These pledges were not made without a full appreciation of the
difficulties and perplexities that would follow in their train. It
was anticipated that party associates would expect, notwithstanding
Executive pledges made in advance, that there would be a speedy and
liberal distribution among them of the offices from which they had been
inexorably excluded for nearly a quarter of a century. It was plainly
seen that many party friends would be disappointed, that personal
friends would be alienated, and that the charge of ingratitude, the
most distressing and painful of all accusations, would find abundant
voice. Nor were the difficulties overlooked that would sometimes
accompany a consistent and just attempt to determine the cases in
which incumbents in office had forfeited their claim to retention. That
such cases were numerous, no one with the slightest claim to sincerity
could for a moment deny.
With all these things in full view, and with an alternative of escape
in sight through an evasion of pledges, it was stubbornly determined
by the new Executive that the practical enforcement of the principle
involved was worth all the sacrifices which were anticipated. And while
it was not expected that the Senate, which was the only stronghold left
to the party politically opposed to the President, would contribute an
ugly dispute to a situation already sufficiently troublesome, I am in a
position to say that even such a contingency, if early made manifest,
would have been contemplated with all possible fortitude.
The Tenure of Office act, it will be remembered, was passed in 1867 for
the express purpose of preventing removals from office by President
Johnson, between whom and the Congress a quarrel at that time raged, so
bitter that it was regarded by sober and thoughtful men as a national
affliction, if not a scandal.
An amusing story is told of a legislator who, endeavoring to persuade
a friend and colleague to aid him in the passage of a certain measure
in which he was personally interested, met the remark that his bill
was unconstitutional with the exclamation, “What does the Constitution
amount to between friends?” It would be unseemly to suggest that in the
heat of strife the majority in Congress had deliberately determined to
pass an unconstitutional law, but they evidently had reached the point
where they considered that what seemed to them the public interest and
safety justified them, whatever the risk might be, in setting aside
the congressional construction given to the Constitution seventy-eight
years before.
Public-domain text, read in full here on John Shaqi.
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