SENATE.] Mr. Foot's Resolution. The [MAY 20, 1830. accrued, or would accrue, to the 30th of September then one dollar and twenty-five cents per acre. From some of next; and a further provision allowed a discount or de- the largest land districts no sales have been made, and no duction of thirty-seven and a half per cent. upon all com- returns were received. These added, will probably plete and full payments made before the 30th September increase the amount to more than eighty millions. next ensuing; and, by subsequent acts, these privileges quantity of land sold is estimated at about twenty millions; and facilities have been extended to the 10th April, 1825, appropriated for education, military bounties, improveand virtually extended by an act passed this session.ments in roads and canals, &c. twenty millions of acres, Several other liberal provisions are included in this act, making one hundred and twenty millions of acres, and but it is not necessary to enumerate them for my purpose, leaving about thirty millions already surveyed, which have except the tenth section, which provides that "no land not yet been exposed to sale. The land surveyed presurrendered under this act shall be offered for sale for vious to 1828 was one hundred and thirty-eight millions. the term of two years after the surrender;" allowing in The above estimate allows twelve millions of acres to fact two years more for the benefit of the purchaser. Sir, have been surveyed within the last two years, making the this act was received with much satisfaction by the pur- whole quantity of lands surveyed one hundred and fifty chasers of public lands, and considered by all as an act, millions of acres; from which, deducting the quantity not only of justice merely, but of great liberality to the sold, and that which has been appropriated by Congress debtors; for the public lands, notwithstanding the ungra- for education, roads, &c. forty millions, will leave one cious charges which have been made by certain members hundred and ten millions now surveyed and undisposed of, of both Houses of Congress within a few years, and by eighty millions in market for sale, and subject to entry at the Senator [Mr. BENTON] during the present session, in the minimum price, and thirty millions ready to be which he boldly declares that nothing has been done brought into market at any moment to meet the demand. for the West;" that, in all the appropriations for internal To this may be added a considerable portion of the lands improvements, only about "seventy thousand dollars had which have been appropriated by Congress; for it is but been for the benefit of the West." Sir, the appropria- fair to presume that no greater portion of these lands tions, in land only, for the benefit of the Western States, has been sold to actual settlers, than of the lands in the according to a return from the department, in answer to hands of the Government. Taking this basis of compua resolution of mine, amounts to a sum exceeding ten mil- tation, it appears that thirty millions more must be added; lions of dollars; the land being valued at the minimum add, also, the quantity of lands in the hands of speculaprice of one dollar and twenty-five cents per acre. No tors and land companies, and the original purchasers, complaint is made of this. My own vote will be found in which have never been occupied, and we may safely estifavor of as many of these appropriations as in my opinion mate the quantity of wild lands now in market for sale to sound policy and our power under the constitution would actual settlers, at one hundred and twenty millions of permit. And it may be well suspected, from the course acres. Indeed, the Senator seemed much alarmed beof this debate, that the very liberal provisions of our laws, cause lands were offered for sale in Maine. for the benefit of the new States, have been made the] The Commissioner of the Land Office estimates the defoundation of the ungrateful insinuations and direct mand for land at one million acres annually. The annual sales charges of hostility to the West. An ungrateful heart is for forty years, since the public lands have been offered never satisfied, or won by the increase of favors-"the for sale, have scarcely averaged half a million of acres more you give, the more you may," is often exemplified, per annum, notwithstanding the great rage for land speand the greatest favors are too often repaid by the gross-culation during some portion of that period; and it is to est ingratitude. This charge is by no means intended for be presumed that more than this quantity is needed to inthe West generally; the West is high-minded, honorable, duce emigration of actual settlers to the West. Probably brave, and magnanimous; but she has some unworthy sons. not one-half of the lands already sold are in the hands of But really, if it has come to this, that we may not even actual settlers, although some have been sold by the Unitinquire whether our system needs revision, without being ed States more than forty years. There is no doubt the told "it is not a proper subject of inquiry," that it is limitation of sales of the public lands contemplated by the time to make a stand, to face about, and to fight a deci- resolution will discourage speculators