold their places solely as the reward of partisan service, and from the corrupting influences of those who promise and the vicious who expect such rewards. And those who worthily seek public employment have the right to insist that merit and competency shall be recognized instead of party subserviency or the surrender of honest political belief.
How this system, thus inaugurated, this amphibious plan of distributing the patronage of the country among his own partisans and at the same time insisting upon the enforcement of civil-service reform doctrines practically resulted finds its first illustration in the celebrated circular of the Postmaster-General that was issued on the 29th of April, 1885. I do not propose to defile my observations by reading that document. I allude to it for the purpose of saying that a more thoroughly degraded, loathsome, execrable and detestable utterance never was made by any public official of any political persuasion in any country, or in any age. It was an invitation to every libeller, every anonymous slanderer, every scurrilous defamer, to sluice the feculent sewage of communities through the Post-Office Department, with the assurance that, without any intimation or information to the person aspersed, incumbents should be removed and Democratic partisans appointed. I offered a resolution on the 4th of this month calling on the Postmaster-General for information as to the number of removals of fourth-class postmasters, not requiring confirmation by the Senate, between the 4th day of March, 1885, and that date. It was a simple proposition. It required nothing but an inspection of the official register and a computation of numbers. No names were required and no dates. There was a simple question of arithmetic to ascertain the number of removals of fourth-class postmasters not included in the list sent to the Senate by the President, the salary being less than $1,000. Eighteen days elapsed. There seemed to be some reluctance on the part of the Department to comply with that request, and I thereupon offered a supplemental resolution, which was adopted by the Senate, asking the Postmaster-General to advise us whether that first resolution had been received, and, if so, why it was not answered, and when a reply might be expected.
On the second day following an answer came down. It does not include the number of places that were filled where there had been resignations. It does not include the list of those appointed where there had been vacancies from death or any other cause; but simply those who had been removed without cause and without hearing in the space of the first twelve months of this administration pledged to non-partisanship and civil-service reform. The number foots up 8,635. Eighty-six hundred and thirty-five removals of fourth-class postmasters under an administration pledged by repeated utterances not to remove except for cause, making an average, counting three hundred and thirteen working days in that year, of twenty-eight every day; and, counting seven hours as a day’s work, four removals every hour, or at the rate of one for every fifteen minutes of time from the 4th day of March, 1885, until the 4th of March, 1886. And that is civil-service reform! That is non-partisanship in the administration of this Government! That is exercising public office as a public trust!
Mr. Cockrell. How many of these fourth-class postmasters are there?
Mr. Ingalls. I do not know.
Mr. Cockrell. About fifty-one thousand, are there not?
Mr. Ingalls. It makes no difference how many; they did the best they could, and angels could do more. I see that the Senator from Missouri is impatient; he is anxious that the axe should fall more rapidly.
The President pro tempore. The Senator from Kansas will pause a moment. It is the duty of the Chair to inform the occupants of the galleries that the rules of the Senate forbid any expression of approbation or disapprobation. It will be the painful duty of the Chair to enforce that rule, if it is insisted upon.
Mr. Ingalls. I hope the Senator from Missouri will curb his impatience and restrain his impetuosity. The Postmaster-General will get through if you only give him time.
Mr. Cockrell. He will get through in four years at this rate.
Mr. Ingalls. One every fifteen minutes!
Mr. Cockrell. Fifty-one thousand is the number of fourth-class postmasters, I believe, and only eight thousand in a year have been removed.
Mr. Ingalls. Only one every fifteen minutes! How often do you expect them to be removed? He has done the best he could. And this does not include the number of those who resigned; this does not include any except those who have been removed. To the Senator from Missouri rising in his seat, impatient at the dilatory procrastination of the Post-Office Department in not casting out more Republican postmasters, I say this does not include all. Undoubtedly many more than eighty-six hundred and thirty-five have fallen beneath the axe of the Department or have been filled by partisans of the party in power as a reward for efficient and faithful party service in consequence of the retirement of thousands of patriotic Republicans: and when the Senator from Missouri attempts to convey the impression here that out of fifty-one thousand fourth-class postmasters only eighty-six hundred and thirty-five have been changed during this past year he is entirely outside the record. It is to be observed that this is but a single Department. How many have gone out of the State department, how many have gone out of the Interior department, how many out of the Army and Navy departments, and out of that illuminated Department of Justice, and out of the Treasury, of course is entirely unknown, and probably will always remain unknown till the secrets of earth are revealed at the last day. They are carefully concealed; there are no lists furnished to the press for publication. Therefore I trust that the friends of the administration will be consoled, that the complaints which have been so frequent hitherto of the want of activity on the part of the administration in finding places for their friends will be tempered by the consideration that they have done the best they could in the time at their disposal.
