The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-02-26
SPIRIT OF THE PRESS.
xprrJs1AL OPINIONS or THE LEADING JOURNALS
Upon CURRRRT rOrICs-coMPIRD EVERY
DAY PoR TIE KyEHrns rEhEoRAPH.
The Tenure Of Office,

The tenure OIL VHlCe'
Fror1 he ~. Y. Tribune
II there be those who supported the act OF
March 2, 1867, regulating the tenure OF OWL
Offices, simply or mainly because Andrew 1onl-
son. them President, had proved renegade
and traitor. and was bent on thrusting from
ofSoe those who did not unite in his apostacy,
tbav NAV with perfect consistency now tavor
tha nonalifed repeal OF that measure; but
we ara not of them. We heartily supported
that act because we believed 1t substantially
lust, benefcent, and intended to arrest Daie-
ful practice based on an assumption OF power
unwarrsnted by the Federal Constitution
This Is no new question. When General
jackson claimed the right to remove at plea
sure all officers appointed by the President, the
Judioiary excepted, no matter whether taltnIui
or upfaithful, and insisted that the Senate had
no business with his reasons for 80 uolng, anu
could consider only the fitness OF tnose nonli-
mated by him to serve their stead, We oP-
nosed him with the earnestness Of profound,
5eliberate conviction. We believed his assump-
tion "a proundless as would have been claim
that he could at will absOlve citizen from
his obligation to obey the laws OF the land
vbereof he was the Chief Executive So bs-
ueving, we hailed the passage OF the Tenure
ofOffoe act as initiating necessary and be-
neficent reform, which was in no sense an en-
crosohment on the Presidents prerOgative,
practice of the founders and fathers of the
Republic That lifelong Jackson Democrats
like General Butler should take different
view of the matter does net surprise US; but
that veteran Wings, like Garrett Davis and
James Brooks, should "turn their backs on
themselves" would be amazing If they had
not already set all principle and consistency
at ostentatious defiance.
There was never any one who could sur
otriot nnnatFnnti0pist of tho Uir0ipio
Democratic school in justifyipg the most mon
strOus stretches of power. The Federal Con-
stitution Cart. II) explicitly says
"Section q The President shall nominate,
and by and with the advice and consent of the
Senate shall appoint, ambassadors, other pub
Iic ministers and consuls Judges of the Su-
preme Court and all other officers ofthe United
States whose appointments are not herein
otherwise provided for, and which shall be
established by law; but the Congress may by
law vest the appointment OF such inferior
officers as they think proper in the President
alone, in the courts Of law, or In the heads OF
departments.
SEQ. 8: The President shall have power to
fill up all vacancies that may happen during
the recess of he Senate. by granting com mmis-
sions whichshal expire al the end OF their next
session."
Possibly, some one may deduce from
these two sections Presidential right to re-
move, in the recess of the Senate, officers for
no other cause than their dissent from his
politics and accord with those of the Senate;
but our eyes are too dull to detect it. We
cannot doubt the intent Of the Constitution to
limit the power of removal in the recess Of the
Senate to cases wherein the President fully
believes that the Senate would concur If in
session. And we hold the requirement Of
the "advioe and consent Of the Senate a
shadow, mockery, sham, If the Presi-
dent, the instant the Senate shall have ad-
journed, may expel from Office those to whose
appointment that body has Just assented, and
appoint in their stead men whom he knows
they would not have confirmed. And when
to this Is added an assumption that the Senate
has no right to inquire into the reasons for
removal, but may only inquire and consider
whether the new nominee is fit for the place,
the power of the Senate is so shorn and
shrunk that it would be more decent and de-
Corous to dispense with confirmation alto
gether, and let the President appoint and re
move as shall best comport with his own good
pleasure. .
These convictions, we need not say, were
formed long before We ever heard of General
Grant, and are no wise affected by the circum
stance that he is about to be inaugurated Pre-
sident, We have never asked nor cared wha
he thought of the Tenure Of Office act, no
whether he preferred it's retention, its modifi
cation, or its repeal. We are not accustomed
to recast or twist our opinions to adapt then
to the meridian of the White House. We hav
no doubt that General Grants nomination
for Cabinet posts will be confirmed by tn
Senate without hesitation or division, and ths
his nominees for less important positions wi
be acted on as rapidly as even he can desire
and that, if any shall be rejected (Which "
do not expect), it will be for reasons whicl
If seasonably known to him, would have pr
cluded their nomination. The endeavor /
lying gossip to foment quarrel on this hes
between the President elect and the Senate
a weak device Of their common adversarie
and will be treated with the contempt it