New-York tribune., 1869-02-25
TILE TENERE OF OFFICE.

II there be those VINO supporter tIio az. va
March 2, 1867, regulating the Tenure of Civil
Offices simply or mainly because Andrew John"
son, then President had proved renegade
and traitor, and was bent on thrustlng from
office those who did not unite in his apostasy,
thcy may with perfect consistency now favor
the unqualified repeal of that measure; but
we are not of them. We heartily supported
that act because we believed it substantially
inst. benefcent, and intended to arrest baleful
practice based on an assumption of power
unwarranted 10y the Federal Constitution.
This ia no new question. When Gen. Jack
son claimed the right TO remove at pleas
are all officers appointed by the President the
Judiciary excepted, no matter whether faithful
or unfaithfu and insisted that the Senate had
no business with his reasons for so doing, and
could consider only the fitness of those nomi-
mated by him TO serve in their stead, We op-
posed him with the earnestness Of profound, de-
liberate conviction. We believed his assumption
as groundless ns would have been n claim
that he could Mt will absolye citizen
from his obligation to obey the laws of the
| land whereof he was the chief Executive So
believing, we hailed the passage of the Tenure
| of-Oflce act as initiating n necessary and be-
neficent reform, which was in no sense en-
cIoachment on the Presidents prerogative, but
a simple return to the doctrines and the prac-
tice of the founders and fathers of the Repub-
| lie. That lifelong Jackson Democrats like
Gen. Butler should take different view of
the matter, did not surprise US; but that vet
| eran Wings like Gauet Davis and James
Brooks should turn their backs on them
Selves" would be amazing if they had not al
ready set all principle and consistency at os-
tentatious defiance.
There was never any one who could sufpass
strict constructonst of the Virginia Demo
cratic school in justifying the most monsrous
stretches of power. The Federal Constitution
Cart. H. explicitly says:
ga The President shall nominate and by and with the
advice and consent OF the Senate shall appoint Embassa
dors, other Public Ministers and Consus Judges OF the
whose appointments are not herein otherwise provided
gress may by law vest the appointment Of such infe
officers they think proper In the President alone
E"93 The President shall have power TO fill mp all va
cances that may happen during the OF the Senate
by granting commissions which shall expire at the end OF
their next session"
Possibly, some one may deduce from these
two sections a Presidential right to remove, in
the recess of the Senate, officers for no other
cause than their dissent from his politics
and accord with those of the Senate; bat
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 Sen
ate to cases wherein the President fully believes
that the Senate wOuld concur if in session
And we hold the requirement of the "adyce
"and consent of the Senate" a shadow, o
mockery, sham. if the President, the
instant the Senate shall have adjourned,
may cxpe from Office those to whose appoint
ment 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 NOM
nee is fit for the place, the power of the SEN
ate is so shorn and shrunk that it would be
more decent and decorous to dispense with con-
frmation altogether, and let the President ap-
point and remove as shall best cOmpOrt with
his own good pleasure.
These convictions, we need not say, were
formed long before we ever heard of Gen. Grant,
and are no wise affected by the circumstance
that he is about to be inaugurated President.
We have never asked nor cared what he thought
of the Tenure-of- Office act, nor whether he
preferred its retention, its modification, or its
repeal. We are not ACCUSTOMED t9 Eecast O.
TWIST Our opinions to adapt them to the merid-
ian of the White House. We have no doubt
that Gen. Grants nominations for Cabinet
posts will be confirmed by the Senate without
hesitation or division, and that his nominees
Tor less important positions will be acted on as
rapidly rs even he can desire, and that, if any
shall be rejected, (Which we do not expect) it
will be for reasons which, if seasonably known
to him. would have precluded their nomination.