Mr. President, the list of official utterances is not yet complete. On the first day of this session President Cleveland again repeated his declaration that the civil service was to be divorced from partisanship, and he took occasion to inflict some more castigation upon those who were endeavoring to force him off the civil-service platform which he had declared he intended to occupy. This was his language:
Lay siege to the patronage of Government, engrossing the time of public officers with their importunities, spreading abroad the contagion of their disappointment, and filling the air with the tumult of their discontent.
Rather florid, rather oriental phrase, but in its exactness mathematical; a demonstration in geometry could not be more explicit and satisfactory than that description by President Cleveland of the occupation and the lamentations of the Democratic party. It will bear repetition.
Lay siege to the patronage of Government, engrossing the time of public officers with their importunities, spreading abroad the contagion of their disappointment, and filling the air with the tumult of their discontent.
A besieging, importunate, contagious, tumultuous, discontented organization.
There is more to the same effect in this document that I should like to read, but time does not serve, nor is it material, because there are other independent utterances to which I must pass; and I do this for the purpose of showing the consistent and persistent adhesion of the President of the United States to the declarations with which he started out when he commenced to administer the Government.
On the 30th day of January, 1886, the ordinary avenues of communication with the public being inaccessible, President Cleveland availed himself of the interviewer, and in the Boston Herald was printed a long letter detailing in quotations a conversation with President Cleveland, the many points of which will be found below. This was after this controversy, if you call it so, between the President and Senate, had begun to develop and there were some indications of approaching misunderstanding or disagreement:
He next spoke of his position toward the Senate in the matter of confirmations to office. He said it gave him some anxiety, for the Senate had been a good while in disclosing what it meant to do. “They seem”—
He says plaintively—
“to distrust me,” said he, “if I am to accept what I hear from others. But I hear nothing from them. They have not called upon me for information or for documents.”
That complaint no longer exists.
“I have tried”—
He says—
“to deal honorably and favorably by them. My purpose was announced at the beginning of my administration. I meant then to adhere to it. I have never changed it. I do not mean to change it in the future. It seems to me unjust and ungenerous in them”—
That is, in the Senate—
“unjust and ungenerous in them to suspect that I do. If I had not meant to adhere to my policy it would have been foolish in me to begin it. I should have escaped much in refusing to begin it. It is not at all pleasant for me to disappoint, and I fear sometimes to offend, my party friends. Nothing but a sense of duty has brought me to this step. Why run all this risk and incur this hard feeling only in the end to retreat? It seems to me it would have been as impolitic as it is wrong. No; I have tried to be true to my own pledges and the pledges of my party. We both promised to divorce the offices of the country from being used for party service. I have held to my promise, and I mean to hold to it.”
Then there was an answer to a question propounded by the interviewer, in which he defines his relation toward offensive partisanship in the Democratic party:
“I did not propose to hold party service in the past in the Democratic ranks as against a man. On the contrary, it gave him a strong, equitable claim to office. He had been excluded for twenty-four years because he was a Democrat. He should be remembered for the same reason when a Democratic administration came into power, provided he was a competent man for the position to be filled. What I understand by civil-service reform, as I am carrying it out, is that the office-holders shall be divorced from politics while they fill their positions under this government. That rule I have meant to stand by.” I asked him if he was aware of any deviation from it among his appointees. “If there has been any,” said he, “it has not been called to my attention.” I suggested that some such charge had been made in New York. He said he did not believe that there was any foundation for it, and that it was well known there that his wishes were that the office-holders should attend to the duties of their positions, and interfere neither with candidates nor election contests.
