The Montana post., 1868-12-25
PRRSIDENT BUT NOT SOyp
REIGN.
THE CAPIroL ELL pr


Under the caption Shall We have,
President :" the Gazettc declares ffssls
on principle. opposed TO the Tenure, q.
office act and the bills deprivine III.
President Of his Constitutional rights.
Commander-in-chie "i the Army ant
Navy If the United States The ass,
tion that ilrr uneous;jtuJiouaIity Oh
these acts Is tacitly admitted by R-ps
can papers. - perversion Of facts T.
might have been sufficient 70 adult
hal .And re " johnson lAo ught the pof1,.
to issue i'm the Supreme Court motor,
ousiy in sympathy with him, and -,
cured decision to that effect. Il would
be assuming good deal should the Re-,
publican denounce "a uucunsJitu,iors
the laws OF the land before they la
been 50 decided hy the judiciary. Tbs,
lofty patriotism and constitutional PEP
spicuity is Ief; To the guileless. patrio,e
democratic party. which has scarce shus
fled off its Confederate gray The Ten
ure OF Office and some other acts were
it is true. born ot necessity. 20 clH
JoLnson's second Rebellion. bat thatk
not evidence of either ancnnstituJion,>
ity. inexPediency or wrong. The spit,
of Republican institutions is opposed &
a Capitalization of power in one man
and 80 democracy except that hideou,
80 called burlesque ON parties now assu
ming that name in the United States.
would endorse the efforts made TO cIotLe
Andrew johnson in the gray robes o.
Dictator. We believe an amendment %
the Tenure of Office Act whereby tLe
President may have arbitrary power -
removal over his Cabinet officers, who
constitute his administration. and ,r
whose actions he is held responsible
would, under ordinary circumstances b.
deemed right, but no farther The spir'
ot the Tenure Of office act is right, b.
the President whom he may. Fifty yvars
ago ihere were less than 5000 Fedora
officials, now there are over $4,000 and
the amount of salary paid TO civilian
officers alone exceeds thirty million
dollars yer annum II is too dang,
erous power to place exclusively IN the
hands of the President looking To the
formation of combinations. and the az.
eregation OF strength 10 secure his re
election, or the success OF his friends
The Constitution expresses the control
of the Senate in the making of all treat
les aud ppointments not specially pro-
vided for in that Instrument. The
President may only name 10 the Senate
the persons he desires appointed, and
then, "by and with the advice and con.
sent of the Senate. shall appoin,
Ambassadors. etc. Cong ress has also
power, if they think proper. to vest
appointments in subordinate authorizes
in which the President has no voice
Considering these facts. is il not absurd
To presume that while the President
may not create, he has unlimited power
to destroy Even the authority grant
ed him to fill vacancies occurring dur
ing.a recess OF the Senate is limited By
the expiration of such appointment
during the next session of the Senate
and this is exempllfied in Montana by
the expiration of the appointment Of
Major Cullen as Superintendent of In,
dian Affairs after the session of July
last. simply because the Senate took nc
action upon it. These are all constitu>
tional points. Upon their spirit and in.
tent the Tenure of Office Act was passed
and became law. Ii provides that an
officer duly appointed aud confirmed
shall hold his office until his successor
shall be in like manner appointed and
confirmed, unless in case of death OF
resignation, when the President ap-
points a successor or unless "duringa
recess of the Senate he shall be shown,
by evidence satisfactory to the Prssi'
dent, to be guilty of misconduct OF
crime, or for any reason shall become
incapable or legally disqualified to per
form its functions, in such case, and no
other. the President may suspend such
officer, and designate some suitabl, per
son to perform temporarily the duties
of such Office until the next meeting Of
| the Senate" -.r r ...
Then the President shows cause TO tAe
Senate for such suspension. If concur
red in he is removed, if not he is rein
stated and serves the remainder of bis
term, the salary, fees, etc, going to the
al interim official. This is the gist OF
the act. With Washington, JEFF Davis,
Grant or Brick Pomeroy for President
We believe in it's general principles as in
consonance with our institutions, the
1artnr nnI l..-;. 20 u C,......i,n q