I see it stated by those who do not know is whether the committee, after examining that it provides for a seven years' tenure the various lines of questions asked in the of office. There is nothing like it in the competitive examinations, have themselves bill. I see it stated that it provides against fallen upon any plan which they could reremovals from office. There is nothing commend to the Senate as a proper plan like it in the bill. Whether or not it for examination? would be advisable to fix the tenure of office, whether or not it would be advisable to limit removals are questions about which men will differ; but the bill as it is and as we invoke the judgment of the Senate upon it contains no provisions either as to tenure of office or removals from office. It leaves those questions exactly where the law now finds them. It concerns itself only with admission to the public service; it concerns itself only with discovering in certain proper ways or in certain ways-gentlemen may differ as to whether they are proper or not-the fitness of the persons who shall be appointed. It takes cognizance of the fact that it is impossible for the head of a Department or a large office personally to know all the applicants, and therefore it provides a method by which, when a vacancy occurs by death, by resignation, by the unlimited power of removal, a suitable person may be designated to fill the vacancy. It says in effect that when a vacancy occurs in the civil service everybody who desires entrance shall have the right to apply, Everybody, humble, poor, without patronage, without influence, whatever may be his condition in life, shall have the right to go before the parties charged with an examination of his fitness and there be subjected to the test of open, regulated, fair, impartial examination. MR. PENDLETON. No; the committee have not carried their investigations to that point for the simple reason that it would be impracticable for a committee of the Senate charged with the examination of the general subject to look into the proper examinations as to every Department of the Government and every department in that Department. For instance, for a letter-carrier one series of examinations might be very proper, for an assayer another system of examination, for an accountant still other examinations, for a weigher and gauger still another. The examinations must be adapted to the particular offices which it is sought to fill, and that can only be by the leisurely and competent investigation of gentlemen who are charged as an official duty with the determination of what the needs of all the Departments and offices require. MR. MAXEY. If it is agreeable I should like to interrupt the Senator to ask a question upon that point. In the plan suggested for examination as to fitness is it to be a competitive examination by the bill? I ask the Senator if the committee has fallen upon any plan as to the line of inquiry that should be instituted in that examination, and if so will he indicate it? That I think is an important consideration. new, MR. PENDLETON. I am glad that the Senator has asked that question, for it gives me an opportunity of saying to him and to the Senate that if they will examine the report made by the committee, they will find that this system is not entirely but that to a very large extent in certain offices in New York, in Philadelphia, and in Boston it has been put into practical operation under the heads of the offices there, and that they have devised, with the assistance of the commission originally appointed by General Grant, but largely upon their own motion, a system which I suppose would, to some extent, be followed under this bill. MR. MAXEY. That may be quite a reasonable view of the case; but some of the questions which I have seen submitted I am of the opinion have nothing whatever to do with the examination for a mere clerkship, but would have something to do perhaps with an examination in a college or something of that sort. MR. PENDLETON. The examinations are to be regulated in relation to the particular offices to be filled. I am not the advocate of any special system of questions which has been devised. I am not the apologist for any error which may have been committed. I am not prepared to say that I have seen any of these series of questions which might not admit of improvement. MR. MAXEY. I will state to the Senator that the suggestion he has himself made is about the best that I have heard. A great many of the questions which have been submitted I think are nonsensical to be put to an applicant for a minor clerkship. MR. PENDLETON. I shall offer some amendments in behalf of the committee and in behalf of myself before we reach a vote. The details of the bill are these: The preamble expresses fully the philosophy of the bill. Read it carefully. It sets forth what common justice demands for the citizen and for the Government. It sets forth what the economy, efficiency, and integrity of the public service demand. WHEREAS COMMON JUSTICE REQUIRES THAT, SO FAR AS PRACTICABLE, ALL CITIZENS DULY QUALIFIED SHALL BE ALLOWMR. MAXEY. What I desire to know | ED EQUAL OPPORTUNITIES, ON GROUNDS OF PERSONAL FITNESS, FOR SECURING APPOINTMENTS, EMPLOYMENT, AND PROMOTION IN THE SUBORDINATE CIVIL SER VICE OF THE UNITED STATES; AND, WHEREAS JUSTICE TO THE PUBLIC LIKEWISE REQUIRES THAT THE GOVERNMENT SHALL HAVE THE LARGEST CHOICE AMONG THOSE LIKELY TO ANSWER THE REQUIREMENTS OF THE PUBLIC