The Portland daily press., 1868-11-10
Unfyiug the Preaident.

The Democrats predict that Immediately af-
ter the 4th of March Congress will repeal all
the acts that have been passed during the
johnson war with a view to restrict the Exec
utive in the exercise of powers which that
branch of the government enjoyed before the
reign of the obstinate Tennesseean
Several laws no doubt have been passed of
the nature described, but none of them consti-
tute marked innovation in our sys EN- of
government as it has heretofore existed except
the civil tenure or tenure of office act" for
the alleged infringement of which johnson
way impeached and convicted by a two-thirds
vote of the Senate less one.
Ought that act to be repealed upon the ac-
cession of Gen. Grant? The reckless and I'M
patriotic multiplying of the laws by johnson
was undoubtedly the occasion OF its enactment,
but was it the cduses Is not that law good
one as a matter of general policy, irrespective
of the character or conduct of the incumbent
OF the Presidential Officer
The change was a radical one, corresponding
in rank among the changes in administrative
detail to the constitutional change that abol-
ished slavery. 1t is completely revolutionary
1t deprives the President of one of the most
important and valuable of his discretionary
powers and leaves him, as johnson is left, to
busy himself chiefly with the exercise Of pow
ers that are purely ministerial.
The terms of the act were so thoroughly
discussed during the impeachment trial that a
recapitulation is hardly necessary. Cabinet
officers hold Office for a month after the expi-
ration E the term of the President by whom
theya e appointed. All other officers whose
apo ntment is by and with the consent of the
Senate can be removed only with the consent
of the Senate. This leaves the President the
power to appoint his own Cabinet and nothing
more. The vast patronage of the government
is swept away, except that death, resignation
and the limited number of tenures which expire
upon the expiration of fixed ter m of years
give occasional opportunity for the exercise of
the appointing power.
There is nothing in the personnel of the in
coming administration that would render it
desirable as matter ofeourtesy to repeal the
law even if considerations of that kind were
ever taken into account in legislation. Gen
Grant has declared that he regards the will of
the people as the law of the land, and that he
opposition to that will. Now the very purpose
of this law was to prevent the Executives
thwarting the purposes of the people by means
of appointments made with the intention of
carrying out purpose of its own. So far as
Grant is concerned, then, the law may be re-
garded as in entire conformity with his views
But when we come to consider the question
on its merits there is still stronger reason for
concluding that it was just and proper to strip.
the President of his immense official patron
age. There are now estimated to be 10000 of
6ce-holders in the United States. Under the
old system it was practically in the power of
the President, to make and unmake tn EN-
either directly or through his subordinates, at
will, although there was in certain cases a
possible veto by the Senate. This power is
too great to be placed in the hands of one man,
no matter how disinterested and pure. 1t
leads inevitably to fraud and corruption some
where, and it is one of the browning glories of
the Radical party that it has passed law that
checks in some degree, the old mad scramble
for office under new administration.