ntatives,
by a vote of 138 to 16, passed a bill totally repealing it.
The Senate was unwilling to let go the hold which it had acquired
on the Executive power, but proposed to suspend the law for
one year, so that there might be no obstacle in the path of
General Grant to the removal of the obnoxious officials who
had adhered to Andrew Johnson. So a compromise was agreed
upon. It permitted the President to suspend officers during
the vacation of the Senate, but restored officers so suspended
at the close of the next session, unless, in the meantime,
the advice and consent of the Senate had been obtained to
a removal or the appointment of a successor.
President Grant, in his message of December, 1869, urged
the repeal of this modified act on the ground that--
"It could not have been the intention of the framers of the
Constitution that the Senate should have the power to retain
in office persons placed there by Federal appointment, against
the will of the President. The law is inconsistent with a
faithful and efficient administration of the Government. What
faith can an Executive put in officials forced on him, and
those, too, whom he has suspended for reason? How will such
officials be likely to serve an Administration which they
know does not trust them?"
The House acted on this recommendation, and passed a bill
for the repeal of the statutes of 1867 and 1869 by a vote
of 159 to 25. For this bill the whole Massachusetts delegation,
including Mr. Dawes and myself, voted. It was never acted
on in the Senate. In 1872 a similar bill passed the House
without a division.
The Democratic Party has invariably supported the position
of Madison and Jackson, that the power of removal is vested
by the Constitution in the President, and cannot be controlled
by legislation.
This was the condition of matters when Mr. Cleveland came
into office March 4, 1885. The Revised Statutes, Sections
1767-1772, contained in substance the law as it was left by
the legislation of 1867 and 1869 (Sec. 1767): "Every person
holding any civil office to which he has been or hereafter
may be appointed by and with the consent of the Senate, and
who shall have become duly qualified to act therein, shall
be entitled to hold such office during the term for which
he was appointed, unless sooner removed by and with the advice
and consent of the Senate, or by the appointment, with the
like advice and consent, of a successor, in his place,
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