The New York herald., 1869-02-21

would require the Senate to pass upon the pro
priety or imT roprtety Of the Presidents action
u would not be mere matter OF phraseoogy. ~ the
Senator from New York had said II would be.
Mr Uosxs replied That the s xus sM sse
appointments OF the President made during recess.
Mr. MORTON said that under the law, before the
passage OF the Tenure Of once law, when the Presl
dent removed A. b in the recess and appointed Q. d.
u I'LL the vacancy, II the Senate refused 10 con-
firm the appointment, that did not put A; b. BACK.
But under the law as the Senator from New York
would have it, the refusal Of the Senate to confirm
suspension from office by the President would
@ Would H not Iss be without a' practical rae eject.
Mr. CoNKLING replied that at the same moment,
with or without the law the President would become
clothed with the power OF filing an ofice, because
under the law an ofice must remain vacant till the
Senate confirms the appointment OF some one to MI
It, and without the law the President could dismiss
the incumbent OF an once and appoint substitute
U hold the place during the whole vacation.
Mr.. DooLITTLE ldem.) Of Wis, said that the ques-
United States the President had the power Of remov
ing nom ONCE was by no means new one 1t had
been decided il the afirmative; and later, In the
days OF the Irants, Webster, Calhoun, Clay,
But the Tenure-of-Ofnce act had introduced
new element, by requiring that removals should be
ident desired to remove upon trial before the Senate
and subecting his character TO public scrutny and
If, In any case, the Senate should decide that the
the effect OF public judgment by the Senate that
the 0cer IN question was unit because OF his char
from once did not involve the character of the per
son removed, but simply indicated that the Pres-
dent preferred the new appontee. II, however, an
theory that every removal must be for cause ii would
fail for want Of time the part OF the Senate to In
vestigae the cases that would arise SO as to be able
to determine the suflciency or insuiciency OF the
causes assigned. The Tenure OF Onice act was
wrong In theory, and incapable Of practical execu-
tion, and. therefore, he would vote for Its repeal
Mi. DIXON, tdeml Of Iowa, said that he voted
against the Tenure OF ONCE bill when on its passage
and should now vote for ITS repeal; He agreed with
the democracy OF Connecticut In the idea expressed
In the resolution Of their recent State Convention
that they would not wage indiscrimlna,e warfare
against the administration Of General Grant. So
far az he supported and upheld the constitution
they would support him or any other President
They were in favor OF giving him fair chance to SO
They had great hopes that he would do SO; and
perhaps, II ne were . prophet, he might predict
the majority in this Senate wouldlbe quarreng over
him. II 80, perhaps the honest men OF the nation
would be benefited by snch a difference Wishing
to give General Grant fair play and an opportunity
to serve the country by generous and magnani-
nous policy removed far above the atmosphere OF
the radical party he should vote to repeal the Civil
Mr.. ROBERTSON, rep.) Of s. c., was In favor of
repeal The Tenure OF Office act had been necessary
at the time or its enactment but 1t was no longer
necessary. and to refuse to repeal Ii would be to
manifest want OF confidence in General Grant
Mr.. HOWE, (rep.) OF WIS.,, opposed the repeal. Tne
argument that the Tenure Of ONCE act should be
pealed because General Grant could be trusted had
no effect up0n him, because he had advocated its
passage originally. not upon the ground that Mir.
Johnson Gould not 6e trusted, but because he
regarded that as an opp0ftnne time to Correct
great mistake made by the ilrst Congress that ever
assembled under the constitution Itwas true that
evil resulted from entrustng the first President with
the power Of removal at WILL In was also true that
on the 4th OF next March there would be inaugu-
rated President not unlike the first man who by
dint Of achievement had IN few years inspired the
whole country with unlimited confidence in his wis
dom, the purity Of his purposes and his ability
TO carry them outs and was wonder that Senators
and others should be willing to trust him with extra
ordinary powers. But pe (Mr. Howel had no guar.
antee that future Presidents would be like General
Grant. He was in favor OF keeping the Tenure of
ONCE act upon the statute book rs declaration OF
the measure OF Presidential power In this direc
tion under the constitution.
Mr.. SAWYER, (rep.) OF 8. c., said he had not the
slightest want Of confidence in the President elects
but on the contrary, he deserved the general con-
fdence Of the people, because in every position IN
which he General Grant, had been placed he had
justified the confidence placed in him. But I've
thought there was some danger OF manifesting con-
hdence In an unwise way by repeating the Tenure
Of once act. He believed Lhat act had been passed
twenty years ago it would have been better for the
country, ana he was In favor OF continuing II in
force at least for the present. and probably always
And even II he was disposed to repeal II he would
not do 1t on the eve Of an administration because It
sun.
Mr. MORTON rose to address the Senate hut gave
way to motion TO adjourn, which was carried; 80
Mt half-Dost four p. M. the senate adjourned.