And here comes in the significant statement bearing upon the duty of Republicans in connection with these suspensions and removals from office:
“My removals from office, such as are made,” said he, “are made for cause. It would be absurd for me to undertake to give the country my reasons in all cases, because it would be impracticable. When I have removed a Republican for political reasons or for any other reasons, I would apply the same rule to my own party. I think the Republican Senators should be just enough to believe this of me. They ought to appreciate that I am trying to do my duty. Why they should continue to distrust me I do not see. They do not come to me either personally or by committee to get an understanding of my attitude, or to obtain explanations on points of action to which they object. They stand off and question the sincerity of my purposes.”
The eight thousand six hundred and thirty-five fourth-class postmasters and the six hundred and forty-three suspensions before the Senate and the thousands of changes in other departments “are made for cause,” not for political reasons merely; but to give those who have been so removed the opportunity to explain or defend themselves would be “absurd” and “impracticable.”
But this is not all. Later in the winter the Civil Service Commission was reorganized, and in a newspaper printed in this city appeared a statement alleged to be “personal” and included in quotation marks, and which it is commonly reported was in the handwriting of the President.
I cannot rid myself—
He said, after speaking about the personnel of the Civil Service Commission—
I cannot rid myself of the idea that this civil-service reform is something intended to do practical good and not a mere sentiment invented for the purpose of affording opportunity to ventilate high-sounding notions and fine phrases.
He alludes to the action of the Civil-Service Commission about a weigher in the city of Brooklyn, and says:
When the Civil Service Commission consulted with me as to the status of Mr. Sterling and the true construction of the rule bearing upon that subject, I agreed with them in their second opinion that the position of weigher was subject to an examination, and that it should be filled by one who by means of a proper examination under the law proved himself competent and eligible. But it seemed to me that the good of the service required that the person to be appointed should be possessed of certain traits and qualifications which no theoretical examination would develop. One having in charge two or three hundred men of the class with which a weigher has to deal should possess personal courage, energy, decision and firmness of character. It is entirely certain that the possession of such qualifications could not in the least be determined by the result of an examination organized for the purpose of testing an applicant’s knowledge and education.
And he closes:
No cause can gain by injustice or by a twisting of its purposes to suit particular tastes. And when a result is fairly reached through the proper operation of methods adopted to further a reform, it should be accepted—especially by the friends of the movement. They should not permit those of whom they require submission to say, with any semblance of truth, that they themselves submit only when the result accords with their views.
This closes the public declarations of the President of the United States upon the views which he entertains as to the method and plans and system upon which the public service is to be conducted under his administration. There are some interesting details as to the practical effects and results of the effort of the administration to purify the public service, which I would be glad if I had time to refer to, but I believe I will forbear. I can only say that it seems from an inspection of the record as if the cry “put the rascals out” had been changed in effect to “put the rascals in.” Of course Mr. President, no party is exempt from accidents, no organization has a monopoly either of good men or of bad men, and in calling attention to the results of civil-service reform as applied to this administration, I should be insincere if I were to assume that such results had followed from any predetermined purpose to put bad men into office.
We heard a great deal during the campaign about the corruptions, profligacy, misdeeds, and maladministration of Republican officials. I can only say that in view of what has occurred under this administration, if I were inclined to be uncharitable I could with entire propriety say that while the Republican party was in power it endeavored whenever it detected crime anywhere to punish it; but one of the practical results of Democratic administration has been the reverse, and that is to place in office a very large number of admitted and convicted felons. I have before me a selection from which I will, I believe, in support of this view of the case, give a law extract, stating in advance that these compilations are made from Democratic newspapers which, of course, is a mitigation of the slander, though it does not necessarily destroy its credibility.
Mr. ——, of Baltimore, who was made an Indian inspector in 1885, had been involved in notorious election frauds and was condemned by the civil-service reform Independents of Maryland as a companion of Higgins, as a ballot-box stuffer, and a professional gambler.
The postmaster at Sioux City, Iowa, was convicted and sentenced in Dakota for violation of the pension laws. The man who was removed to make a place for this eminent civil-service reformer had eight months yet to serve, and there was no complaint against him even to the extent that he was an offensive partisan.
Mr. Holmes, a postmaster in Mississippi, had been involved in notorious election-fraud scandals.