and others who sive battle for the West, with war to the knife, and the look more to their own interest than the public weal, and knife to the hilt,'" for one, I was ready to meet this terri- from them opposition is to be expected. I ask the attenble crisis. It was best to meet it at once, and not wait tion of the Senate particularly to this part of the discusfor the time of which we have been forewarned, that, “assion; and, if my positions are incorrect, the Senators from soon as they get strength, they will take the public do- those States in which the lands lie will correct me. My main, without asking the consent of Congress!" And, if opinion is, that neither the interests of the United it is seriously claimed that the public lands are the pro-States, nor the best interests of the new States, will perty of the States in which they lie, why are we called be promoted by forcing such immense quantities of pubupon every year for an appropriation for the expense of lic lands into the market. It will not be denied that surveys of the public lands? Do these States claim the the quantity now in market is amply sufficient to meet the lands as their own, and require us to survey them? It be- demand for actual settlers for half a century. But the comes a question of some importance, whether we shall Senator from Missouri [Mr. BENTON] has told us these go on surveying lands at an expense of sixty or eighty one hundred and twenty millions of acres are “scraps— thousand dollars a year, or abolish both the surveyors' offi- mere refuse--the leavings of repeated sales and pickings ces and the land offices. The Commissioner of the Land--the crumbs that remain after others are served." If Office has recommended that the number be reduced. the statement of the Senator be correct, it certainly preI will now come directly to the question, and give the sents a very different picture of the allurements and fasreasons why, in my opinion, the sales of the public lands cinations of the West--" the Garden of the World"-from ought to be limited, in the manner proposed in the reso- the one which has been held up to the emigrant. Are lution. It must be admitted, the land now in market, these the "rich bottoms"--the fertile regions-the "inand subject to entry at private sale, at the minimum price, exhaustible depth of soil," of which we have so often is more than sufficient for the demand for many years to heard? In one hundred and fifty millions of acres, has come. From the report of the Commissioner of the Gene- there been found but twenty millions fit for cultivation? ral Land Office, to which I referred in offering the reso- and is the remainder mere refuse? In what way does the lution, more than seventy-two millions of acres were un-Senator expect to sustain the dense population which his sold, which were subject to entry at the minimum price of imagination but a few years since discovered "reposing MAY 20, 1830.] Mr. Foot's Resolution. [SENATE. on the bosom of the mother Earth, in the Valley of the welkin rings" with the cry of "horrible Indian outrages;" Mississippi and the Western States?" the military force is called out, and the depredations of the But, let us strip off the drapery thrown around-this sub-whites upon this miserable remnant of a noble race is made ject, and examine it minutely. Howave these sales the occasion for destroying perhaps a whole tribe, "vastly been effected? A large quantity of land is surveyed, on more sinned against than sinning;" or a bill is introduced the application of squatters and speculators-the Presi- into Congress, for thirty or forty thousand dollars to pay dent issues his proclamation, that on a future day this for damages done by the Indians. The history of our Inland will be exposed to public sale. Does any one be-dian wars will show that most of these wars have been lieve that the actual settler attends these sales? I beg the produced by unlawful encroachments upon the Indians; attention of Senators, who must know the facts better and it would seem that the cupidity of our people will than myself. Is there not a combination immediately form- never be satisfied while the Indians possess an acre of ed among the companies of speculators? and are not the land which is thought to be better than the lands in our most choice lands selected by them, and purchased at the possession, or in which valuable minerals have been disminimum price? for our sales for several years prove that covered by squatters or trappers and hunters. the minimum price only is obtained; and if the minimum The disposal of the public lands has been, in this way, price was ten cents the acre, would not the small part, absolutely wrested from the Government, and monopoand of the choicest land, sold at public sale, be sold at lized by speculators and squatters; the land system is virten cents? Dare the actual settlers attempt to bid upon tually broken down, and we are gravely told, "it is best these "purse-proud companies and land speculators" I for us it should be so," and nothing remains for us but to acknowledge my obligation to Senators living in those give the squatters pre-emption rights; and, instead of States, and conversant with the subject, for this idea, and legislating for them, we are to legislate after