SERVICE: AND sion, when competition may not be found practicable. Ninth, that notice shall be given in writing to said commission of the persons selected for appointment or employment from among those who have been examined, of the rejection of any such persons after probation, and of the date thereof, and a record of the same shall be kept by said commission. And any necessary exceptions from said nine fundamental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission. WHEREAS JUSTICE, AS WELL AS ECONOMY, EFFICIENCY, AND INTEGRITY IN THE PUBLIC SERVICE WILL BE PROMOTED BY Third. Said commission shall make regulaSUBSTITUTING OPEN AND UNIFORM COM- tions for, and have control of, such examinaPETITIVE EXAMINATIONS FOR THE EXAM- tions, and, through its members or the examINATIONS HERETOFORE HELD IN PUR-iners, it shall supervise and preserve the records of the same, and said commission shall keep SUANCE OF THE STATUTES OF 1853 AND minutes of its own proceedings. 1855. The second section is in the following words: SEC. 2. That it shall be the duty of said commission. First, To devise and submit to the President for his approval and promulgation, from time to time, suitable rules, and to suggest appropriate action for making this act effective: and when so approved and promulgated it shall be the duty of all officers of the United States in the Departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect. Second, And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows: First, for open, competitive examinations for testing the capacity of applicants for the public service now classified or to be classified hereunder. Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections from among those graded highest as the results of such competitive examinations. Third, that original entrance to the public service aforesaid shall be at the lowest grade. Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid. Fifth, that promotions shall be from the lower grades to the higher on the basis of merit and competition. Sixth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so. Fourth. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners, and its own subordinates, and those in the public service, in respect to the execution of this act. Fifth. Said commission shall make an annual report to the President, for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the pracitical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. The third and fourth sections authorize the commission to employ a chief examiner, a secretary, and the necessary clerical force; to desig nate boards of examiners, to direct where examinations shall be held; and requires that suitable rooms shall be furnished for its accommodation in the public buildings in Washington and else where. They require also the chief examiner to act, as far as practicable, with the examining boards, and to secure accuracy, uniformity, and justice in all their proceedings. The fifth section defines the offenses which are calculated to defeat the just enforcement of the act, and declares the penalties. The sixth section requires the heads of the different Departments to make a more perfect classification of clerks and employès, both in the Departments in the various offices under their charge, in conformity with the one hun dred and sixty-third section of the Revised Statutes, and to extend and revise such classifi cation at the request of the President. The seventh section is in these words: SEC. 7. After the expiration of four months from the passage of this act no officer or clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder, pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But nothing herein contained shall be construed to take from those honorably discharged Seventh, that no person in said service has from the military or naval service any prefer. any right to use his official authority or in-ence conferred by the seventeen hundred and fluence to coerce the political action of any person or body. fifty-fourth section of the Revised Statutes, nor to take from the President any authority not inEighth, there shall be non-competitive exam- consistent with this act conferred by the seveninations in all proper cases before the commis-teen hundred and fifty-third section of said statutes: nor shall any officer not in the execu- | throw in that class men who have had hardly tive branch of the Government, or any person any education, men who will say, "I went to merely employed as a laborer or workman, be school until I was 11 years old," or "I went to required to be classified hereunder; nor, unless school in the winter," or something of that kind. by direction of the Senate, shall any person who We have to throw them in that classhas been nominated for confirmation by the Senate be required to be classified or pass an examination. Now, Mr. President, recurring to what I have said as to scope of this bill, to the officers who are embraced in it, to the avoidance of the question of removal and tenure, I have only to say that the machinery of the bill is that the President shall call to his aid the very best assistance, with or without the concurrence of the Senate for that is a matter about which gentlemen would differ and upon it I have no very fixed opinion-that the President shall with the concurrence of the best advice which he can obtain, form a plan, a scheme of examination free for all, open to all, which shall secure the very best talent