The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-03-17

protection against the administration of
President job Bson, as wa shown by the
i defaceable fact that if the law mad not
been called into existence by the conoucb
of Johnson no Senator or Representative
would think of proposing such 81 law at
this time. Why, then, continue the law
after the occasion for 1T had passed!
He believed It's inms diate fep9al .tl
was demanded by the best interests OF the
country; because the Administrator
eocid not be carried on successfully under
its operation He v ould go Iurtnef, ano
say the country had gained nothing Dy
the law, even during the ADMINISTRATOR
OF johnson, and that the Republican party
had gained nothing by it Ii had been
mistake from the beginning. the senator
from Wisconsin, (Howe,O in the course OF
his argument in the last Congress IN favor
OF the law, had said that the President
might lust as well be allowed TO remove a
Supreme Court Judge at pleasure as 10 re-
move a Cabinet officer, bat the cases were
entirely dissimilar, because accoralng 10
the theory of orr system OF Govern menI
the Judiciary is a seperafe Department of
Government, wholly Independents OF the
Executive, while Cabinet onlcer Is ue-
pendent upon the Executive Tor his tenure
Howe explained that he had been reply
ing TO the argument that IN order u Sc
cure an efficient adm ntStration OF the pno
lie service 1t was necessary tnat the CaDl-
net officers and heads of Depa tmenLs
should bs removable at the Will OF the
President, and had said in reply that II
the Argument was a good one it applied
also TO the Judiciary Bureau, because lt
was equally necessary in order 10 secure
III
system that the President should ha
power TO remove Judges at will.
Morton said his statement OF the view OF
the Senator from Wisconsin, kHowe) was
substantially correct, aud that The ex-
plaua ion did not effect the force OF his
reply TO il. He then proceeded TO discuss
the operation of the law as 1t stood, and
o SHOW that instead pu flying the puo-
lie service, 1t actually served To Keep cor
not remove any officer unless 70 cause,
and the result was that although he mig ut
have evidence entirely satisfactory 10 MS
own mibd that n ohleer was unialthtui
and corrupt, yet not having langlDle
/ proof, he would let him remain undls-
| turbed rather than take the RISK OF fhiIlng
t. make a cause before The senate, and
subjecting himself to the suspicion OF ask
! ing the removal from unworthy motives.
| 7ae (Aiorton) had talked a short time on
/ this subject with Com miss ioner RO Inns,
who mad told him thai In the Internal
Revenue service great many ONO Is were
| left undIsturbed for want of tang Die PROOF
| of wrong doing, while the "a raj evidence
/ was most convincing
| stances referred to had occurred dur ng TIE
| recess. Tue Commissioner had been eX-
afnined before a com OF Nhlcn ne
| lEdmundsl WAS a membSr, and stated that
| he could not get the President 10 remove
/ any body from office during the ses lon OF
Norton did not think the question per-
/ uuent TO mis- argument. lie had been talk
| ing on this subject with Rollins, ana ne
| had expressed the opinion that the law
| was "A pretty good one for bad President,
| but very Dad one Tor q good PreSl lent
| He Morton believed that IL the Govern
| ment was to be carried on for the benenJ
| OF the public, and not merely or the bene-
| dt OF Office holders, the Executive should
| be left free To make removals at pleasure.
Williams thought that having been q
member OF the Finance Committee ever
| since the passage of the Tenure of-Ot1ce
| Act, he knew as much as any one or Its
action on the revenue service, and slated
that as far he knew, whenever any
enlcer was to be confirmed or rejected, the
opinion and advice of the Com 1sSlOner
of Internal ReveGus had always been
| taken. Tne d1fnculty complained OF D.
| the Commissioner lay in the fact that the
President dtd not bring the cases 10 the
attention of the senate
| Morton insisted that his statement d ID
not affect the force of the argument aga nst
the law The difficulty was that under
the act the President could neither r. move
an officer him self or ask the senate
10 remove wthout making such charges
I against him, wnich, n suststt ned would ruin
his reputation, aud If rot sustained would
subject the President himself 10 "A charge
OF rscklessness or malice, and as the ofilceT
aud President were personally Interested
| in the result d the law, II should nOL now
| be repealed The President, ia carryin
/ on ms work of reform, would probably
| have 20 MAKE so many suspensions during
! th. recess that Congress al Its next session
wou be wholly occu pied in considering
! them, or, what was more likely, would be
/ unable 20 COZ slider them at all.
