The Montana post., 1869-03-26
TO he MODIFIED

The indications are, that the tenure
of Office law will be modified by amend
ments but neither repealed or sus>
pended. This is as il should be. The
essential qualities of that law are in
strict harmony with the Constitution,
letter and spirit, and in consonance with
the principles of democratic govern
ment. The Legislative and Executive
branches are not independent but CO.
ordinate in the creation of officers as
well as in the creation of treaties and
laws. The President can only by the
constitution appoint officers 6y and
toith the ddoice and consent Of The Senate,
except when Congress empowers HIM or
the courts of law, or the heads of de-
partments. When officers are impeached
the Senate is the High Court that tries
them. Thus, il is seen, If there is any
precedence in power It is with Congress,
not the President. 1t is a part of
the creative power why then has the
President the right to destroy without
shown cause or the consent OF the other.
We hoid that every assumption by the
President in this direction is move to-
ward absolutism, and this Tenure of Of
fee bulwark was not erected a day too
soon. As governments tend to central-
izatiop of power in one man, just so far
they drift away from the moorings of
Republicanism. The government may
not be less strong, but the principles of
il are changed Just to the extent that
one branch encroaches on the other. A
Republican government can do without
a President, and an absolutism without
a Congress. but a Republic has its safe
ty in its Congress. President Jackson
was the first Executive TO encroach on
the prerogatives of the Senate. He was
a good President with Congress, but
he would have been a better despot
without one. Believing our form of
government superior to all others we
like TO see our legislators jealous and
tenacious of every right and privilege
they are endowed with, and hail their
adhesion 10 the main principles of the
Tenure law.
Witha1, the law although a general
one, was partially enacted for specific
and abstract purpose, under pfovoca-
tions and threatenings that are appa-
rent in it's defensive features. 1t is sus-
ceptible of notifications, demonstrated
to be desirable by it's workings. Amend
ments relaxing its stringency. in some
respects, and circumscribing its scope in
others, can be made, without impairing
it's virtue.
BY the 1st section, Mr. Johnson's Cab
met could not have been removed with
ont the consent of the Senate for one
rconth after Grants incumbency, nor
can Grant remove any of his present
Cabinet during his term without the con-
sent of the Senate. In the choice of
heads of Departments, the personal adj
visers of the President, he should be al
lowed all possible latitude, as he is held
personally responsible for their action.
The 2d section provides that officers,
except Judges. may be suspended by the
President, during recess of the Senate,
but not removed, until the Senate con-
venes. This we infer is what the Presi~
dent desires repealed. Grant doubtless
would act as wisely as the Senate, but
this proviso is the life and vitality of
the law. II it is repealed, the remain
der is an empty nothing. .,..... 80.
Sec. 3 limits the appointing power to
filling vacancies occasioned by. death or
resignation during recess, the commits
sions TO expire at the next session. He
cannot make vacancies by removal.
This is plainly the intent of the Consti-
tuition by the words che shall have
power to I'll up all vacancies that may
happen" These are the main features
of the law the remaining sections spe-
citying the penalties of violation and
regulating proceedings under the act.
With 1t in force, the President is natu-
rally more cautious in making appoint-
ments than If it were repealed, as IL re-
quires the acquiescence of another
party to succeed them If they prove in
judicious, but it is better TO go slow and
sure than to be hasty and tall. We can
conceive how either a good or bad Pres
ident would wish these restrictions re-
moved, but we cannot conceive that 10
would be for the good of the Republic.
II is not wisdom TO tear down the walls |
Of rich city, even in times of peace,
but the gates may be opened.