I desire to call attention to one other incident connected with the
occurrences already narrated. On the 14th of December, 1885,--prior to
the first request or demand upon any executive department relating
to suspensions, and of course before any controversy upon the subject
arose,--a bill was introduced in the Senate by one of the most
distinguished and able members of the majority in that body, and also
a member of its Committee on the Judiciary, for the total and complete
repeal of the law of 1869, which, it will be remembered, furnished the
basis for the contention we have considered. This repealing bill was
referred to the Senate Committee on the Judiciary, where it slumbered
until the 21st of June, 1886,--nearly three months after the close of
the contention,--when it was returned to the Senate with a favorable
report, the chairman of the committee alone dissenting. When the bill
was presented for discussion, the Senator who introduced it explained
its object as follows:
This bill repeals what is left of what is called the Tenure of
Office act, passed under the administration of Andrew Johnson,
and as a part of the contest with that President. It leaves
the law as it was from the beginning of the Government until
that time, and it repeals the provision which authorizes the
suspension of civil officers and requires the submission of
that suspension to the Senate.
On a later day, in discussing the bill, he said, after referring to the
early date of its introduction:
It did not seem to me to be quite becoming to ask the Senate to
deal with this general question while the question which arose
between the President and the Senate as to the interpretation
and administration of the existing law was pending. I thought
as a party man that I had hardly the right to interfere with
the matter which was under the special charge of my honorable
friend from Vermont, by challenging a debate upon the general
subject from a different point of view. This question has
subsided and is past, and it seems to me now proper to ask the
Senate to vote upon the question whether it will return to the
ancient policy of the Government, to the rule of public conduct
which existed from 1789 until 1867, and which has practically
existed, notwithstanding the condition of the statute-book,
since the accession to power of General Grant on the 4th of
March, 1869.
The personnel of the committee which reported favorably upon this
repealing bill had not been changed since all the members of it
politically affiliating with the majority in the Senate joined in
recommending the accusatory report and resolutions, which, when
adopted, after sharp and irritating discussion, caused the question
between the President and the Senate, in the language of the introducer
of the repealing bill, to “subside.”
Public-domain text, read in full here on John Shaqi.
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