The New York herald., 1869-03-17

country or me9esy tho interests Of the party Con-
e e. Sssss sas
nrst thing he did vas % uy and satisfy thai agent
trust him, and SO the Congress Of the United States,
Representing e people ought e % a ~ ~, IS power
trusted him. The administration ought TO be gwen
fair play the responsibility for removals rom once
ressed win the President and ne should De Ie' 'fes
lMr. Yatesl II no were TO consult his personal
iuclinations, would rather hight against an admin
neyerfheess desermiasa @ 70 gyc 70 the present sd
mnistration his hearty support until ne should see
sSs gc0d reason % wshray II THIS Tenure S q
dent c1 ana an 1ncumbrance upon HIM In reforming
M. EDmUNps mr.. Yates having temporarily
yielded TO him the noon Called the attention or the
,al6sr 6 y 70 Ia iega! opinion which ne read TON
as M II puDc nas oss wn
the advice ana consent Of tie Senate was absurd.
nj, YATES could not agree with that opinion. Is
opinion or one of the Judges in the impeachment
trlMa-Senator a. Yates Of Illinois Iaughter.l z.
that occasion was good Law. Laughter.) 10 did
cflaw. He had voted for the impeachmenr Of Presi.
dent Johnson, and, under the same circumstances,
ne would vote SO again; and II President Grant
should s,i az any time 60 back on his party Or on
lyates would be the nrst to denonnce him.
fne resident however, had shown no
ere wa nc or n e @ sSSa ma
upon the statute book. The present President had
thousand battle fieids; ana although he IMr Yates
was not one OF his fayorites, yet he was anxious
that the President should nave fair chance in the
vote for the repeal Of tie law lie would not do So
would exhibit distrust in the President, but be-
cause ne had opposed the law from the
operations would do more evil than good.
He mad not opposed the law because he thought 1t
unconstitutonal On the contrary, he believed that
Congress might constitutiOnaLy impose upon the
President the restriction which this law did impose
He thought that the Senate had already sufficient
withhold its assent from his nominations. He had
been unable, therefore, to support this law at the
time Of its enactment because, although II seemed
to be demanded for that particular occasion, he had
In the habit or framing his legislation for
particular occasions. The great evil which had
it mad transferred ''Ii substantially the power.
Of appointment to Office from the Executive
r. ss s q as a q
very bad results and ne was, therefore, prepared
TO vote for the repeal of the law. He would repeat,
on the ground that TO vote otherwise would indicate
want OF confidence In the President. he did not
think il necessary or dignined to be continually an
nouncing the confidence OF the people and OF Con-
gress In The President. The people had but recently
elected and IT was to be presumed that they had
Senate, but he thought It was not neces-
sary or IN good taste to be continually
ing about his battles and victories. General
Grant had ceased to be General ana had become
President OF the United States, and was likely TO
have hard time OF II. u4aughter.) He tMr. Fes-
senden) expected to stand by the President, 10 ap-
prove OF his olfical conduct that seemed to him
good as he expected most OF 1t would be. and ex-
clse ali that was mistaken; ana the President would
be more than mortal If he did not make some mis-
takes DHe was In tue habit Of determining his action
nfl noftp
HIM without regard to persons its probable eject
upon them, and only with regard to his duty to nn-
which he represented. lie would vote for the repeal
or this law only because IL was bad one and not
with regard 70 ITS effect upon any person or persons
Mr.. YATES said that whether the Senator from
Maine intended To lecture anybody or not he (Mr.
Yatesl did not intend to be lectured. The senator
from Maine said that In legislating in regard 10 on
OF the government he never considered the per-
son holding an office; but the facts were quite the
other way, because that senator In voting for the
Tenure OF Once bill had done so with direct refer
ence 70 the person who then held the ONCE Of Presi
dent.
Mr. FEssRNDEs-I did not vote forit
Mr.. YArEs-Weli, Others did, and they voted with
reference to the person then holding the ofice OF
President, and maintain that ought to consider
the person who holds an once in iegalating with
reference that Office. He also insisted that 1t was
proper to refer in the senate to General Grants
MI HOWARD, trep) OF Mich, protested against the
mputation OF the senator from Indiana mt. Morton
this law woudindicate want OF confidence In the
President. The imputaton was without foundation
an excellent one, and his chief object IN voting Tor
1t had not been 70 RESTRAIN Andrew johnson, but TO
put upon the staas book sniutary
ecutive as well as to the people. II was
true that the misconduct or President johnson
had given the occasion for the enactment; but occa
have always suggested the enactment OF laws.
No one could have higher sense than he Of the pa
an% d s n Ss
admirable; he expected It would be 50, rs he In
tended to give his support TO every act and sngges-
ton OF the President that he could approve; but he
would NOT be swerveu from the line OF duty as q
legislator by a regard for President Grant or any
otner human being. lie had never learned and never
mat sSnifs nay sssh follow fs~nms. - -'~'
The constttutionality OF the Tenure OF ONCE act
seemed TO him clear 70 hardly admit Of debate.
1t required the cQncurrlng action OF the President
and the Senate TO put man into ONCE. How, then,
unable do without the advice and consent OF the
senate? This consideration alone seemed TO settle
some OF the greatest statesmen that the country had
q conclusion MI Howard again denied iaai 1
indicated want Of confidence in the he pres,- sn
dent, aud expressed the opinion that the Prea-
dent himself would hur back the imputaton II he
heard it. He (Mr. Howard was willing, for the sake
OF being In harmony with his brother Senators, 10
y9e a 10 s % ls ~ @ ana Dui e
would not under any circumstances agree 20 Its re-
peal. 81
Mr.. EDMUSps thought that dislnterested spec
tator, II there were any such would have curiosity
to know the occasion Of this attempt 10 strike
or the statute book o law for which some
OF tile wisesr and purest OF the fathers
OF the country had struggled and for the
want Of which Executive patronage had more than
once by direct Intervention been used To control
Of The atiept to repeal TINS law were OF two classes
The democratic party In the Senate advocated is IN
q solid body: some OF them, probably, upon prin-
ciple but others no doubt In the hope that by repeal
ing the law the republican party would put Itself In
the wrong and would astand before the people OF
the country and the world party which had re-
sorted TO mean and unconstitutional confrivsnce
against Executive that they did not like. and
which now make haste to abandon that contriyance
In favor Of an Executive that II dld like.
Acting with the democratic party were some
OF the most able and eminent mem
bers Of the republican party, who, however,
acted In this case a. n ours were government OF
men instead OF q government OF laws. There being
tins strong combination for the repeal OF the law, t
was worth while for senators seriously 10 consider
what IL was that they were asked to do. He would
remind them that history not silent upon this