The New York herald., 1869-03-25
Shall fhe Senate or the President Manage
the Executive Departments


The Senate has passed bill modifying
the Tenure of Oiice law, for which we refer
the reader to our Washington dispatches.
The President is said to be satisfied with this
compromise, although the essence of the law
is still retained. The harsher restrictions and
exactions of the law are cut of, but the power
of the Senate over the Presidents removals is
not relinquished. Hence we have still to ask
the House, shall the Senate or the President
manage the Executive Department?
This is startling question. 1t suggests
change of the government BY act of Congress.
BY act of Congress this change was m. de for
the benefit of President Johnson. The power
which all his predecessors had exercised in
the matter of removals from Office was in his
case transferred to the Senate. Down to the
passage of this law the President could and
did remove his official subordinates at his dis
erection, the Senate being content with its con-
stitutional power and duty Of confirming or
rejecting the Presidents nominations. But
under this existing law the Senate has the
decisive voice over every removal from Office.
Thus the Executive Department has become
mere appendage of the Senate. The President
is but the President in name, for practically
his office is in the hands of an oligarchy-the
oligarchy of the Senate. 1t so happens, too,
that for the four years term of General Grant
as President the radical leaders Of this
oligarchy reasonably calculate upon controll
ing the Senate, and, through its action, the
whole machinery and policy Of the administra-
ton.
General Grant, with the quick perception Of
sagacious soldier, on coming into power
made the repeal Of this Tenure of Office law
the condition of anything like general system
of removals from Office. He does not like the
drudgery Of submitting to the Senate his
reasons for the removal of John Doe or
Richard Roe, with the chances Of having his
reasons voted insufficient. But the radical
majority of the Senate have so modified
the law as to relieve him of this drudgery,
requiring only that his removals in the
absence of Congress shall be subject to the
consent of the Senate at its next session.
This is the substance of the law retained-the
material feature which makes the President a
mere servant of the Senate, though he may
consent to it for the sake of peace. Let us
suppose, for example, that this modification Of
the law is in force, and that the two houses
have adjourned over till December next. The
President begins to weed out the ishy office
holders. A radical leader of the Senate. who
has his friends to look after, takes the alarm
He calls at the White House and says we
think this man and that man ought not to be
touched, but that such and such may be safely
removed. What, then, is the President to do !?
Surely, his wisest course is to do nothing; and
if left in this perplexing posture he ought to do
nothing for the benefit Of ofiice-beggars, great
or small.
The Senate, having gained this position Of
the French Directory through the folly Of the
House of Representatives, is naturally enough
disposed to keep it. The House, from its re-
cent action on several occasions, is quite as
anxious to rectify its mistake, under which q
member Of the House as an onice-seekcr is
reduced to a mere nobody. But in refusing
anything short of the absolute repeal of this
Tenure of Office law and in refusing to I'D
journ without this repeal the House may re-
gain Its proper position Of influence with the
administration in enforcing upon the Senate a
return to the constitution on this subject and a
compliance with the manifest win of the peo-
ple The law in question is an insult to the
people and an insult to the House of Repre-
sentatvcs from the degrading position to
which the House is reduced, with the Presi-
dent, under this law. Nor can we expect any
wholesome legislation from Congress so long
as the House, the President and the people
are compelled, cap in hand, to bow to the
supremacy Of the Senate.
The trainers OF the constitution, in classify
ing the Senate SO that one-thrd of its MEM
unquestionably had their fears that otherwise
the Senate, with its members chosen for six
years, might become sort Of oligarchy in the
government. But under existing circum-
stances, with this Tenure of Onice law,
we have this oligarchy established to q
moral certainty for the next four
years. Give it these four years, and il
may become impossible to disturb this con-
trolling aristocratic branch Of Congress in the
position 1t has secured. Nay, more; through
its affiliations with banks. .bondholders, ofdce-
holders, manufacturing monopolies, railways,
whiskey rings and all the other material agen-
cies Of wealth and power, the will Of the
Senate may not only be the law Of the Presi4
dent but the law OF the succession. Surely,
with our experience in revolutionary changes
during the last eight years, we cannot in our
widest conjectures undertake TO cover the
possibilities OF the future.
In this experience we have learned practi-
cally, under the terrible array Of an army Of a
million Of men to begin with, that the reserved
strength and sovereignty OF our national gov
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