In addition to what is apparent from a comparison of these two
statutes, it may not be improper to glance at certain phases of
executive and senatorial action since the passage of the law of 1869
as bearing upon the theory that, so far as it dealt with suspensions
and their effect, if it did not amount to a repeal of the law of 1867,
it at least extinguished all its harmful vitality as a limitation of
executive prerogative. It has been stated, apparently by authority,
that President Grant within seven weeks after his inauguration on the
4th of March, 1869, sent to the Senate six hundred and eighty cases of
removals or suspensions, all of which I assume were entirely proper and
justifiable. I cannot tell how many of the cases thus submitted to the
Senate were suspensions, nor how many of them purported to be removals;
nor do I know how many nominations of new officers accompanying them
were confirmed. It appears that ninety-seven of them were withdrawn
before they were acted upon by the Senate; and inasmuch as the law of
1867 was in force during four of the seven weeks within which these
removals and suspensions were submitted, it is barely possible that
these withdrawals were made during the four weeks when the law of 1867
was operative, to await a more convenient season under the law of
1869. Attention should be here called, however, to the dissatisfaction
of President Grant, early in his incumbency, with the complexion of
the situation, even under the repealing and amendatory law of 1869.
In his first annual message to the Congress in December, 1869, he
complained of that statute as “being inconsistent with a faithful
and efficient administration of the Government,” and recommended its
repeal. Perhaps he was led to apprehend that the Senate would claim
under its provisions the power to prevent the President from putting
out of office an undesirable official by suspension. This is indicated
by the following sentence in his message: “What faith can an Executive
put in officials forced upon him, and those, too, whom he has suspended
for reason?” Or it may be possible that he did not then appreciate
how accommodatingly the law might be construed or enforced when the
President and Senate were in political accord. However these things may
be, it is important to observe, in considering the light in which the
law of 1869 came to be regarded by both the Executive and the Senate,
that President Grant did not deem it necessary afterward to renew his
recommendation for its repeal, and that at no time since its enactment
has its existence been permitted to embarrass executive action prior to
the inauguration of a President politically opposed to the majority in
the Senate.
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