and the very best capacity attainable for the civil offices of the Government. The method adopted in the bill is by competitive examination. That method has been imperfectly tried throughout the country. I have here the statement of the postmaster of New York who has given much attention and has had great experience in this matter. I have here his statement that the business of his office increased 150 per cent. within a certain number of years, and the expenses increased only 2 per cent. To be specific That is the class who have received a common-school educationand it rather reduces the average standing in that category. As to the matter of age we have very thoroughly exploded that objection. There have come in, but the average has been above have been some young men of 21 and 22 who 30, and it is astonishing that it is the men above 30 who make the best time on examination, who show a facility to get through work quickly. He goes on to say: Yet about two-thirds of the appointees had a common-school education; had not even academic education. an Thereupon the chairman of the committee asked: Is it from that you get the value of the ele ment of experience and natural force that I spoke of? Mr. BUKT. Yes, sir; it shows itself there apart from the question of elaborate education. Of course these examinations must be proper; of course they must be regulated upon common-sense principles; of course they must be conducted to test the fitness of the men who are to be appointed to particular offices. You have tests everywhere. To-day the law requires that there shall be a test of examination in the various Departments here in Washington. They are pass examinations; they are imperfect; they are insufficient; they are not thorough. Mr. Graves himself says that the only examination in his case was be-ed over his shoulder while he was writing that the superior in the Department lookand said, "I think you will pass." That was when he entered the service twentyodd years ago. Says Mr. Pearsonwhile the increase in the volume of matter has been from 150 to 300 per cent. the increase in cost has only been about 2 per cent. Mr. Graves, whose testimony I read fore, has stated as the result of the efforts which were made by General Grant during the period that he was allowed any funds for the purpose of putting this scheme into operation, that the expenses of the Departments here can be reduced at least one-third. I have heard it said that this system of examination proposes to present only a scholastic test; that it proposes only to give advantage to those who are college bred, and have had the advantage in early life of superior education. The committee investigated that subject to some extent, and I have here the result in the city of New York. Says Mr. Burt: If you have examinations why not have competitive examinations? If you have private pass examinations, why not have open examinations? If examinations are of the Departments, why not have them made in the Departments by subordinates made by responsible examiners amenable to the authority of the President under a system devised by the best intelligence that can be supplied? I hear the system of competitive examination spoken of as if it were something extraordinary. Within the last fifteen Taking seven hundred and thirty-one persons years it has gotten to be a custom that I examined, 60 per cent. of the appointees select- might almost say is universal that when a ed from them had been educated simply in the member of Congress has the right to apcommon schools of the country; 33 per cent. point a cadet to West Point or to the Nahad received what they call academic or high-val Academy he asks his constituents to school education; and 6 per cent. a collegiate education. In all the statistics in regard to com- compete for it. Formerly it was never mon school education there is one little weak-done; it was looked on as the mere ness resulting from the fact that we have to perquisite of a member of Congress. I appointed a gentleman to West Point who | versation upon the floor of the Senate-I grdauated at the head of his class, and believe if we argue this question upon the now is the active and vigorous spirit of the lower plane of mere partisan advantage we Military Academy. I appointed him sim- Democrats ought to support the measure. ply upon my own personal examination It has been said that this abandonment of and knowledge. It would not be done the spoils system will retain in office the now; it could not be done now; the pub-appointees of the Republican party. I lic sentiment is against it. The public sentiment of the district that I then represented would not permit it; but open competitive examinations are demanded, and everybody having the requisite qualifications of age and health and vigor can compete for the appointment. Why not apply that system to the Executive Departments of this Government? What earthly reason can there be why when you desire to appoint the best and fittest man for the place that is vacant he should not subject himself to the competition of other people who desire to have that place? Of course, as I said before, this all goes upon the basis that there shall be reasonable examinations and reasonable competition. Nor are there any aristocratical tendencies about this system, as I have heard suggested; for while it does not in any wise create an official caste it does in words and in effect, open up the possibility of the public