The New York herald., 1869-03-30


his own selection dnri the emo OF the next session
OF the Senatef BY no means- IL expressly confers
that power by authorizing him TO suspend any oicer
IN bs discretion and to designate another from time
10 time TO act IN Ills place until the end OF the next
session of the Senate This is all he could DO IN the
opinion OF any ole, II the Tenure OF once law were
totally repealed. How then, 10 his prerogaflve inter-
fered with? He has all the power which the const-
any Pesden a The only eecs Of the tenure
after the session is closed, in case the Senate
refusing colsrr IL ns saspsas,oa wS
out the law the office must remain vacant;
u eH
filed by the concurrent action OF the President and
Senate should, ater failure Of whole session 70
incumbent, when his suspension was afiirmauvely
dlsapproyed OF by the Senate, should 90 back and
ns tss II tbs y virtually all asd re- Sy
the Senate. Why should not the two houses agree
on it, when practically. the President has, under
decessorsf and he has them In an unquestoned
form. Nobody ,an doubt the authority OF Congress
by law to authorize the suspension OF an officer
the duration OF the term OF ONCE It established
Why, then, this disagreement between the two
houses, and so much feeling in the country am
pursuaded that it arises from the action OF mischief
makers and persons who desire TO stir up anmoelty
between the two branches OF Congress and the Ex-
ecuiyeA 1t Is mistake TO suppose that the Senate
wishes to arrogate to Itself powers above the House
OF Representatives or the Executive. The c0nsti-
the appointment OF officers, and he would so
legslate as 10 render that advice and con-
sent unnecessary. II makes war on the constitution
does not belong to 1t. II the two houses will ap-
proach this subject In spirit OF harmony, as
,a believe they ,., wili. and not esar with desire
difficulty IN coming to agreement. All the friends
OF the administration desire to remove any obstacles
duct OF public aairs; and let there be no strife be-
tween US, but an honest effort to uphold and sustain
the administration which the people have chosen in
Its endeavors TO enforce the laws and TO secure
peace. prosperity and happiness to the people.
Mr.: MoRToN, trep.) OF Ind, said he would vote to
recede. The Senator from Illinois had summed up
the merits OF this bill on one point-that in cases
where the President should suspend an officer and
nominate q successor and the Senate should re-
prevent the vacancy which would otherwise
occur on the adjournment OF the Senate
fact was that In this respect the iaw woad be ut
terly inefiectuaL because, although it would put
back the old incumbent Immediately upon the ad-
dent free to suspend him again without delay. The
Senator from Illinois had asked him hr Morton) the
other day whether he had not confidence enough in
himself OF that power, and the advocates Of this
law claimed that 1t was not intended to bind q good
Guilty was that it would impose no legal, but
merely moral restraint, and therefore would
be utterly powerless to control Q bad Pres
cedes Why struggle for the shadow. when
the substance had nedf There was another ground
restrained from suspending an ofiicer . second
timer That would depend upon circumstances. It
would be monstrous to say that when an oficer had
should thereafter be free to steal or commit other
misconduct In ONCE until the next session OF Con-
sd o once sM IN
substance and shadow was wrong and mischievous
ought p be repealed.
to the repeal OF the law, just because he be-
lieved 1t TO be . salutary assertion Of the
true constitutional doctrine on the sub
And, second, because had been broadly claimed
blythe counsel Of Mr.. Johnson on the impeachment
trial shat the President had power under the const
In the recess, but even during the session Of the
Senate; and II Congress should now repeal the Ten
dent had been put upon tral) 1t would thereby give
tacit assent to that doctrine.
MT. Howe lrep.l Of Wis, made long argument
In vndtcati0n OF the c0nstituttonality and wisdom
Of the Tenure Of Once act and in favor Of retaining
1t unmodined upon the statute book.
for sD sa m was 70 S vSs Ss
he would prefer 70 see the law repealed.
Senate over appointments to and removals from
once was derived not directly from the constitu-
the o SeeS 70
call tts assent to that law, he thought the Senate
ought to assent TO that desire and to the repeal Of
The motion to recede was then lost BY the follow.
ing vot6.-
gsysra css..rly Cole Davis ysnton' e.
nossrtson Eoss sprasue, Stockton 1hayer Thurman
gssssy sS.s
Drake, Edmunds Ferry. dllbert, Hamn, Haran Harris,
Howard, Howe, Kellogg, Morrill, Nye, Patterson Pomsroy,
Prat Ramsey, kcs sawyer schuri Scott spsncsr Sum.
ner Tfpton Trumbul, Wiley, Williams, Wison-U.
The motion to insist and ask committee OF con-
ference was then agreed to-
EXECUTIVE SESSION.
At halfpast four the Senate went into executive
session and soon after adjourned