Year: 1869




ority of Congress for some years appears to
hare been their refuge when the written Con-
stitution Of the country failed to justify or
authorize what they desired to make binding
on all who dared oppose any of their destruc-
tive wishes or desires. While Andrew John
son remained in Office radicalism sustained
this law unanimously, as it served to retain
in Office those who were most violent in out
spoken opposition to the then administration.


We now have another President of their
own choice in whom they profess to have the
largest confidence and the utmost admiration.
Tie has repeatedly expressed his wishes for
the repeal of this law, as he is reported to have
said that " 60 far as he knew, every thief in
the Government employ, and every ring
which is engaged in debauching legislation,
wanted the law to stand as it is.n The law
was passed for no other purpose than to en-
barass President johnson, but the admins
tration has changed, and General Grant finds
that he is not allowed to pursue the dictates
of his own desires because ''every thief and
ring' in the Government employ, desire that
he shall be deprived of the power to make re-
movals from Office. Those who are now en-
joying federal office desire that this law
may be retained in the statute book, but
those who aro-out and desire to get in are
using every effort for its repeal. We find
Senators and Congressman who were the
first to propose and the most ready to enact
this law, are now denouncing it, and imply if
they do not say so, that it never should have
been passed. From present indications it
would appear that the members of the lower
house of Congress, did not see at the time of
its passage that they were transferring their
right to propose nominations, TO the Senators.
But that was the effect in passing such a law,
as no person can be removed from Office with
out the consent of the Senate. The House of
Representatives, acting upon the wishes of
General Grant, and desiring to take back the
privilege granted to the Senate, have voted
to repeal the law, and in doing so undoubted-
ly reflect the wishes of large majority of the
people.


But in the Senate it is otherwise, Senators
do not seem willing to relinquish the /" divis-
ion of plunder" which is secured to them by
peal taken by the House, the Judiciary Com
mttee of the Senate report what they think
should be done, and their report was adopted
by vote of 81 to Is, which gives the Presi-
dent power to remove his Cabinet and other
civil officers during the session of the Senate
without giving a reason, providing thc Senate
fill the eacancies; and during the recess. the
President may suspend and appoint to Office
until the end of the next session. Within
thirty days after the commencement OF the
session he shall report these suspensions to
the Senate. and if that body. by direct affirm
ative vote refuse to concur, the suspended
officers shall be reinstated. One of the Sem
ators while discussing the reuort, said 1t pre-
sented the shadow rather than the substance
of the Tenure-of-Ofice Act. 1t was merely a
bad photograph of dead body thereby i'm
plving that the original cause for the law does
not not now exist. and hence that 1t should
he a dead letter. Others look upon retaining
the law as an insult to the people; that the
House of Representatives and the President
are Thus required to acquiesce IN the s1prem-
acv of the Senate.


Last Thursday the House took up this Sen
ate amendment to their former action OF
reneal, when the immediate friends OF the
President, and those whose distribution OF
natronaee had been disturbed by this law,
ventilated the struggle for power between the
Executive and the Senate. 1t was there de-
clared that the law was made originally for a
special purpose. That the Senate had deter


Il tko in hands.
that the amendment was worse than the
bill in its original form. The Senate was de-
clared 10 be an irresponsible body, that such
were dangerous. 4 motion was made to add
an instruction to the Committee TO report a
nrovision under whirh the coustitutonality OF
the Tenure Act could be determined by the
Sunreme Court 1t was moved to amend the
hill by proviso that all civil officers, except
Judges of United States Courts filled by ap-
naintment of the President hv and with the
advice and consen, of the Senate before March
4th 1869. shall become vacant on the 5uth OF
,Jure 1869 the bill and this amendment were
referred 70 the Committee on the Judiciary.


This conflict for power now gong on be-
,ween the different branches of the Govern
ment is undoubtedly interesting to office
seeking and would d-he-ofhce-disposing persons,
but il presents a sorry picture for the glory
of renuhlican institutions 10 see the talent,
wealth and power of the country engaged IN
disreputable quarrel over the manner OF
distributing the ''spoils." The Congressman
6nds he cannot fulfill his promise made dur
ing the las, campaign, to place his friend in
office. unless the Tenure Act is repeated.
Ths senator cannot keep his favorite in office
if i is repealed. and there tue matter stands
The President has expressed his opinion. and
desires to be placed in such a position that he
may be able to preserve the public service e, nc
from incompeteucy and rascality. Until the
two hcdies agree upon q repeal, little can be
dene in the way Of improving the civil service
of the country. There is not sound arcu-
men, that can be brought in favor OF retain
ing this law, the radical Senators oy ine,r
action show either that they have not conf
dence in their President, or that they are
ac,nated hy motives that men occupying their
exalted positions should scorn. The law was
has nronoted corruption during its whole ex-
| 800. an3 ;s destined to produce disorder