Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-03-02
2, 1886
Rouoott,nn the President.

his week the OeDate suu she 'N
den, Of the United States are to lock
horns, or, rather, the Republican ma
iori,y in that body are going to allow
Mr.. EDMUNDs, 3 disappointed aspirant
to the presidency, to lead them into
dangerous paths. In anticipation OF
the discussion in the Senate, the New
York World gives the acts Of Congress
on this subject ss they now stand. 1t
must be remembered, however, that the
constitutionality of the tenure-of-oifice
act has never been tested in the United
States Supreme Court. Mr.. PUaH,
speaking for the Democrats on the COM
mi,tee, the Republican members of
which adopted Mr.. EDMUNDs's report,
denies that that law is constitutional.
Anyhow the law is as follows. We
quote from the World:
Section 1867 Of the Revised Statutes enti-
ties every civil officer TO hold MS Office
pointed unless sooner removed, by 6nd win
the advice and consent of the Senate, or by
the appointment, with the like advice and
consent OF successor In his place except
rs herein otherwise provided.
section l76s makes the exception:
'tDuripg the recess OF the Senate the Presl-
dent Is authorized in his discretion, 10 Sus.
pepdaDy civil officer appointed Dy ana win
the advice and consent OF the senate. eX.
cent Judges of the courts OF the United
States, uniii the END Of me neTf session Of
ne Se5lafe. and TO designate some suitable
person TO be removed. In his discretion. by
the designation OF another 10 perform me
duties Of such suspended officer IN thc me1d
fine" that is. until Me ead OF the next ses.
sion OF the Senate.
The same section goes on 10 provide that
within thirty days after the session COM
mencts the President shall nominate per-
sons 10 nh all VACANCIES in office which
existed at the meeting or the senate.
whether Temporarily nlled or not, and dtSg
an The place NJ al officers SUSPENDED; and
IL the Senate during such session snail re-
fuse to advise and consent to an appoint
uIent in the place OF any suspended officer.
then. and not otherwise, the President shan
nominate unOfher person as soon as practi-
cable TO the same session OF the Senate for
the Office"
Section 1899 authorizes the President
Ito nil the udcdhcieS which may happen
during the recess OF the senate by reason
of death, or resignation, or expiration OF
term OF Office, by granting commissions
uhich shall expire at fhe end OF their aeri SeS-
sion thereafter. And II no appointment,
by and with the advice and consent OF the
Senate, Is made to an Office so pdcdnf or
Temporarily filled. daring such next session
OF the senate the Office shan remain in
allegiance" until duly filled by and with
the advice OF the Seuafe at q future session.
The reader will see that there may be
two opinions as to one section of the
law,-supposing the law to be con-
stitutional. AS the law reads, it GER
tainly provides that civil officer sus-
pended by the President remains out
Of Office until the end Of the next ses-
sion Of the Senate.
This meaning grows out Of the
words sin the mean time" The
trainers Of the law probably meant
those words to mean until the Senate
shall act upon the case ~; but as the
words stand in the law they mean
"until the Senate adjourns without
day." Thus the law is written; and
the Democrats will claim the benefit of
that maxim.
The Senate is trying to compel Mr..
CLEVELAND to furnish to that body
papers which it has no right to demand.
In word, the Republicans are "boy-
cotting" the President. They are en-
deavoring to compel him to comply with
their unreasonable demands. They are
lsshing him over the shoulders of his
Democratic appointees. Mr.. GooDE is
one Of the victims of this war upon the
President. 1t is not Mr.. GooDE HIM
self that Messrs. EDMUNDs q
Co. are DESTROYS Of annoying. They
attack him because they suppose
the President can be wounded through
his friends. The President does not in
terpose them as shield between him
and his Republican enemies. 1t is his
enemies that are making his appointees
target for their shots. 1t is a warfare
that can result in no good to the coun-
try. 1t ought to result in Democratic
majority in the Senate ready and willing
to support the President.