第29章 THE TENURE-OF-OFFICE ACT.(1)

ITS HISTORY AND PURPOSE--THE PRESIDENTS VETO MESSAGE.

Mr. Johnson's alleged violation of the act of Congress known as the Tenure-of-Office Act, constituted the ostensible basis of his impeachment in 1868. As stated, it had been passed for the purpose of restricting the power of the President over Executive appointments. That Act, therefore, becomes a very important and conspicuous incident in the impeachment affair, as its alleged violation constituted the only material accusation, set out in various forms, in the entire list of charges.

The proceedings had on the passage of that bill are inserted at some length here, as a technical knowledge of its history, character and purpose, is essential to a correct apprehension of the controversy that had arisen between the President and Congress.

The Tenure-of-Office bill was introduced in the Senate by Mr.

Williams, of Oregon, Dec. 3rd, 1866, and on the 5th was referred to the Committee on Retrenchment. On the 10th Mr. Edmunds, in the name of the committee, reported it back to the Senate with the following remarks:

The joint select Committee on Retrenchment, to whom was referred the bill to regulate the tenure of offices, have had the same under consideration, and have instructed me to report the bill back, with a recommendation of certain amendments, which being adopted, the committee are of the opinion that the bill ought to pass. I beg leave to say in connection with this report that we have reported this bill and these amendments regulating removals from office and appointments to office so far as concerns officers whose nominations require the confirmation of the Senate, and have adopted what appears to us to be a feasible scheme in that respect, in no spirit of hostility to any party or administration whatever, but in what we conceive to be the true Republican interest of the country, under all administrations, under the domination of all parties in the growth which is before us in the future; and in that spirit I shall ask the attention of the Senate to the bill when it comes to be considered. I move that the amendment be printed, and that the bill be made the special order for Thursday next, at one o'clock.

On the 10th of January, 1867, on motion of Mr. Edmunds, the bill was taken up for consideration. As the first section of the bill was the only portion over which there was any serious controversy, or pertinent to this recital, only that section is produced here. It is as follows:

That every person (excepting the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster General, and the Attorney General), holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is, and shall be, entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided.

Mr. Howe objected to the exception of the Cabinet officers from the operation of the bill, and Mr. Edmunds responded that:

It did seem to the Committee, after a great deal of consultation and reflection, that it was right and just that the Chief Executive of the Nation, in selecting these named Secretaries, who, by law, and by the practice of the country, and officers analogous to whom by the practice of all other countries, are the confidential advisers of the Executive respecting the administration of all his Departments, should be persons who were personally agreeable to him, in whom he could place entire confidence and reliance, and that whenever it should seem to him that the state of relations, between him and any of them had become such as to render this relation of confidence and trust and personal esteem inharmonious, HE SHOULD IN SUCH CASE BEALLOWED TO DISPENSE WITH THE SERVICES OF THAT OFFICER IN VACATIONAND HAVE SOME OTHER PERSON ACT IN HIS STEAD. We thought that so much discretion, so much confidence, so much respect ought to be properly attributed to the Chief Magistrate of the Nation. It may happen that at some particular time--some people may suppose that it has happened now--the Chief Magistrate for the time being ought not to be invested with such powers; but the Committee have recommended the adoption of this rule respecting the tenure-of-office as a permanent and systematic, and as they believe, an appropriate regulation of the Government for all administrations and for all time; and it did appear to them (whether the reason may command itself to the Senate or not), that it was just to the Executive, and on the whole best for the interest of the Nation, that he should be allowed during a recess of the Senate to change his confidential advisers if it should appear to him to be fit, subject to that general responsibility which every officer must be held to the public and to the Senate when they meet again.

Mr. Williams said:

I prepared the original bill in this case, which contains in different words the exception contained in the amendment reported by the Committee. I do not regard the exception as of any real practical consequence, because I suppose if the President and any head of a Department should disagree so as to make their relations unpleasant, and the President should signify a desire that the head of a Department retire from the Cabinet, THAT WOULDFOLLOW WITHOUT ANY POSITIVE ACT OF REMOVAL ON THE PART OF THEPRESIDENT.

Mr. Fessenden said: