This was the condition of the so-called tenure of office legislation
when a Democratic President was inaugurated and placed in expected
coöperation with a Republican majority in the Senate--well drilled,
well organized, with partizanship enough at least to insure against
indifference to party advantage, and perhaps with here and there a
trace of post-election irritation.
Whatever may be said as to the constitutionality of the Tenure of
Office laws of 1867 and 1869, certainly the latter statute did not
seem, in outside appearance, to be charged with explosive material
that endangered Executive prerogative. It grew out of a bill for
the absolute and unconditional repeal of the law of 1867 relating
to removals and suspensions. This bill originated in the House of
Representatives, and passed that body so nearly unanimously that
only sixteen votes were recorded against it. In the Senate, however,
amendments were proposed, which being rejected by the House, a
committee of conference was appointed to adjust, by compromise if
possible, the controversy between the two bodies. This resulted in an
agreement by the committee upon the provisions of the law of 1869,
as a settlement of the difficulty. In the debate in the House of
Representatives on the report of the committee, great uncertainty and
differences of opinion were developed as to its meaning and effect.
Even the House conferees differed in their explanation of it. Members
were assured that the proposed modifications of the law of 1867, if
adopted, would amount to its complete repeal; and it was also asserted
with equal confidence that some of its objectionable limitations upon
executive authority would still remain in force. In this state of
confusion and doubt the House of Representatives, which a few days
before had passed a measure for unconditional repeal, with only sixteen
votes against it, adopted the report of the conference committee with
sixty-seven votes in the negative.
So far as removals following suspensions are concerned, the language of
the law of 1869 certainly seems to justify the understanding that in
this particular it virtually repealed the existing statute.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account