Mr. Shannon, appointed postmaster at Meriden, Miss., was the editor of the Mercury newspaper, which after President Grant’s death contained a rabid editorial attacking the General’s character; and he had been indicted in the United States court for “unlawfully and criminally conspiring with many others for the evasion of the civil rights law.”
In Rhode Island a Democratic postmaster was appointed who had been in the preceding three months arrested nine times for violation of the liquor law.
In Pennsylvania a man was appointed in the Philadelphia Mint who openly confessed to writing a forged letter from Neal Dow to be used in influencing the German vote in the State of Ohio the preceding year.
There have been some strange things done in Maine. I almost hesitate to quote this, but if I am wrong the Senators from that State will undoubtedly correct me. It is alleged that the postmaster in the town of Lincolnville was at the time of his appointment actually in the Portland jail, where he was serving a term for a misdemeanor.
An agent by the name of Judd, who was appointed in the Bureau of Labor Statistics, was, upon inquiry as to the fact whether he had been a horse-thief and served in the penitentiary, suspended from office. The writer states that the only ground for supposing that he was not a horse thief arose from the fact that they do not put men in the penitentiary for stealing horses out West: that if he was alive it was a reasonable, natural conclusion that he had not stolen any horses. Nobody denied the penitentiary.
A gentleman named Richard Board, of Kentucky, was appointed in July, on the recommendation of Comptroller Durham, clerk in the railway mail service and assigned to duty in New Mexico. This is under the Postmaster-General, who found leisure between removing postmasters every fifteen minutes to appoint this man in another branch of the service where he incautiously mentioned to his friends something about his previous history, and it appeared that he had been three times arrested in Cincinnati for obtaining money under false pretenses, that he had been twice arrested for stealing in Kentucky, and once in Texas—a variegated and diversified career. “No pent up Utica” contracted his powers. He had stolen in three states. His father was a very wealthy man in high standing who had spent a great deal of money to protect his son, and through him he secured the endorsement of Comptroller Durham, and after he had been in service for a few weeks he committed a number of robberies, stole $163 from the money order service, and at the date of this communication was lying in jail at Santa Fé awaiting trial.
The Senator from Indiana [Mr. Voorhees] yesterday took occasion to advert with somewhat of animated hilarity to the suggestion of the Senator from Iowa about the evolutionary condition of the Democratic party, and dwelt with considerable unction upon a term that the Senator from Iowa had applied to the Democracy in his very able and interesting speech: “a protoplasmic” cell, and the Senator then proceeded to give us the definition of the term as it appears in the dictionaries, and suggested that if those facts had been known at the time when the canvass was pending Mr. Cleveland would undoubtedly have been counted out in New York.
The Senator from Iowa might have gone further in his application of the doctrine of evolution with much propriety. Geology teaches us that in the process of being upward from the protoplasmic cell, through one form of existence to another there are intermediary and connecting stages, in which the creature bears some resemblance to the state from which it has emerged and some to the state to which it is proceeding. History is stratified politics; every stratum is fossiliferous; and I am inclined to think that the political geologist of the future in his antiquarian researches between the triassic series of 1880 and the cretaceous series of 1888 as he inspects the jurassic Democratic strata of 1884 will find some curious illustrations of the doctrine of political evolution.
In the transition from the fish to the bird there is an anomalous animal, long since extinct, named by the geologists the pterodactyl, or the winged reptile, a lizard with feathers upon its paws and plumes upon its tail. A political system which illustrates in its practical operations the appointment by the same administration of Eugene Higgins and Dorman B. Eaton can properly be regarded as in the transition epoch and characterized as the pterodactyl of politics. It is, like that animal, equally adapted to waddling and dabbling in the slime and mud of partisan politics and soaring aloft with discordant cries into the glittering and opalescent empyrean of civil-service reform.
The President closes his recent message to the Senate in this language:
The pledges I have made were made to the people, and to them I am responsible for the manner in which they have been redeemed. I am not responsible to the Senate and I am unwilling to submit my actions and official conduct to them for judgment.
There are no grounds for an allegation that the fear of being found false to my professions influences me in declining to submit to the demands of the Senate. I have not constantly refused to suspend officials, and thus incurred the displeasure of political friends, and yet willfully broken faith with the people for the sake of being false to them.
