Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1885-04-10
The staunton indicator.
FRIDAY MORNING. APRIL. 10. 1885.
PRESIDENT CLEVELAND AND
THE TENURE OF OFFICE
W

CLEHELAND AND
THE TENURE OF OFFICE
LAW.
President Cleveland has made such
appointments in his brief space of Office,
as strongly suggest his being, as the
phrase goes, a man of his own head. In
the reappointment of Henry e. Pearson.
Postmaster of New York, he has not only
shown that it was his own head, but taking
even a party view of it., a long head.
When we recollect that the Democrats are
now IN power in the Union by majority
of only one thousand and eighty votes;
that even that small number was won
after fierce struggle in the State of New
York; that nothing but the Independent
Republican vote in that State gave it to
the Democrats, and that only nine months
will elapse before the Democratic and Re-
publican parties are again arrayed
against each other there, it would, speak
ngpurely from party point of view, have
been the greatest of folly in a Democratic
President to have refused the only ap-
polntment on which the Civil Service In
dependents seemed to have set their
hearts. Some of our Democratic cotem-
p0raries in New York seem to think that
the appointment of Pearson will drive off
enough Democrats to wreck the party. We
cannot tell how that is, but we had
thought that pretty much all Of the
element who would take that view of it,
had already gone off with Ben Butler.
So much for the Presidents long head
and now for his opportunity to show
whether he has head Of sufficient hard
Friday, confirmed all but fourteen of the
one hundred and seventy-nine nominations
that he sent in. or that fourteen, two
were rejected. one being an appointment
of a cavalry captain and the other post
master at the town of Pleasanton, Kan
sas; the remaining twelve were simply
not voted on and included two Collectors
of the Revenue and some minor consuls
and postmasters. One of these Collectors
of the Revenue, was Jno. Z. McGraw, no.
minated for the Second District of West
Virginia. In his case 1t is stated the Re-
publican majority of the Senate took the
view that the incumbent was recently ap-
pointed, and by general consent acted to
gether to retain him without going to the
length of rejecting his successor. They
simply left the nomination not acted
upon. The President at once submitted
the question OF the extent to which the
revenue officers are affected by the Tenure
ef-ofice law, to Attorney-General Gar
land. There did not seem On the part OF
the Republican Senate during it's extra
session any disposition to make any
trouble for the President in the matter OF
filling the offices, but the occurrence OF
the West Virginia case has, notwithstand-
ing, revived interest in, and discussion of,
the present status of the Tenure-of-off
bill. That bill, as it was first passed sixty
years ago, only applied to District Attor-
neys, Collectors of Customs, Naval off,
GERS and surveyors of customs, Receivers
of Public Moneys, Commissary General,
Registers of Land Offices, Army Paymas
ters and the Apothecary General and his
assistants. 1t was not until the war be-
tween Andrew johnson and the Republi-
can party in 1867, that that party, to weak
en- the Presidential power, commenced
amending the law. Its first blow at him
was an amendment by which his appoint
ments to all vacancies happening during
the recess of the Senate Shy death, resigna-
ton, or expiration of the term of Office
should not be permanent, but only good
until the Senate met again. And if when
the Senate did meet he made no nomina-
tion to the Office which was acceptable to
and confirmed by that body the Office
should remain in allegiance without ''any
salary, fees, or emoluments attached
thereto" until it was filed by man that
the Senate had confirmed. In providing
for the discharge of the duties of the Of
fee during the allegiance, the law was
rather confused and gave johnson slight
opening. SO, four weeks after, Congress
passed that, it passed another, pinning up
all holes with this proviso:
''That any person holding any civil Office
to which he has been or may be hereafter ap-
pointed 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
shall have been appointed, unless sooner re-
moved by and with the advice and consent of
the Senate, or by the appointment with like
advice and consent, of a successor in his place,
except as herein otherwise provided"
This was to settle the point that while
the Presidents right to appoint is IN
questionable under the constitution, bis
right to remove which he derives from
that instrument only by implication might
be questioned by Congress and effectually
denied. Later. we think when Grant be-
came President, the law, he being in
fuller sympathy with Congress was
amended so as to give the President a
right to suspend any officer, except judic-
ial, under these conditions:
s'That during any recess of the Senate the
President is hereby empowered at his discre-
sion to suspend any civil officer appointed by
and with the advice and consent of the Sen.
ate, except Judges of the United States
Courts, until the end of the next session of
the Senate and to designate some suitable
person, subject to be removed at his discretion.
to perform the duties of the suspended officer
in the meantime; and such person SO desig
mated shall take the oaths and give the bonds
required by law to be taken and given by the
suspended officers and shall during the time
he performs his duties be entitled to the sala-
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