The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-04-01

Awaiting ourselves Of a timely
explanation in the Cincinnati En-
quirer of the provisions of this ac
which is the occasion of the issue
between the President and Con
gress, and of the exciting contro
versy between the two Houses
we will answer the inquiry Of g
correspondent who desires
have an idea Of what it is, and it:
origin:
Its first section provides that
Cabinet OF the President shall ''hold
their Offices respectively for and du-
ring the term of the President fol
whom they have been appointed, and
for one month thereafter, subject to
removal by and with the consent OF
Senate
The second section provides that
when civil officers, excepting Judges
OF the United States Courts, shall, du-
ring recess of the Senate, be shown,
by evidence satisfactory to the Presi-
dent 10 De guilty of misconduct in
office, or crime, or for any reason
shall become incapable or legally dis
q lIffa1 tn T. L.
case the President may suspend such
officer and designate some suitable per-
son to perform, temporarily, the du-
ties of such officer, until the next
meeting Of the Senate, when the case
shall be acted upon by the Senate
The person so appointed shall give the
necessary bonds. In twenty days af-
ter the meeting of the Senate it shall
be the duty of the President to report
to the Senate such suspension, with the
evidence and reasons for his action,
and the name of the person so desig-
mated to perform the duties of the Of
flee. Ii the Senate eoncurs the Presi-
dent may remove the officer and ap-
point a successor. If the Senate does
not concur, the suspended officer re-
sumes his office, and receives again the
official salary and emoluments. The
President, in case he shall become sat
istied that the suspension by HIM of a
civil officer was made on insufficient
grounds, shall be authorized, at any
time before reporting the suspension
to the Senate, to revoke the supension
and reinstate the officer in the per-
fOrmance of the duties of his office.
1t was passed in March, 1857. Pre-
vious to that time, every President of
the United States, from Washington
down to Andrew johnson, had, during
the recess of the Senate, exercised
without question. the power efmaking
removals at his will and pleasure.
When the Senate convened his nOmi-
nations were sent in. If they were
approved it was all well. If not. the
President sent in a new nomination,
and continued to make new ones until
the Senate did find a person whom it
would confirm. But, in the mean
time, the individual removed by the
President was not and could not be
reinstated except by a new appoint
ment of the President and Senate.
Under the Tenure-of-Office Law this
was changed. The President could
not remove at all during the time the
Senate was not in session. He could
only suspend, and then for reasons of
misconduct in office, which must be
given to the Senate within twenty
days after it reeonvened. If they
were not satisfactory the suspension
was not sustained, and the old officer,
whe was suspended, again took pos
session of the office. This provision
was very different from the practice
of the Government, as we have stated
up to the time of the passage of this
law. The reason of its passage was
entirely partizan.
We will add that having seized
the power by conspiracy with the
House against the constitutional
prerogatives of President John
son, The Senate is reluctant to
surrender it. And this is the
real cause of the struggle.