The New York herald., 1869-02-16
Genera, Grant. tho SENATE and she Tenure

General Grant, tho scnaie ana sno Tcnore
or Once Law.
In the few but very weighty words that
| General Grant addressed on Saturday last to
the committee of Congress he gave the first
place to what he had to cay in regard to filing
the Offices. He told the committee what kind
OF men he would try to gather around him as
assistants, and, further, that he should not DO
content with any appointment made If 1t
proved failure, but would appoint to the
same place the second or third time, till he
found the right man. By these words it Is
seen that General Grant attaches proper
degree Of consequence to the necessity OF
having honest and efficient men in all places OF
trus:, and that in the history Of the new
administration the relations of the President to
the Senate as part of the appointing power viii
be of unusual Importance. General Grant
seems to assume that these relations are what
they have always hitherto been in the case OF
Presidents newly entering office. Hitherto it
has been popular recognition almost as
definitely accepted as though it were law
that with the beginning of q new Presidential
term all the Offices were vacant. No man
abandoned his place or refused to take his
pay, but each felt that he held his post in the
grace of the Executive. If he was spared it
was q peculiar act of favor, or he was for
gotten; while If his head fell it was matter
of course, the common fate, and what he had
counted upon for four years.
But this is different now. There are no va
cances. General Grant is the first President
who comes into power under the law made and
interpreted to tie the hands Of Andrew john
son, and in virtue Of which it will be . waste
Of time and paper for him to send in any list
of appointments to Office unless he has pre-
viously had his understanding with the Senate
on each particular name. Every person now
holding an Office not limited by law is entitled to
hold the same until the Senate shall confirm his
successor. Only an act of the Senate can affect
his tenure He is as little dependent upon the
President as upon the Khan Of Tartary. He
is perpetual incumbent, for all that the Presi-
dent can do or say--so long as he can master
sufficient influence to prevent a vote in the
Senate confirming his successor; and it is
crime for any other person to endeavor to per-
form the duties of his office until such sue
cessor be qualified. But the President can
make removals for cause? Within very mar
row limits he can. He cannot remove a col
lector or other subordinate because in his opin-
ion such person does not honestly do his duty
for if the Senate has different opinion as to
the mans performance of his duty in he goes
again. For misconduct, crime 6r any disquali-
fication that the law can lay hold upon the
President may suspend officers Sin such case
and no other That is the limit of his power.
And that reduces his power TO the minimum
for it is clear, in view Of such votes as we
have seen given in the Senate, that man can
hardly commit crimes enough to get the con-
demnation Of the Senate If he does his party
spiriting gently and shrewdly.
With the Presidents power thus cut down to
nothing in appointing to Office, how must we
understand the fact that General Grant re-
CARDS the appointment to Offices as the first i'm
portant function he has to perform? Will he
disregard this Tenure of Office law? There
are some good reasons for believing that he
viii, and that he does not fear the result of o
CONFLICT with the Senate on the constitution
ality Of that act. He will appoint, in a
straightforward spirit, honest men to Office,
and leave upon the Senate the responsibility
Of rejecting these men and keeping dishonest
ones in their places. He will suspend rogues
wherever he catches them, aud let the Senate
take the responsibility for reinstating them.
Enough of this will be done TO show the coun-
try who means well, and then 1t win be seen
that there must be an end even to that. The
Senate can take the responsibility for much
corruption and be none the worse, aud Grant,
owing duty to the country, must then fight
that great defence Of all official villany-the
Senate. He will put good men in place or
rogues out without regard TO this law, and
make a case for the Supreme Court to have
determination on the validity OF this mischiev-
GUS statute. What. then, can the Senate do !?
There can be no impeachment for the House is
with Grant in its opposition to the law,
and the vote already given on the proposition
for repeal indicates his strength there. In this
conflict the President will have all the advan-
tages against the Senate; he viii have the
sympathy OF the country and the confidence of
the House. Already, with a political strategy
that gives good promise Of the future, he has
fairly surrounded the Senate with influences
inimicai TO its pretences, and that body must
either effect timely retreat from the position
1t holds on this question or become ridiculous.
Progress of the Funny Revelation In
Operate Annirs.