service to the poorest and the humblest and least influential in the land. Mr. President, I desire to say only one word further. I have spoken to-day under great disadvantage, and perhaps I may have omitted things that I shall desire in the course of this discussion to lay before the Senate. But I desire, Mr. President, to follow out for one moment the line of thought which I indicated when I said that I believed this system would be of great advantage to the country, and that to me it was no objection, that I believed it would be of great advantage to the Democratic party. The suggestion has been made here that it might be better to lay this matter over until after another election, and that the mutations of parties might fill, under the old system, the various Departments with members of the faith to which I belong. Aye, Mr. President, but the next Presidential election may not have that result, and it will not have the result, in my honest conviction, unless we do two things: First, respond to the demands which the people make upon the Democratic party now in its condition of probation; and, second, disarm that great body of officials who as disciplined armies go forth to control the Presidential elections. I believe, and I am only excused from making this remark because of what I have heard publicly and in private con conceal nothing; I state it in my place in Senate, and before my fellow-Senators who are of the other persuasion, I do not think it. There is no proposition to extend the term of office where it is now fixed, nor in any wise limit the constitutional power of removal from office. The proposition is simply and only that where a new appointment shall be made the element of fitness shall be decisive. Can any Democrat object to that? How many Democrats are there in office now? How many will there ever be under the spoils system? The Republicans have possession of the Government for two years and more. How many Democrats will be put in office during that time, except on the merit system? Not one. But if this system be fairly inaugurated and administered within one year there will be fifty where now there is one. It has been said that the abandonment of the spoils system will exclude Democrats from office when the day of our victory shall come. I do not think it. On the contrary, I believe that the adoption of this policy as our party creed will hasten the day of the victory of our party and its adoption as a law will under any administration fill many offices with Democrats. I think it will bring to our aid very many men not hitherto of our political faith who believe this reform a vital question in our politics. I think it will disarm and disorganize and neutralize the trained bands of office-holders who have wrested from us, as I have said, at least two Presidential elections. And finally, repudiating utterly, as I do, that the animating spirit of the Democratic party is the love of spoils, and that its cohesive principle is that of public plunder-repudiating, I say, that doctrine, I think the Democrats throughout this land-I know that in my own State they can-will stand the test of any examination, and in a fair field will not come out second best. Who shall do them the discredit, who shall do this party, now numbering at least half the people of this country, the discredit to say that they can not stand the test of merit for official position and promotion with any equal number of men in any party of the country. I have detained the Senate much too long, and yet I must add that the very best aid to any system of reforming the service is in the most rigid application of the democratic theory of the Federal Consti The PRESIDING OFFICER. The pending question is on the amendment of the Senator from Massachusetts Mr. HOAR to the amendment of the Senator from Iowa [Mr. ALLISON]. MR. PENDLETON. The Senator from Iowa is not in his place at this moment, but gave me authority to withdraw his amendment. The PRESIDING OFFICER. If there be no objection, it will be considered as withdrawn for the time being. MR. PENDLETON. I now move to strike out lines 22 and 23 of section 2, as follows: Third. That original entrance to the public service aforesaid shall be at the grade, and appointments thereto. And to insert in lieu thereof "appointments to the public service aforesaid; " so as to read: Appointments to the public service aforesaid in the Departments at Washington, shall be apportioned, as nearly as practicable, among the several States and Territories and the District of Columbia, upon the basis of population as ascertained at the last preceding census. This amendment has been discussed, and I do not care to detain the Senate in the further discussion of it. It opens up the public service in all its grades to competition, not only from those within but those outside of the Departments. The objections to the provision that entrance shall be at the lowest grade, and higher places shall be filled by promotions only, are so strong that I desire to perfect the bill by striking out this clause at this time. At the proper time I shall move to strike out the clause in relation to promotion, if it shall seem necessary to accomplish my purpose. I wish entrance to the public service to be open at all grades to every one whether he may be now in office or not. The amendment was adopted. 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 in cludes 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 |