Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-03-24

10 ueDy, anu tue OIL uOc5 nOb uoDy. tu6t III
the present moment the Preldent may re-
move these officers OF will, because the
early decision adopted that construction,
and the laws have since uniformly sanction.
ed it. The law Of 1920, intended TO be re-
pes!ed by this bill, expressly afirms the
power. | consider it, therefore, settled
point; settled by construction, settled by
precedent, settled by the practice OF the
Government and settled by statute"
So, Mr.. President, as Mr.. Morton in the
debate of 1869 declared, the question OF
the power Of removal BY the President OF
the United States as function vested in
him by the Constitution
WAS FOR sEvENTY.EIGHT LONG YEARS As
oCIEsCED IN
by every Department of this Government
tcslS67, when an anomalous condition OF
things arose with which we are all famiE
lar. / would devote few words to il but
fur the fact that another has done 30 in so
much better language than can hope to
do.
/ received day or two ago the second
volume of o book entitled Twenty Years
OF Congress" written By Mr.. James e.
Blaine, former member Of the Senate,
former Secretary of State, former mem
Der of the House of Representatives,
former Speaker of the House of Represen-
talives, q gentleman who came within
fraction over 9 thousand votes OF being IN
a position to be the happy recipient OF the
warfare on the executive power which Is
now proposed to be consummated by the
resolutions on your desk. Of course that
war would have come all the same; OF
course if the result had been thous-
and votes different in New York it never
would have affected the attitude Of great
msiority on this floor! Of course if the
result had been the other way instead OF
the way it was. our friends constituting a
majority here would have made the same
warfare upon James G. Blaine, their Elk
ecutiye, elected By them, as they are en-
gagged in now With Mr.. Cleveland, who
was elected by somebody else.
Mr.. BLAINE, SPEAKING HIS MIND
on this as he has had the habit Of doing on
ali topics, speaking OF tbs act Of 1861
says:
The bill was passed, however, without
out considerable misgiSing on the part OF
many members of both Houses who voted
Tor it. 1t was an extreme proposition-a
new departure from the long established |
usage OF Federal Government, and for that
reason, if for no other, personally degrad.
ing TO the incumbent Of the Presidential
Office. 1t could only have grown out OF
abnormal excitement created by the dis
sersions between the two great depart
ments of the Government. The bitterness
engendered resembled that which always
distinguishes family quarrel. The meas
ure was resorted to as one OF seltdetense
against the alleged sggressions and the
unrestraiued power of the executive depart
ment. But the history of it's operation and
of it's subsequent modification, which prsc-
ticslly amounted to it's repeal, is one
10 which the Republican party
can not recur with any sense of pride or
satisfaction. AS q matter OF fact, Repub-
licau Congress, largely composed OF the
same members who had enacted the law,
indirectly confessed two years later that 1t
could not De maintained. Regarded only
in the light of expedienoy at the time, 1t
could readily be demonstrated As was at
terward admitted by candid men among
those who supported it, to be blunder-
a bluuder all the more censursble because
the act was not needed to uphold the re
obstruction policy Of Congress, in aid OF
which it was devised.
While have this book in my hand will
take the liberty Of reading what the dis
tinguished author says on the subject OF the
act oflS69 which was passed pretty nearly
By the same men who passed that Of 1867,
and of which he speaks rs follows:
When the bill reached the Senate there
was disposition on the part OF some lead
ing members of that body to pass it as
promptly as it had been passed By the
House Mr. Morton urged that it be put
on its passage without referring 1t; but the
Senate was not prepared for such haste
and, on motion OF Mr. Trumbull, the bill
was sent to the Judiciary Committee. That
committee reported it without delay to the
Senate, with an amendment in the form OF
a substitute. The House bill was sim
pie repeal 10 the fewest possible words
The Judiciary Committee now proposed
that instead Of an absolute repeal, the ten.
u,e of Office act "be and the same ia here.
by suspended until the next session OF Con-
gress."
This was q lame and impotent conclu.
sion, and did not command the support or
even the respect of the Senate. Mr.. |
Thurman. q member OF the committee
that reported it, made haste to announce |
that he had not approved it. He treated
the proposition for suspension as prsctr
cal confession that that the tenure OF office
act ia to be enforced when it will have no
practical effect, and is not TO be enforced
when it will have practical effect The
chief defenders OF the proposition to sus-
pend the act were Mr.. Trumbull, Mr.. Ed.
munds, aud Mr.. Schurz. Mr.. Edmunds,
pressed By Mr.. Grimes to furnish good
reason for suspending the set, replied thGt
owing to the peculiar circumstances that
have attended the last administration 1t is
desirable that there should be an immedl.
ate and general removal of the office hold
ers of the country as rule, and as an
agency for that removal, subject to our
approval when we meet again in conhrms-
ton of their successors, these men being
put out, We are willing to trust this Exscu'
tive with that discretion.
Mr. BLAINE PROCEEDS:
Coming from Senator Of the United
States, this declaration was regarded as
e. ,raordinary. The bad men to whom
Mr. Eimuads referred were the appointees
of President Johnson, and every one of
them had been confirmed BY the Senate OF
the United States when the Republicans
had more than two thirds OF the body. II
these appointees were bad men, why. II
was psrtipently and fOrcibly asked BY the
aOgrieved, did not Mr.. Edmunds submit
nroof of the fact to his Republican Associ-
stes and procure their rejection2 BE knew,
the accused men declared, as much about
their characters when their names we're be
fore the Senste as he knew now when he
sought, behind the protection Of his
privilege, to brand them with intsmy
L. nH in