To this proposition the Senate would not accede, and passed a substitute which the House would not accept. A Committee of Conference reported a modification of the Senate's substitute, which finally became a law, providing that, for the purpose of redeeming and retiring compound-interest notes, the Secretary of the Treasury should issue temporary loan certificates, to the amount of $50,000,000, at a rate of interest not exceeding three per cent. per annum.
While the greater share of the attention of the Thirty-ninth Congress was occupied with efforts to reconstruct the eleven States which had forfeited their rights by rebellion, the Territories of Colorado and Nebraska applied for admission to the Union. Congress voted to admit both, but the President obstructed their entrance with his vetoes. Congress, on reconsideration, admitted Nebraska, the objections of the President to the contrary notwithstanding. Colorado was not so fortunate, since her people had been so unwise as to prejudice their cause by restricting the enjoyment of political rights by ingrafting the word "white" into their fundamental law. By this mistake they forfeited the favor of the "Radicals," who refused to champion their cause against the President. Incidental to this, Congress ordained that political rights should not be restricted in the Territories on account of race or color.
The manifest evils of unrestricted Executive patronage—the bane of American politics—early enlisted the efforts of the Thirty-ninth Congress to provide a remedy. A bill to regulate appointments to and removals from office was introduced by Mr. Henderson into the Senate near the close of the first session, and referred to the Committee on the Judiciary, but never saw the light as an act of Congress.
The President's power of removal and appointment having been unsparingly used during the recess of Congress, the country became convinced that a remedy should be applied which would be effectual for time to come. On the first day of the second session, Mr. Williams brought before the Senate a bill to "regulate the tenure of offices," which was subsequently referred to the joint Committee on Retrenchment. On the 10th of December Mr. Edmunds, chairman of this committee, reported the bill to the Senate, with amendments. In bringing forward the measure, Mr. Edmunds asserted that they were acting in no spirit of hostility to any party or administration whatever, but for "the true republican interest of the country under all administrations, and under the domination of all parties in the growth before the nation in the future." After grave consideration and protracted discussion in both houses of Congress, the bill was passed near the close of the session. On the 2d of March the bill encountered the veto of the President, who saw in the measure serious interference with the ability of the Executive to keep his oath to preserve, protect, and defend the Constitution of the United States. The bill was immediately passed over the veto without debate.
The act thus passed provides that officers appointed by and with the advice and consent of the Senate shall hold their offices until their successors are in like manner appointed and qualified. Members of the Cabinet hold their offices during the term of the President by whom they are appointed, and for one month thereafter, subject to removal by consent of the Senate.
CHAPTER XXIV.
THE PRESIDENT AND CONGRESS.
The President's treatment of the South — First Annual
Message — Mr. Sumner's Criticism — The President
triumphant — He damages his Cause — Humor of Mr. Stevens
— Vetoes overridden — The Question submitted to the People
— Their Verdict — Summary of Vetoes — Impeachment —
Charges by Mr. Ashley — Report of the Committee.
The Thirty-ninth Congress is remarkable for having run its entire career with the constant opposition of the Executive obstructing its progress. In all representative governments, a contest between the executive and the legislative branches of the government has sooner or later arisen, which has invariably ended in the defeat of the former. The hopelessness of the contest on the part of the executive, and the pertinacity with which it has been waged, have given it a mock-heroic character.
During the months which intervened between the death of Abraham Lincoln and the assembling of Congress, Andrew Johnson had ample time to preöccupy the field and intrench himself against what he termed a coördinate branch "hanging on the verge of the Government."