them, in full expression. The Senator has told you the West is "his pursuit to the Rocky Mountains, or to the Pacific Ocean. country, not mine; he knows it, I do not." But, I Your system of cash sales is destroyed, and a worse system think, by this investigation, we are likely to become some- than the old credit system grown up; the solemn plightwhat better acquainted with it, and with the manner of ed faith of the Government to the Indians, "to protect disposing of the public lands, which may be useful. The and defend them in their possessions," forms no barrier; quantity disposed of at these sales is governed entirely and the solemn treaties guarantying their possessions for by these companies-some small sales of first quality, and ever, means nothing further, and no longer, than until advantageous locations, are bid off, enough to subject the some good land or mineral is found in their possession, land to entry at the minimum price; and all that remains is and then they must remove. But the sympathies of the set down by the Senator as "scraps, mere refuse." But good people of the United States are aroused; they begin let it be remembered, about thirty millions have been sur-to see and understand the course of policy which is hurveyed, and not yet exposed to sale, which will supply the de-rying these poor untutored sons of the forest, and once mand for several years for settlement only beside "scraps" lords of the soil, to swift and inevitable destruction; and of former sales; and here the settler may have his "new are beginning to cry out, spare these poor Indians! And land, his first choice," as the Senator expresses it. But their voice of mercy must and will be heard! And it beI will pursue this subject of the management of the spe- comes us to see to it, that our plighted faith does not beculators no further; but refer the Senate to the descrip- come proverbial, as the "punica fides" of ancient times: tion given by the Senator from Alabama, [Mr. MCKINLEY] and that the Indian may not say, Timeo Danaos dona fein support of his bill for the relief of the actual settlers, rentes! in which he disclosed the plans of operation of these spe- By confining the sales of public lands to those already culators, and proved, most conclusively, from facts within in market, we shall give the greatest possible encouragehis own knowledge, that these "speculators controlled ment to actual settlers; the hopes and the plans of the the sales of the public lands, and absolutely cheated both speculators will be entirely frustrated, a steady and industhe Government and the actual settlers;" and also a state-trious population will rapidly increase, and the other new ment made by a fortner receiver of the land office at States will present the same animating scene which the Huntsville, in the same State, (Alabama,) now among the rapid settlement of Ohio has presented. The report of files of the Senate,-"that at the sales of public lands, the Commissioner of the General Land Office furnishes which commenced by proclamation of the President, on proof in this respect, more valuable and interesting than the first Monday in February, in the year 1818, at Hunts- volumes of theory and idle speculation. It shows us the ville, a formidable company appeared, which had been sale of twenty-five thousand acres of land in one year, in a formed for the purpose of putting down competition district in which there is but a small portion of public land; amongst attending bidders, and purchasing the most valu- and probably the whole amount to actual settlers. Three able lands at reduced prices, intending to make re-sale, hundred thousand dollars were received from Ohio during and divide the profits of the speculation, and that himself the last year. The interest of the United States is perand the other officers of the Government, and the super-fectly identified with the interests of the new States; both intendents of the sale, were invited to join them, and are interested in the settlement of those States by an inparticipate in the proceeds.' Such proceedings beggar dustrious and honest population. The best interests of comment; I leave them for the consideration of the Senate. both will be promoted by putting down that system of Another reason why I wish the sale of public lands speculation, which, as the Senator from Alabama very limited, is, to preserve the present land system. So long justly expressed it, "cheats both the Government and as you permit squatters to go on in advance of your sur-the actual settler." For a short period, perhaps, the reveys, and make selections of the choice lands, and then ceipts from the sale of public lands might not equal the follow them with surveys and sales, you constantly in- present amount. But it cannot be the policy of the Gocrease the cupidity of speculators, and scatter a very vernment to follow the example of the improvident spendsparse population over an immense tract of country, thrift, who cuts down all his valuable timber in a few wholly destitute of the means of either literary or reli-years, and leaves his plantation stripped of its most gious instruction, who will be incessantly calling on the valuable productions. The moneys received from the Government for protection. They have been constantly