The New York herald., 1869-02-13

iAluhC hAn oiA ASA0s
Tho Bon Butler and BEN Wade Insbrogiio.
The tremendous concussion between the
Hon. Ben Wade, President of the Senate, and
the Hon. Ben Butler, of the House Of Repre-
sentatives (both Benjamin Franklins), on the
counting of the votes in Congress for Presi-
dent and Vice President the other day, at the
first glance would appear to be senseless dis
pute upon legal quibbles and technicalities
There is something more in the controversy
than this, however. It involves question OF
authority between the two houses-the ques-
tion whether in joint convention the ruling OF
the President Of the Senate can upset vote
of the House. The electoral vote Of Georgia
had been rejected by the House, and &C
cording to Butler this rejection ruled out
Georgia. But when the two houses met again
in joint convention to resume the counting OF
the votes President Wade, Of the Senate, de-
cided that Georgia must be counted because,
as Wade understood 1t, by concurrent reso-
luton of the two houses adopted some days
before, the vote of Georgia was not to be
counted if it changed the Presidential result,
but was to be counted if it did not affect the
result So Wade insisted that Georgia must
be counted under that resolution, and from
that point Butler has been making his fight
Of the Senate who counts the votes for Presi-
dent and Vice President, and that in regard to
the admission or exclusion of any State his
opinion is the law.
All this, however, would signify little or
nothing, II it were not for the fact that the
Senate aims to be the government and the
master in reference to General Grants admins
tration. The Tenure of Office law, SO promptly
repealed on the part Of the House by the pas
sage of Buffers repeal bill, ''sticks' in the
Senate. Why? Because Of the power which
this Tenure Of Office law gives the Senate
over the President and his removals from
Office Before the enactment of this law, which
was passed to head off Andy Johnson, the
Executive appointments The President could
remove Tom, Dick or Harry, and that was the
end of the party removed, subject, however, to
a restoration by the Presidents reconsideration
of the case. But under this new law the
President must submit, not only his appoint
ments, but his removals and his reasons, to
the Senate, and if the reasons given for
removal be voted insufficient the removed
officer is restored, as in the case of Stanton,
as Secretary of War. Thus, under this law,
Vice President Colfax, as President Of the
Senate, may WELD power in the matter of
Executive removals and appointments greater
than the power of the President himself.
Under this condition of things the House of
Representatives becomes mere tidewaiter
on the Senate; and Ben Butler in his conflict
with Ben Wade is really fighting to prune
down little the conceit of the Senate and the
power of Colfax. In fact, Ben Butler against
Ben Wade is fighting for the rights, not only
of the House, but of President Grant, against
the pretensions Of the Senate and against the
game of the anti Grant radicals, with their
man, Vice President Colfax. It will be seen,
too, that Cataline Colfax, smooth as Oily Gam
mon, sides in this controversy with Wade.
Colfax is the chosen apostle and embodiment
of the radical party. Grant, taken up as
necessity, is to be managed by Colfax and the
Senate. Butler understands the game, and
from the vigorous fight he has been making
for the House and for Grant he evidently ap-
preciates the consequences Of the upshot of
this contest. We shall have the curtain
lifted little higher pretty soon, and, though
baffled for the present, we guess that Butler
in the end will win, because he has the right
on his side.