which an examination is found necessary by regulation, and that those who are not found fit shall be excluded from appointment.
Mr. Howard. That is to say, that no person having failed in an examination before the board shall be appointed to office?
Mr. Schurz. Not until he proves able to pass the examination or is found fit upon inquiry.
Mr. Howard. And no person can be appointed to office unless he has been examined. Is that it?
Mr. Schurz. I think if the Senator had listened to me he would have heard me say that in regard to some offices an examination would be necessary, and that in regard to others mere inquiries, to be instituted by the board, would be sufficient, the result to be laid before the President in the shape of reports; but that where examination is considered necessary no man shall be appointed who fails to pass that examination.
Mr. Howard. That is to say, the President of the United States shall not select, in making nominations to the Senate, any person who has not passed an examination, and he shall not especially appoint to office any person who has not passed a certain examination. Is not this an infringement of the power of the President to make nominations and appointments?
Mr. Schurz. That is one of those questions which I have been considering in drawing that section. I do not believe that it is. I believe that it is competent for Congress to exclude certain classes of people, unfit for the performance of public duties, from those public duties. For instance, it would decidedly be competent for Congress to exclude from nomination, say for Lieutenant-General, men who had never served in the Army. I have no doubt Congress has power to attach such conditions of appointment to offices created by law.