sales of public lands form but a small part of its real intruding upon the Indian reservations, which have been value to the country; the proper facilities for encourage. guarantied to them by the United States: the Indians, ment of actual settlements, and the security which the goaded to desperation, seize, perhaps, their cattle, or, in Government is bound to afford to its citizens within its defence of their rights, raise the tomahawk, and "the limits--not only against violence, but also against imposi SENATE.] Mr. Foot's Resolution.. [MAY 20, 1830. tion, frauds, and oppression, imperiously demand the for six months. It is admitted that the constitution does inquiry, whether the land system cannot be saved from to- not authorize the President to remove from any civil office. tal destruction. Whether some plan cannot be devised, But, it is contended that, by virtue of his executive powers, which shall promote the interest of the United States; the and to enable him to comply with his oath, "to see that States in which the public lands lie—and the actual set- the laws are faithfully executed," he must of necessity tler, the emigrant from the old States-and this is the ob- possess the power of making removals, and that this ject of the resolution. If the inquiry proposed is too power has been exercised by every President. In my limited, let it be extended to embrace the whole subject; opinion, the necessity does not exist; for certainly the it will have my full acquiescence: and I assure the Sena- exercise of a greater power cannot be necessary, when tors who so suddenly took the alarm, when the resolu-a less power is sufficient to meet the exigency of the case. tion was offered, that they much mistake my views and feel-Nor do I admit that, in making removals by former Presi ings, if they believe me unfriendly to their interests; but dents, any such power has been claimed, as has been adthey must not claim the lands as their own. They shall vocated on this floor-the power of making removals "at have my hearty co-operation in any plan for encouraging his pleasure." Certainly no necessity exists for removing emigration to their States, which shall secure the emi- a faithful officer; his oath, to see that the laws are faithgrant a solid good, and not hold out delusive prospects fully executed, cannot require it. In addition to this, if which can never be realized--a plan which shall promote it becomes necessary to suspend the functions of an ofthe best interests of the United States, and, at the same ficer, for malfeasance, as the laws have made provision time, the best interests of the new States--by securing to for assigning another to perform temporarily the duties of them a sound and healthful population, which shall make an incompetent officer, it would seem that suspension the "wilderness to bud and blossom as the rose, and the would be sufficient, and was contemplated by the act of solitary places become vocal with the high praises of our Congress making such provision. God." The act of July 27th, 1789, has been relied on as giv ing the power of removal to the President in all cases: my inference from this act is entirely different. If the President possessed the power by virtue of his office, surely it was not necessary to insert this provision in the act; and, as it is not provided for in any other act of Congress, the fair inference is, that the intention of Congress was to vest in the President the power of removing this officer for special reasons, which do not apply to any other case. This officer, the Secretary of State, was, in fact, the Private Secretary of the President. The law specified his duties, and to be performed in such manner as the President should direct; and it was considered reasonable to give the President the power of removing him; but no such reasons exist in other cases. This case, unsupported exception to a general rule, and more fully establishes the general principles; for, surely, no exception could be necessary, if there was no established rule; and when an express exception is made, so far from impairing the general principle, it greatly strengthens it. It is to be construed literally, and the language is clearly this; this shall shall be the only exception. Here I leave the subject involved in the resolution; but some other subjects which have been introduced on this occasion demand at least an expression of opinion on my part, since they have (in sailor language) been "spliced" upon this resolution; and the first is the power of the Federal Judiciary. Although, I have uniformly been the advocate of State rights, I never have, and never shall, claim for them those rights which have been vested by the constitution in the courts of the United States; and, in my opinion, no danger is to be apprehended, as long as we give to the constitution a fair construction. The judicial power is clearly defined in the second section of the third article, and extends to all cases arising under the constitution and the laws of the United States, &c.