Va es without gong ia o an argument
as 70 the coustlJuttOnality OF the aW, eX
pressed the o inion that IL ought TO be
Internationally repealed. "a thought
that IN the matter, whether IN refer &c
TO the interests Of ohe cos2ntry, or merely y
10 those of the party, Congress ought To bs
govern ed by the same consider ttiOn thai
influence men IN their business Lrausbc
tiOnS. Where man had employed an
agent, the first thing he id was 20 Try t6
satisfy tina agent that he has confidence
in him and was willing 20 trust nini. 81
, / the Congress of The United States repre-
. senting the people, ougut to do All ia II
power TO tisfy the lately elected Presl-
! dent that the people trusted him. This
! Administration ousht To be given 1ali
play. rne responsibility for removals
nom Office rested with the President. and
he should b left Tree TO make tn en-, and
/ then be he'd responsible.
Edmunds called the attention OF 4 ate
: to a legal opinion which he read from
book, 10 the effect that the claim at Jh'
: | President could create vacancy in offices
/ wituout the advice and consent OF th'
/ senate, was absurd.
Yates could not agree with that OpiutOn
Edmunds said what he read tn
optniOn of one OF the Judges OF the I'm
peachmeut trlal-Senator Yates, OF Iii
nOIs. Lar glterI
. Yates insisted that all he had said on
= that occasion was good law; llaughter.l IL
did not now, however, propose TO go int
e the question of law; he mad voted for TIN
{, Impeachment of President Johnson, AM
Z 4 under the sam circums stanees should VOt
so again aud if President Grant should a
# any time go back on his party, or on tn
principles on which he was elected, b
O Yates) would be the first to denounce hin
e The Pre- ident, however, had shOwR no IN
/ clinatiOn TO do this, and therefore tner
= was no Re ason why Congress should mani
Il fest a want of confidence in him oy keeE
! Ing his law upon the statute book. III
present President had vindicated his righ
q 10 the peoples confluence on = thOusan
: battle fields; and although he was not on
Il ( OF his faVOrIteS. yet he was anxions tha
l. ( the Pres dent should have chance in lii
l. administration OF he Government.
j. FCsseudea sIiI he wOult V lie for th
repeaI of the law. He would not do 5,
Is hOwever T, on the ground that TO vote othe
II wise would evin a dIstrust in the Pres
a dent, but because he ma opposed the la
from the first and had foreseeu and for
al told that its operations would do MOI
p. evil than goO1. He had not oppOS
le because ne thought it uncOnstitnttOna
y On the contrary, he believed tOngre
ie might impose upon the President the r.
- strIcLiOn which this law did impose. L
D. thoughtthe Senate had alrea ~ a suffi ei
oheck on the action of the President
It. nominations. III had been unab g, theT
ne fore, to support this law at the time of /
~ enactment b C use although it seem d
ut be demanded for That particular occaslo
N he had never been in the nabtt Of iramII
e has legt ,lation tor part1cuiar occas ion
or The great eva which haa attended q
* operation or the law; that II ha trans e
be red the power of appointment to OH
from the r. xecutive 20 the members OF ti
ry tiou-e OF Representatives.. TINS transf
IN hat been attended with very bad result
al ahd he Was. therefore, prep ared TO vote I
be the re peal Of the law. he would. epes
ed however, that his vote would not be gave
al for its repe 4 on the ground that 10 vo
II otherwise would indicate want of co
as- fidenc9 in the p esident. He expect
he TO stand by the President aud
d approve OF MS Of0claA cOnOucG Ia
TO esmed to him to be good. and exeu
lc- All that was miStak en-. and the Pre-lde
If would be more than mortal if he did u
he make some mistake. He was in the hal
ate OF determining his action upon all mes
We, 4 ures of legislation that came before n
a. ! without regard to persons or its probah
he effect upon theaa, and only with regard
he mis- duty TO hims- If and to the Senate al
ly TO the great constituency which he repT
as Seuted. He would vote Tor the repeal
nd this iaW only because it was bad on
De, and not with regard to its effect upon al
to person Or persons.
cts Yates said whether the Senator intend
ZEN to lecture anybO Y or not, he (Yates) d
no n ma lnpf al Gsay, OF