Neither the discontent of party friends nor the allurements constantly offered of confirmation of appointees conditioned upon the avowal that suspensions have been made on party grounds alone, nor the threat proposed in the resolution now before the Senate that no confirmations will be made unless the demands of that body be complied with, are sufficient to discourage or deter me from following in the way which I am convinced leads to better government for the people.
He is not responsible to the Senate, nor is the Senate responsible to him; both are alike responsible to the people. But in the cases at bar we are compelled to inquire, in justice to the people, whether those pledges have been redeemed, or whether they have been broken, violated, and disregarded. Had the patronage of the Government, within proper limits, been turned over for its exercise to the party intrusted with power by a majority of the people there could have been no complaint, but upon the assurances that I have read, the declaration was made that in every case where an incumbent was competent and qualified he should remain in office till the expiration of his term.
When, therefore, some were suspended and others were left, what is the irresistible inference, after the declarations of the President, except that these persons were suspended for cause either affecting their personal integrity or their official administration? Upon the ground, then, of personal justice, if no other, we are entitled to know whether wrong has been done by the accusations that have been filed in the Departments, so that we may protect those who are unable to defend themselves from injustice and defamation.
But there is another reason, and to me a still more convincing reason, why we should be advised in the case of these suspensions what are the papers, the official documents, and the reports on the files of the departments affecting the administration of these offices, and that is this: under the tenure-of-office act, every official suspended is reinstated by the provisions of section 1768 of the Revised Statutes, if the Senate adjourns without confirming the designated person, and continues to exercise and discharge the duties of that office, until he is again suspended by the President. Therefore, in acting upon these cases we have a double duty to perform; in the first place, to decide whether the person suspended was properly suspended, and in the next place, whether he is a competent person to be restored to office under and by virtue of the operation of the statute under which he was suspended. If he is not a competent person then he ought not to be restored, and we cannot determine whether he is competent and qualified and fit to discharge the duties of that office until we have the official declarations and statements upon which the action of the President was based.
Since this debate began, there are indications that the President has become convinced that his position is untenable, and that he has concluded to yield to the reasonable requests of the Senate and relieve suspended officials from the otherwise inevitable imputations upon their conduct and character. I find the following correspondence in one of the metropolitan journals, which if authentic relieves the relation between the President and the Senate of the principal restraint:
Committee on Finance, United States Senate, March 17, 1886.
Dear Sir: Will you please advise the Committee on Finance whether or not there are any papers or charges on file reflecting against the official or moral character of ——, late collector of internal revenue for the first district of ——, suspended?
If there are any such papers or charges will you please communicate their nature and character to the committee?
Very truly, yours,
JUSTIN S. MORRILL.
Hon. Daniel Manning,
Secretary of the Treasury.
March 19, 1886.
Sir: Your communication on behalf of the Finance Committee of the Senate, dated March 17, 1886, asking whether or not there are any papers or charges on file reflecting against the official or moral character of ——, late collector of internal revenue for the first district of ——, suspended, is received.
In reply thereto I have the honor to state that, so far as this inquiry relates to a suspension from office, I feel bound by the rules laid down in the President’s recent message to the Senate upon the general subject of such suspensions.
But in order that I may surely act within the requirements of the statute relating to the furnishing by this Department of information to the Senate, I beg leave to remind the committee that the office referred to has no fixed term attached to it, and to further state that the President is satisfied that a change in the incumbency of said office will result in an improvement of the public service, and that the policy of the present administration will be better carried out by such change.
Except as the same may be involved in these considerations, no papers containing charges reflecting upon the official or moral character of the suspended officer mentioned in your communication are in the custody of this Department.
Respectfully, yours,
D. MANNING, Secretary.
Hon. Justin S. Morrill,
Chairm’n of the Senate Com. on Finance.
But whether this be true or not, this is not the forum in which this controversy is to be ultimately decided. The Executive is not on trial before the Senate; the Senate is not on trial before the Executive; but both, as to the sincerity of their professions and the consistency of their actions, are on trial before that greater, wiser, and more powerful tribunal—the enlightened conscience of the people, from whose verdict there is neither exculpation nor appeal.