-to controversies in which the United States is a party, to contro- by any other, is therefore to be considered as a special versies between States, between a State and citizens of another State, &c. It would seem as if no question could arise in relation to a power so clearly defined. I find no power given or reserved to a State to put its veto upon any decision of this court; and I am for strict construction; but, as this subject was introduced by the Chairman of the Judiciary Committee, and the members of that committee and others are more competent to discuss and de- In my opinion the President has not the power of remocide that question than those who are not professional val from office, because he has not the power to appoint, men, I leave this branch of the subject in the proper and a lesser power cannot remove an officer appointed by hands. a greater power, without that power is specially granted Another, and highly important question, and one in by a power equal to the appointing power. I admit that which the purity if not the very foundation of our Go- the President, during the recess of the Senate, by virtue vernment rests, has been introduced by the Senator from of his general executive power, and his obligation to see Tennessee, [Mr. GRUNDY] viz. the power of the Presi- the laws faithfully executed, may suspend an officer in dent on the subject of appointments to office. I use this cases of extreme necessity, until the Senate are convened; language in preference to the language of the mover, but this is a mere suspension--no vacancy "happens,” "the power of removal," because it embraces (in my within the meaning of the constitution, by such suspenview) the whole case, and does not restrict me to a pro- sion, and it is not in the power of the President to fill such position which, in my judgment, begs at least half the vacancy under the constitution; it becomes his duty to question. The constitution declares, the President shall inform the Senate of the misconduct of such officer, and, nominate, and, "by and with the advice and consent of "by and with their advice and consent," to make the rethe Senate, shall appoint, &c. But Congress may, by law, moval and fill the vacancy; and no officer is removed from vest the appointment of certain officers in the President office, and no vacancy exists, until the Senate, by their alone, &c. He shall have power to fill up all vacancies vote, "advise and consent to the appointment of a sucthat may happen during the recess, by granting commis-cessor, agreeably to the nomination;" by which act, they sions, which shall expire at the end of the next session; approve of, and make the removal and create the vacancy, officers may be removed by impeachment." This quo- by the joint act of the President and Senate, which is tation embraces every provision of the constitution on the made the appointing power by the constitution. Will it subject of appointments and removals. It never has be claimed that the Senate alone can remove from office, been contended that the President has the sole power of except by impeachment? And if one branch of the power appointment, unless authorized by special law. Con cannot do it, is it in the power of the other branch to do gress has authorized the President in certain cases of tem-it, except by a special grant of that power by Congress? porary inability, by vacancies in certain offices in the de- With respect to vacancies in the recess of the Senate, partments, to assign some person to discharge the duties the sole power of the President "to fill such vacancies, MAY 20, 1830.] Mr. Foot's Resolution. [SENATE. can justly be placed; and, in my opinion, self-respect and the rights as well as the duty of the Senate demand it. The constitution has not made the Senate the mere recorder of the Executive will, but a part of the appointing power, and responsible for the faithful discharge of this high trust. to the end of the next session," depends upon the con- shows the mode of nomination, as well as the manner in struction of the word "happen." What is its meaning? which the Senate advise and consent to nominations. To "To come by chance or accident." Does a forcible re-illustrate my position, the President sends a nomination to moval by the President come within this definition? It the Senate in these words: "I nominate A to be Collector will not, and cannot be claimed. It is not a vacancy which of the Port of, in place of B, removed." The ques"happens" within the meaning or the letter of the con- tion is, will the Senate advise and consent to the appointstitution. This point has been settled by the Senate in ment of A, "agreeably to the nomination?" If the the case of Mr. Lanman, a Senator from Connecticut, Senate advise and consent to the nomination, in these terms, whose term expired on the 3d March, 1825. The Senate do they not advise and consent to the removal of B, as was convened, by special call of the President, on the 4th well as confirm the nomination of A? And can we do this March. The Legislature of Connecticut, not being in with any propriety, or consistently with a due regard to session, the Governor of Connecticut made a temporary the rights of B, without knowing the reasons why Bought appointment, and forwarded a commission, under this to be removed? For one, I answer in the negative. I canprovision of the constitution--"If vacancies happen by not (with some Senators) "presume that the President had resignation, or otherwise, during the recess of the