St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-01-10
CLEVELAND'S OPPORTUNITY.
The LoOphole Provided by Congress
Through He May Induct DEM
Gratis into Office
Representative Seney Explains at Length
How He May Proceed in Decapitating
Republicans.
Especial TELEGRAM to the Globe

land proves to be the right kind OF man,
the Democrats will have no trouble with the
civil service law" Remarked Judge George
E. Seney, the Con gresham from the TIffn
(Ohio) district to your correspondent.
500 you mean to say, Judge, wnat the CT
vii service law will not prevent the whole
sale removal of Republican officials and
the appointment of Democrats in their
ahead"
''Tne laws will not amount to that!'' re-
piled the Judge, illustrating his answer by
swapping his fugers. Congress already has
provided a way out of all difficulties, that is,
OF course, if President Ceveland has tue nee
essary amount of back bone, and his friends
say that he has"
As the Tiffiu Congressman is author of
that standard legal work, Seney's code, and
one of the most brilliant lights in the legal
profession, your representative particularly
listened while the Judge interpreted the Law
as it is.
Il have great many applications for Of
fee from my district continued Mr.. Seney,
land some OF the applicants want TO be
Postmasters Of offices that are termed Presi-
dentiaIs ones. Tne Postmasters Of these of
fees are appointed by the president for
term Of four years, and as the term OF near
ly every one in my district does not expire
for several years 10 come, have been look
ing up the law, aud | find that it will be very
easy TO put Democrat in every presidential
Office in the country as soon, after the
fourth of March as Mr. Cleveland may be de-
sire.
''Please explain the matter fully Judge.
Your information may prove to be the best
kind Of New Years present to thousand
of wealthy Democrats.
GAN right / will try to make it plain. From
the foundation of the Government up TO
Andy JOhesou's time all officers except Uni
ted States Judges were removable at will Of
the President without the consent Of the SEN
ate. twas the right Of the President TO ap-
point and re move at pleasure, and the right
was unquestioned. Andy Johnson, you
know, was formerly a Democrat, and he
commenced his famous swinging around the
circle preparatory TO getting back to his first
love--the Democratic party. All over the
country Johnson was removing Republicans
from office and putting in Democrats Con-
gress, which was overwhelmingly Republi-
can, determined to stop this wholefale re-
moVal Of Republicans, and, TO head Johnson
off, passed in 1867 what was known as the
Civil tenure of office law, which proqi1ed
that when the President removed an official
and the senate refused to confirm the new
appointed Of the President the removed Of
fetal was reinstatcd in his position, there TO
stay until his successor was confirmed by the
senate. To Illustrate We will suppose that
johnson removed John Jones, the Rcpubli-
can postmaster at Squedenk, and appointed
Peter Smith, a Democrat, 10 the vacancy. II
the senate refused 10 confirm Smith under
the civil tenure of Office law Jones was rein
stated in his old position. The law worked
well and Johnson was pretty efTectually head
ed on.
President Grant came In In 1862 and, as
he had many old cronies TO reward, the civil
tenure Of office law bothered him. Congress,
10 oblige Grant, changed the law so that when
the President removed a person from office
the new appointee should I'LL the position IN
til his successor was confirmed by the sen
ate. As the law which was passed TO oblige
Grant Is still in force, it makes clear sailing
for President Cleveland aud the Democrats
Here are the three sections in revised statutes
which cover these points, and the readers Of
the GLOBE can see that very Interpretation is
correct.
Section 1767-Every person holding any
civil office to which he has been or hereafter
may be appointed by and with the advice
and consent Of the senate, and who shall
have become duly qualified TO act therein,
shall be entitled to hold such Office during
the term for which he was appointed unless
sooner removed, 10y aud with the advice ana
consent of the senate, or By the appointment
With like advice and consent OF a successor
In his place except rs herein otherwise pro-
yided
Section l16S- During any recess Of the
senate the President Is authorized in his di-
rection - suspend any civil officer appointed
by and with the advice and consent of the
senate except Judge OF the Courts OF the
Unite States until the end Of the next SEES
sion OF the senate aud 10 designate some
suitable person, subject 10 be removed in his
discretion by the designation 81 another to
perform the duties OF such suspended officer
in the m'autlmc. and the person So desig-
mated shall take the oath and W the bond
required Jy i4W 10 bc taken anu given by the
suspended officer, and sh all, during The time
ne performs the duties of such office, be- en-
titled 10 salsry aud rmoiumrnts office 10 part
of which shall belong 10 the officer sus-
pended.
The President shall within thirty days
after the commencement 81 each session OF
the senate except for any office which in his
opinion ought not 10 bc hllrd, nominate Der
sons TO I'LL vacancies In office which existed
at the meeting OF the senate, whether temp
orarlv ilrd or not, and also in the place Of
all otlic, rs suspended, and of the seuate.
during such session, refuse 20 advise and
consent 10 an appointment in Place Of any
suspended officer. then aud not otherwise
the President snail nominate another person
as soon as practicable az the same session Of
the senate for that utiice.
Section Whenever the President,
without the advice and consent II the senate.
dCSignatts. authorizes or EMPLOYS any per-
son 20 perform the duties OF any office, he
stall forthwith notify the secretary Of the
treasury, thereof, aud the secretary Of the
treasury shall thrrrupon communicate such
notice toau proper accounting and disburs-
Ing officers OF his department.
Tho senate may refuse to confirm Mr..
Clevclaud's hrst appointments, but, as in no
,asc will the old incumbent be reiustated
aud as the names OF noue but Democrats
Slll be sent 10 the senate, that body will
probably make virtue NJ necessity and con-
irm Mr. Cievelands appointments as fast as
made"