New-York tribune., 1869-04-01
THE TENURE OF OFFICE SETTLEMENT

At last, after nearly months discussion, the
Tenure of Office question is decided. Contrary
to general expectation, the Conference Com
mittee Yesterday succeeded in reaching an
agreement, which was promptly ratified by both
Houses; and, since Gen. Grants approval, as
we take for granted, is sure to be prompt 1t
may now be regarded as the law of the land.
The business of Conference Committees is
populariy understood to be to dodge difficulties,
and, under pretense of settlement to leave
them unsettled. We cannot say that the work
of this one wholly fails to meet the popular
idea. Mr.. Butler goes into the House, boast
ing in characteristic style that the difference
between the agreement of the Committee and
total repeal, is the difference between
tweedle-dum and tweedledee. Mr.. Trumbull
goes into the Senate announcing that the diff
ference between the agreement of the Com
mittee and the bill passed by the Senate Is
merely in the unimportant matter or whether
the Senate shall in terms refuse to confirm the
new appointment or shall only fail to confirm
it, the upshot, in either case, being the rein
statement of the old officer. Manlfestly
one or other of these gentlemen grossly
misstates the facts, or the result
of the Committees labors is so double-faced as
to be worse than worthless. But comparison
of the section in the Senate bill which the Con-
ference Committee lett unchanged, with the
one which they amended will serve to exhibit
better, perhaps, than the explanations in either
Senate or House-the exact decision which has
been attained. Here is the bill, as passed, with
the passages above referred to distinguished
by italics
That the ers and second sections entitled An regu
ng the tenure Of certain o passed March 1859 be apd the
sane are hereby repealed and lieu Of said repealed sections the follow
ing hereby enacted:
SIC Re n enacted de- Tbasevery psrson bOdps any ohe.
which b has been appointed By and With the advice
and Of the Senate shall have become duly qualified to
act shall untitled AOdsreh Office during hs term for which
he shall appointed unless removed BY sOd with the 'd
vic. aud ofh ssnA By the GppOHt~nf 'i ne IKE ad
v and consent in hn place except herein otherwise
provided.
sKc Aad be n enacted That during any Of the Sen
ate the President herbys empowered bis discretion suspend
civil appointed BY and with the advice aud consent Of The Senate
except judges Courts until s end Of the n>i
Of and designate suitable person. subject to be
discretion The resignation Of another to perform the
duties suspended officer in the time and such person so
the Oh and give the bonds required BY Law be
taken gvu the suspended oee and shall during the time hs
pens bis duties he entitled 10 the salary and enouments Of such
oeer no part shall belong the Oer suspended and shall
be IN. duty the President within 30 days after the Of
ever session Of the Senate except for any Oos which in bis
oush. not to be Sled gil all vacancies 10 Oncsf
which .r prior 70 othe Senate whether teupOA hsd
not and - IN tbe place suspended and s Senate driag
spk session au rsss 0ppofntaeaf IN ne
place Of aspended ocsr and not Oihee the Presdea
sha nominal, another person practicable said session
for said Office.
If the second section of the above be read
alone, and particularly if the last clause be
taken without reference to the last clause of
the first section, the boast of the repealers
that an officer whom the President had once
removed could never, by any action of the
Senate, be reinstated would seem to find a sufii-
cient warrant On the other hand, the provision
of the first section that an officer appointed by
the consent of the Senate shall hold his place,
except as afterward provided, until the
appointment, with the like consent of the
Senate, of his successor, seems very
plainly to indicate that the failure to con-
firm such successor does reinstate the removed
officer. Taken together, the provisions are
not irreeoncfable, although they are certainly
clumsy, not to say apparently incongruous,
and are very good illustration of the kind Of
patchwork legislation that Conference Com
mittees are especially calculated to promote
But their substantial effect undoubtedly is to
retain in the Senate power of conirmatlon in