Legis- good reasons,” and vote in the dark. It is wholly inconlature of any State, the Executive thereof may make tem- sistent with my sense of duty. I am not willing to assume porary appointments, until the next meeting of the Legis- the responsibility of removing an officer, upon the prelature, which shall then fill such vacancies." After full sumption that the President has good reasons for the remodebate, the Senate decided, by a large vote, that Mr. val. If the reasons are good, what objection can he have to Lanman was not entitled to a seat, upon the ground that, communicate them to the Senate? If no reasons are asalthough there was a vacancy, the vacancy had not "hap-signed for the removal, my inference would be entirely pened" within the meaning of the constitution. This different from that of the Senator from Tennessee, [Mr. appears to me to be a much stronger case than the one GRUNDY.] I shall presume there is no good reason for under consideration. In the case of Mr. Lanman, the va- the removal; and shall vote against the removal and the cancy occurred by the expiration of the term of his office. nomination, until information is obtained on which reliance A vacancy actually existed, and the only question was, how this vacancy had occurred; and, although there was a vacancy, the Senate would not permit the vacancy to be filled by the Executive, on the ground that the vacancy did not "happen." What is the present case? Had these vacancies" happened" by casualty or accident? No. There was no vacancy; but the President endeavors--yes, I am aware of the decision, in 1789, in relation to the he attempts to make a "vacancy happen," by a forcible power of the President to make a removal; but, under the removal of the officer!!! Comment cannot be necessary; peculiar circumstances of that case, it certainly ought not the bare statement is sufficient to satisfy every unpre- to have any force as a precedent. The utmost confidence judiced mind that such vacancy does not happen;" and, was reposed in General Washington. No suspicion or of course, by the decision of the Senate in the other case, jealousy existed, that he could abuse the power thus it is not in the power of the President to fill such vacancy, granted. The question was decided by the casting vote under the provision of the constitution, viz. "The Presi- of Mr. Adams, the Senate being equally divided; and most dent shall have power to fill up all vacancies that may of the framers of the constitution voted against it. And happen during the recess of the Senate, &c;" being pre-were they not qualified to expound the constitution which cisely the same language as in the case of Mr. Lanman; themselves had made? And Mr. Madison, in debate, deand, sir, among those who voted in the negative, on the clares, if any President shall presume to remove, withresolution to permit Mr. Lanman to take his seat, there out cause, or to reward his favorites, he would be liable appears the name of General Jackson, the present Presi- to impeachment; but "he cannot conceive how any Predent of the United States!! The doctrine contended for sident could be guilty of such a gross violation of duty." by the Senator from Louisiana, [Mr. LIVINGSTON] has, I But has he not lived to see it? believe, met with few supporters. There are but few even of his own political friends, I trust, who are willing, by such concessions to the Executive as he has made, to surrender at once all the rights of the Senate. He contended that the President has the "perpetual power of appointment"--that when the Senate has rejected his nominations, he can fill the vacancies existing after the expiration of the session of the Senate. Such a doctrine leads at There is not a Senator on this floor, nor an individual once to absolute and despotic power in the President, and in this nation of any respectability of character, and a can never be tolerated by a republican people. With my friend to the country, who will say that the President has impressions, it certainly cannot be expected that I should the right to use this power to gratify his malice or caprice, vote for the confirmation of any nomination, made in place or to purchase "golden opinions." But there are some, of any one who is declared by the President to have been and I regret to see it, who have advanced sentiments on removed, unless information is given of the causes for which, in the opinion of the President, a removal has become necessary; as I hold it to be the duty of the Senate to inquire into those causes, to enable it to decide correctly whether the public interest requires a removal. And, further, that the President cannot create, or cause a vacancy to "happen," by removing an officer appointed by and with the advice and consent of the Senate; and, more especially, immediately after the adjournment of the Senate; or, under any circumstances, without the advice and consent of the Senate for the removal; since the same power is necessary to remove as to appoint. The Executive Journal, which has been published, But, suppose it be decided that the President has this power, no doubt exists but that he is responsible for the abuse of it. It is certainly a most responsible and delicate trust, and never to be exercised except in extreme