The Montana post., 1869-04-09
TENURE.

BN the amendment 10 the tenure of
Office Law. two purposes of the repeal
osrty are accomplished, viz. 1st, The
President may suspend Cabinet or other
officers, except Judges. at will. without
giving any reasons therefor. 2d. The
power of the Senate, whereby sus-
pended officer might be reins;ated
through it's independent action, is with
drawn. The Tenure Law as il did
exist, provided that all officers appolnt-
ed and confirmed should hO.d those Of
icers until a successor was in like man-
aer qualified. and If suspended il must
DC upon specified charges, which if dis
approved by the Senate, either directly
Jr passively. he was reinstated. Now,
lis suspension does not make uacancy
IA fact, but is virtual removal, as il re-
Guires a denomination by the President
and confirmation by the Senate tn make
him again an officer. but the appointee
"a his place is only an dd interim officer,
until he is confirmed by the Senate.
The point retained 10y the Senate is,
hat during a recess OF the Senate the
President cannet make vacancies. aud
sntil confirmed by them the officers are
only temporary appointees' This is
more important than might seem at
irst glance. The Constitution provides
the President shall have power TO fill
AZ all vacancies TINT may happen during
:. recess of the Senate by granting COM
missions which shall expire at the end
Ut the next session but the President
~ this cannot make vacancies and is
-equircd to send in his nominations of
sd interim or other officers within thir>
~ days after the meeting of the Senate,
when. il they are rejected they cease To-
oe officers, and he must nominate per~
,Ons TO such other offices rs he desires
illed during the session or the offices re-
main vacant. This devolves the entire
responsibility ot keeping bad men in
office upon the President by giving him
uncontrolled power of suspension du-
ring vacation. An evil disposed Presi-
dent might possibly eVade this section
oy refusing 10 nominate and then reap~
pointing the same person during recess,
but the Senate holds a counter check by
It's power 10 remain in session indehnite-
v. 1t may be the golden mean, the
most desirable solution of the yexed ques
lion, but IL seems To us a forced sacrifice
NJ n great principle. By the terms of
his commission, an officer is made and
appointed such for n certain length of
slime. lt is the concurrent work of the
President and Senate, but by this the
President can cut his official throat, at
ais own sweet will, and the Senate has
40 voice in the matter. If they together
create, they together only should de-
stroy-
Besides an officer is appointed for a
certain term of months or years. subject
Il tras to removal. Ia upon the inn
olied agreement that unless removed
ior good cause he shall hold his office
during the term. Under a syetem that
has grown up in our government a po>
iitical change in the administration is
equivalent 10 a change in officials. Even
IL we admit this proper. there re-
mains between each such change at
least tour years, during which the re-
movsl of an officer without cause shown
and whose term is unexpired, seems to
rs a moral violation of the tacit agrees
5nent between the two contracting pars
ties, and calculated TO impair the effic>
iency of the service. 1t makes the re-
tention of office a question of political or
personal influence in the departments.
rather than the faithful performance of
duty.
The present sy stem will eventually
accessitate and lead To the adoption in
this country of civil service system,
approximatiDg TO that projected by
Jenckes. and which has it's successful
precedents in our own military and naval
service. and In the civil service of other
governments.