The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-11-11
TENURE OF OFFICE:

III OAuCo Auu places OO6UaCleS IN Gne way Of
it's termination, while the latter prescribes
the means of determining the %quali6ca.
tions and defines the irmmunities OF appli.
cants forsand occupants of public offices. In
other words the first applies to Cabinet
officers, heads of departments, and chiefs oil
bureaus, together with Territorial appoint
ments, and the second relates to clerks and
other subordinates.
What is known as the Tenure OF Office
law. was enacted by Congress, and passed
over the Presidents veto, March I'd, 1867.
1t prescribes hat every person hold
ing any civil office whose ap-
polntment was confirmed by the
Senate, b hold the same for the time
mentioned in his commission, or until such
time as the same authority may confirm
his successor, but empowers the President
to suspend him, and all Others except
United States, not Territorial, judges, until
the end OF the next session of the Senate.
and to designate any other suitable person
to perform the duties of the office in the
mean time. The same act imposes a pen.
atty upon any person assuming to exercise
the powers or performing the duties O, anv
Office, and also inf1icts a severe punishment
upon any person appointing another, in
violation OF the Tenure Of Office law, The
penalty in either case ia imprisonment not
exceeding five years or a fine OF not more
than ten thousand dollars or both. A Gus.
tom had been established in the Executive
Department, long before the passage Of the
above act Of Congress, of commissioning
Federal officers in the Civil Service for a
term OF Tour years, but such appointees
were removable at the pleasur, of the
President. The law always required that
such officers should be confirmed by the
Senate, butt very rarely happened that the
right OF the President to remove and ap.
point to fill va. ancies occasioned by re.
movals or death was questioned.
There are some cases on record showing
that the Senate refused to confirm the
Presidents appointments, but these only |
occurred where the character orqualifca.
lions o~fappointees were brought into ques-
ton, orduring an unusually heated political
excitement when there was a bitter irrecon-
cileable hostility existing between the Sen.
ate and the Executive. The latter wal
notably the case during the fierce contest
between Andrew Jackson and the old Wing
party, growing out OF the public excite.
ment for and against the United States
Bank. The Wings commended for ENLARGED
and continuing powers for the bank, while
the Democrats, being the hard mo ney
and for it's destruction.
Jackson's first assault was made by
ordering the United States deposits to be
removed from it's custody. The then Sec
rotary OF the Treasury peremptorily re-
fused to obey his order and the President
at once removed him. That officer having
been removed, the Senate for some time re-
fused to confirm his successor. Notwith-
standing this, the President continued to
make appointments until the former
finally receded from it's a%ntagonistic po.
sition and confirmed the appointment OF q
Secretary OF the Treasury. Andrew Jack
son gained his point, the deposits were re-
moved, and a few years subsequently the
rotten shinplaster bank yielded up the
ghost.
The act of 1867 was passed during a SIM
liar disagreement between the majority
composed Of Republicans, in both houses
OF Congress, and Andrew johnson, who sue
ceeded Mr.. Lincoln, as President. Mr..
johnson, in order to retaliate against Con.
gress for it's opposition to his reconstruc~
ton plans, again affiliated with the Demo
Gratis and made a wholesale onslaught upon
the Republican oticeholders, and would
have removed them all had not Congress
enacted the Tenure of Office act of March
1867. The President, however, persisted
in exercising what he honestly believed to
be aprerogative of his Office. This was the
principal count in the articles of impeach.
ment against him. He did not hesitate,
when under trial for alleged high crimes
and ~misdemeanors in the exercise of his
constitutional right. He continued to
nominate and the Senate kept on rejecting,
until at length a compromise vas effected ,
the Republican majority and Dem 8
minority, by which the new appoint ;
nents were equally divided between the :
parties. The President came out of the ;
contest victorious, because, though he did !
lot succeed in filling all the offices with :,
Democrats, he turned all his enemies out. J.
An impression enormously prevails !;
pretty generally over the country to the -
that the President has no authority =
o remove an appointee whose term has not =
xpired, under the Tenure of Office law. I'm ~
Ter that act he ia not prevented from sus- O.
all or any holding appointed =
ltices. and designating others in their -
laces. Those appointed under such circum- ~
hold their offices until the end OF y
he next session of the Senate, if not con- r
by that body. If confirmed, how -
yer, they are commissioned for the full :,
erm. The fact Of a new appointee not be- q.
g confirmed by the Senate does not i,
the suspended incumbent to the "
flee, for the President can Immediately r,
pom the rejection of a nominee, appoint =;
There is nothing in the act which +,
olds out any inducement or encourage n
ent for q deposed Office holder to look -,
rward to his reinstatement. Suspen- 80
IN ends him and should blast all his =:
opes, hes
There seems to be an opinion deeply &C
'oted in the Republican ranks, that the gu
enure Of Office Act prevents the President fl
ON turning their friends out OF office and DR.
Democrats in their places. In it
lis they are grievously mistaken. The tn
is moving cautiously and slowly &C
making changes, because first he displays be
anxiety to select only the very best men, tn
I'd second, in consequence of his purposes he
corscientiously keep his pledges not to oil
axe removals except for cause. The be
asons for the appointment of honest, DO
pable Democrats to office are increasing vii
i'd becoming more potential every day. tn,
1e Republicans hopes of retaining office no
e built upon a foundation of sand, for evj
e pent-up wrath OF the people is rapidly he
ncentrating, and in a short time it will ter
like a cyclone from one end OF the land 40
the other, sweeping before it like chat, gre
cry Office holder appointed by former ad. sin
Pack up your traps, gen. his
and gracefully succumb, for you res