Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1884-12-13
TENURE OF OFFICE.
The Power Of the President to Remove once
Holders.

"
/ Holders.
i Judge Richard III. Stanton, an ac-
complished lawyer and politician,
says In the Maysville Bulletin.
For the benefit of certain federal
officers now holding by appoint.
ment Of the President and confirma-
tion OF the senate, lf they are silly
enough to believe they cannot be
removed until the expiration of the
term for which theu were appoint
ed. we propose TO disabuse their
minds OF so ridiculous am opinion.
The question of the power of the
president to remove was considered
almost at the beginning OF the gov
ernment, and was decided in 1889
that he had the power to remove
without the consent of the senate.
When Andrew Johnson; became
president the northern men then in
power proposed to check and con.
troll him by the enactment OF law
tying his hands In regard to the
power OF removal. This was the
tenure of Office act, which was pass.
ed in 1867 over his veto. This act
provided that every person holding
an Office for which he had been con.
tirmed by the senate should hold
1t until his successor should be APP
pointed in like manner, unless he
should be suspended during the re-
cess OF the senate for misconduct Ia
office or crime, or because incapaci-
tated. II the senate ON meeting
should not concur in the suspension,
he should resume the functions OF
his Office. JohnsOn's alleged vio-
lation of the law in the removal OF
Stanton from the war office WAS
one OF the principal charges ON
which he was attempted to be i'm
peached. afs71'
Gen. Grant, when he became
president, did not fancy the re-
straint that this law placed upon
his right OF removal, and soon after
his Inauguration the act was so
modified as to provide that presi-
Dental aPpointees might be sus-
pended at the pleasure of the presi- |
dent during the recess OF the senate,
and IL the senate during the next |
session should refuse to confirm the |
person appointed In the place OF
any suspended officer, the president
might nominate another. Under |
the act passed during President
Johnson'S term, II the senate did |
not confirm the new nomination,
the suspended officer resumed the |
functions OF his Office. Not so how.
ever, under the modified act, for the
new nomination does not In any
way benefit the suspended officer.
1t merely requires the president TO
another and may keep on
doing so until nomination accept.
able to the senate Is made. Under
a case OF this kind, decided In the
court Of claims under this law, il
was held that the president had the
most undOubted right to suspend
any officer during the recess OF the
senate, "with or without cause"
The claimant, said the court, may
have been the best postmaster ever
known without the absolute right
Of the president To suspend him be-
ing at all diminished, or he may
have been the worst ever known
without that right being an atom
This settles the question as to MIR.
right TO suspend a. fed
erai officer OF his own will and -ap-
point his successor, and any federal
Dfficer whose appointment is from
the president IL simply an idiot or
fool If he supposes he can hold on to
his Office against the the will OF the
president.