The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-12-04

var. and civil war must be resor-
ed to only as the last remedy for the worst
If evils. Whatever might tend to pro-
roke it should be most carefully avoided.
A faithful and conscientious magistrate
win coacede very much 70 honest error and
even to perserse malice, before
be will endanger the public peace; and he
will not adopt forcible measures, or such as
might lead to force, so long as the chances
which are peaceable remain open to him or
to his constituents. 1t is true that cases
may occur in which the executive would be |
to stand on its rights and main,
tain them regardless of consequences. II
congress should pass an act which ls not
only in pslpable conflict with the constitu-
ton, but viii certainly, if carried out, produce
and irreparable injury to the
organic structure of the government, and
if there be neither judicial remedy for the
wrong il inficts or power in the people to
protect themselves without the official aid of
their elected defender; if, for instance, the
legislative department should pass IAN
act, even through oil the forms
of law, to abolish "a coordinate
department Of the governmental such
q case the president must take the high re-
sponsibiity Of his office and save the life OF
the nation, at all hazards.
- The so-called reconstruction acts, though
las plainly unconstitutionntasa any that can
be imagined, were not believed to be within
the class mentioned. The people were not
wholly disarrned of the power of self defence
In ali the northern states they stih held an
their hands the sacred right of the ballot, and
il was safe TO believe that, in due time, they
would come to the rescue of their own in
situations. Ii eives me pleasure TO add that
the appAaI to our common constituents was
not taken in vain, and that nay confidence IN
their wisdom and virtue seems n Ut To have
been misplaced. W.. .'
FRAUDS ON THE TREAsURy-TENURE OF OF
. re- FIcE BILL. uEF
1t is well and publicly known that enor-
nous frauds have been perpetrated on the
treasury, and that considerable fortunes have
been made at the pnblic expense. Th.s
species of corruption has increased. Is in
ereasing, and, If not diminish ed, will soon
bring US into total ruin and disgrace. The pub
lie creditors and tax-pa yers are alike interested
in an honest administration OF the finances,
and neither class will long endure the large
handed robberes of the recent past. For
this discreditable state of things there are
several causes: Some of the taxes are so
1 Ialu as 10 pFeStUt Ill ifTcSiStstbft
| to eyade payment. The great sums which
officers may obtain, by connivance at fraud,
create q tressAre which IS N ore ihan the
| virtue of many can withstand; and there can
be no doubt that the open disregard of con
stitutional obligations avowed by some OF
| the highest and most influential men in the
country has greatly weakened the moral
! sense of those who serve in subordinate
| places The expences of the United States
| inclu ding the interest on the public debt
are more than six times as much
as they were seyen years ago
| To collect and disburse this vast amount
| requires careful supervision, as we'll as sys
| 10 nratic vigilance. Our system. never per
| facted- WAS .,ash disorgahized by the tenure
| of-otfice bill which has almost destroyed Off
I eial accountability. The President may b.
Thoroughly convinced that an ofhceris incapa
bic, dishonest or unfaithful to the constitu
| ton but, under the law which have named
his utmost power is to complain to the sen
ate, and ask the privilege Of supplying hi
| place with better man. If the senate bt
| regarded as personally or politically hostile
to the President, IT IS natural, and not alto
gether unreasonable, for that officer to ex
pect that it viii take his part as far as posi-
bic, restore him to his place, and give him ,
triumph over his executive superior officer
He has other chances of IMMUNITY, arising
from accidental defects of evidence, the
mode of investigating and the secrecy of tn,
hearing. 1t is not wonderful that offcia
malfeaSance should become bold in proper
ton as delinquents learn to think themselve:
| safe lam entirely persuaded that, unde
such rule, the President cannot perform
the great duty assigned to him of seeing
the laws faithfully executed ; and that it dis
ables him most especially from enforcin.
that rigid accountability which is necessar
to the due execution of the revenue laws
The constitution invests the President witt
authority to decide whether removal shall
be made in any given case /; the act of con
| gress declares in substance that he shall onl
suspend such rs he supposes to be nnworth,
of their trust. The constitution makes hin
the sole judge in the premises; but the statut,
takes away his jurisdiction, transfers it Il
| the senate, and leaves him nothing but the
| odious, and sometimes impracticable, duty @
becoming prosecutor. The prosecutor j:
| 10 b. conducted before tribunal whose
members are not, like him, responsible tt
the whole people, but to separate constituen
bodies, end may hear his accusation will
great disfavor. The senate is absolutely
| without any known standard of decision APP
plicable to such case. Its judgment can
not be anticipated for il is not governed b,
any rule The law does not define wha
shall be deemed a good cause for removal. ]
is impossible even 10 conjecture what may o.
may not be SO considered by the senate. Thu
nature of the subject forbids clear proof. |
the charge be incapability, what evidene,
will supportit? Fidelity to the constitution
may be understood or misunderstood in 1
thousand different ways; and by violen
party men, in violent party times, unfaith
fulness to the constitution may even com
to be considered meritorious. If an office
be accused of dishonesty, how shall it b,
made out? Will it be inferred from act
unconnected with public duty, from privat
history, or from general reputation or mus
the President await the commission of al
actual misdemeanor in Office? Shall he, il
the meantime, risk the character and inter
ests of the nation in the hands of men +
whom he cannot give his confidence? Mus
be forbear his complaint until mischief
done and cannot be prevented? If his yea
in the public service should impel him t
anticipate an overt act, must he move ut tn
peril of being tried himself for the offenc
of slandering his subordinates?
In the present circumstances of the cour
try, some one must be held responsible 70
official delinquency of every kind. 1t is eS
tremely difficult to say where that responsible
ity should be thrown, if it be not left where
has been placed by the constitution. Blu
all Just men will admit that the Presiden
ought to be entirely relieved from such RI
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