The New York herald., 1868-04-14

Senator Conness to-day mean to retalate for
what he supposed Senator Johnson did when
he talked with Butler during the progress OF the trial
and invited him out for more extended conversa
tionf Truly the Senate Is "a law unto themselves"
The object OF the counsel for the President in ask
ing the question of General Sherman as to the crea-
ton OF the Department OF the Atlantic by the
President was to show that General Sherman himself
the person who first suggested the formation Of
such department, and consequently that the Execu-
tive had no such idea in contemplation the erec
ton OF new military department for the purpose
Of using the commander thereof for sinister purposes
SPECIAL CORRESPONDENCE OF THE HERALD.
The Radicals Originally i'm Doubt as to the
Propricty OF the Tenure OF Once Act
The Board Of Managers in High Spirits
Over the Action Of the Senate ON Saturday.
WASHINGTON, April IS, 1865
1t is singular in reviewing radical legislation for
the past two years to observe the numerous doubts
which existed as to the propriety OF enacting the
law regulating the tenure Of certain civil ofilces,
and now known as the Tenure Of once act. The
alleged violation OF this act now constitutes the
leading feature in the articles of impeach-
ment upon which the President of the United
States is being tried At the time Of Its passage it
was only with the most Jealous and persevering
efforts Of Its author that the measure attained its
ultimate success. In February, 1867, Judge Thomas
Williams Of Pennsylvania, prepared bill which was
designed to meet q defect which he considered had
sprung up in latter years In regard to the relations
between the President and his Cabinet officers
In the days Of washington it is known the
Executive had exclusive control of all mea-
sures emanating from the law making power,
and could accept or disagree to all
laws which were presented to him for his consdera-
ton, and, II acceptable, give them his sanction. In
points Of doubt in reference to any law he was
authorized to ask Of the heads OF executive depart
ments written opinion, which he was at liberty to
adopt or disallow he felt disposed. Later, how
ever, as q matter of convenience or prudence, the
holding Of Cabinet meetings was instituted, in which
oil laws and measures Of national character were
presented and deliberated upon The Of this
system at once made it one Of general practice The
tenure Of ONCE Of these Cabinet officers being entirely
within the power Of the President, compelled such
ocers to yield unresrained Difference to his rea
son, principally of men being Of his own appoint
ment and subject to his will for their official term.
This condition Of things placed the Cabinet entirely
within his control in adopting or rejecting
any measure, as 1t might suit the fancy
Of the Executive. This practice, 1t is as
serted by the radicals, has since been perverted
to an assumption Of quasi legislative functions,
which within the past few years has been grossly
misapplied. This council, with the Chief Magistrate
at its head 1t is charged had undertaken to dictate
line Of policy In total disregard Of the law making
power. The creation Of heads Of depart
ments, originally designed as an assistance
to the Executive In carrying into force
the laws Of Congress, had become o
sort OF supreme executive council, not only over
ruling attempting to defeat the laws Of Congress-
but also undertaking 10 carry out system Of laws
of their own at variance with those enacted by the
representatives Of the people.
The precedent Of Cabinet councils held on stated
days having been inauguraed, 1t is asserted that the
President, by his power over those composing such
councils placed in position to dictate or regulate
the action Of such councV In order to break up this
increase or executive power 1t was proposed to maks
the heads Of departments Independent Of the Execu
tve that in these Cabinet meetings officers had,
II In their power to act free from any other restraint
than sense Of duty and right. To provide for this
Judge Williams drew up his bill, which he submitted
to the Committee on the Judiciary. The bill was
adopted and reported by him to the House. In
the House, however, a storm Of opposition
raised against that clause which related to the
beads Of departments. 1t s now understood for the
first time that Mr. Stanton addressed note to Judge
Williams asking him to withdraw the clause Mr..
Williams refused to recognize this proposition, and
declared II the bill could not be passed 1t came
from the committee he thought there was no OBJ
tect in passing the bill at all.
Mr.. Stanton next conversed with schenck and
Bingham, of Ohio, who took sides with the opposi-
ton. After stubborn controversy the question
of rejecting the clause in relation to Cabinet officers
was put to vote. When the result was ready to be
announced it was discovered that the vote was tie
and depended upon the action Of the Speaker. Be-
fore, however, he had time to record his vote Mr.
Alley changed from yea To- nay, and the
rejected. Mr.. Farquar OF Indiana now moved to
reconsider the vote by which the proposition Of Mr.
Williams was rejected and Mr. Hale moved TO lay the
fused TO lay the motion on the table, when Thad
stevens, to head OF any further action, moved to ad
ary 3, as the unfinished business, the House again
took up the bill. The motion TO reconsider was
upon his clause which he wished now to insert and
The bin then passed. on the same day the bill came
which was carried Several days later Mr.
pendns motion BEING concur e s
made In the House TO include Cabinet ministers
among those Officers N who may not be removed with
admitting the constitutional right Of the proposed
amendment, doubted its propriety saying that there
his Cabinet officers which did not apply to minor
officers. When brought to vote the Senate rejected
the amendment, and again called committee
of conference In this committee Messrs. williams,
Of Oregon. and sherman, OF Ohio, represented the
Senate and Messrs. Schenck, OF Ohio, and Williams
OF Pennsylvania, the House OF Representatives. In
this conference Senator Williams, OF Oregon was dis
posed to yield, but Sherman adhered to his objec-
tons. Finding this opposition and unwilling
OF his amendment, Judge Williams agreed to
modify his proposition by the Introduction
OF proviso "that the Secretaries OF State OF the
Treasury, OF the Navy, OF War; OF the Interior the
Postmaster General and Attorney General shall hold
inrin fbQ farf nf fba Drao
whom they may have been appointed and one month
thereafter subject to removal by and with the ad-
vice Of the Senate" protracted debate ensued
when presented to the Senate, but il was
finally adopted by majority Of twelve The
success which the measure nov received in the
Senate met by q Rreatcr nnanirnity In the uonsa