cases, where the public interests imperiously demand it. And is it not the duty of the Senate, if possible, to check every abuse of this power? this subject which are well calculated to encourage the most monstrous abuse of this power. The-Senator from New Hampshire [Mr. WooDBURY] was understood to say "that every officer who differed in political sentiment, or opposed the election of a Chief Magistrate, from a sense of decency, ought to retire; and if he did not, he had no reason to complain if he was turned out of office." This, I believe, was at one period the New York doctrine, but certainly a doctrine inconsistent with the rights of private opinion, hostile to the best interests of the country, and dangerous, if not wholly destructive of civil liberty. I pronounce, without hesitation, that any citizen who dares not exercise his elective franchise, independently, is a SENATE.] Mr. Foot's Resolution. [MAY 20, 1830. slave! and any one who would punish a man for the free And, although much individual distress has been produced exercise of this right, is a tyrant! It matters not by what by other removals--widows and orphans left destitute and name he is called. If this is republican doctrine, I have without bread, yet such cases of distress are light comnot yet learned it in more than thirty years' experience. [pared with some of these--but an appeal to sympathy is Let us examine this doctrine fairly and candidly, and see useless. its results. The picture is before us. Look at the hordes Although great confusion has been produced by the of hungry office-hunters, surrounding the quarters of Gene- removal of postmasters, and the public interest may be ral Jackson on his arrival in this city, previous to his not a little jeopardized by the changes in the collectors entering on the duties of his office. In the front rank, and other receivers of public moneys, the most palpable marshalled, the hireling editors of newspapers! retailers loss to the public has accrued from the removals in the of slander! pressing on with their bills, and demanding public offices. The Retrenchment Committee verily bepayment; and threatening to turn their tremendous engines lieved some of these departments might be reduced! against the successful candidate, if their bills are protested, What answer do you receive from the Reformers? Oh, or are not promptly paid! About fifty of this class have no! We want more clerks! We cannot keep our accounts received their reward!! In the dark ages, the purse and without "the aid of Congress." No talents or skill can the sword were considered amply sufficient to secure the adjust them "without the interposition of Congress,” says "sceptre." In modern times, the press must be subsi- your Fourth Auditor. And, further, this same auditor, lately dized! Why this tremendous mush of hungry leeches, editor or printer of a newspaper, in speaking of one of his and desperate fortune-hunters, to the city of Washington, brother editors, says, "it is just to the present Comptrolduring the last winter? Nothing of this kind was ever ler to state, that he is devising means to change the mode witnessed on any former occasion! Could these creatures of keeping his books, to make them present the truth.” produce the bond? Did they labor for hire? Were they Here we have, in a document accompanying the Presipromised their reward? The laborers on a canal were dent's message, the important and interesting fact, that a never more punctual in their attendance on Saturday new officer, late editor, is very gravely and seriously puzevening, to receive their wages for their week's labor. zling his wits to make his books "present the truth." Such a system of rewards and punishments is calculated "No talents or skill (of editors probably, as he speaks of to debase the moral sense of the community! It is a regu- his own knowledge) can adjust their accounts without the lar system of bribery and corruption! If proscription for aid of Congress." Do they calculate that Congress has the free exercise of the elective franchise, and the distri- the power to make an editor a good accountant? bution of the offices as rewards, is to be the order of the day-farewell Liberty--she soon takes her flight from the abodes of men. But the evil resulting from the removal of experienced accountants in their offices, to give place to favorites, is manifesting itself in the loud and incessant complaints of Some removals made by Mr. Jefferson have been quot-those who come to settle their accounts at these departed, to justify the system of proscription for difference of ments. Confusion and loss of papers and vouchers, long opinion. Mr. J. disclaimed the principle: he expressly and tedious detentions, have disappointed many, who have declared, "the right of private opinion shall never be in-settled their accounts before without embarrassment or vaded by me"--and when several attempts were made, in delay. And there is good ground to fear that this proConnecticut and in Delaware, to procure the removal of phecy of the Fourth Auditor will soon become matter of his political opponents, he declined: the reasons for re-history, and such confusion ensue in these offices, as to moval were expressly assigned by him. Let the parallel require the aid of Congress, if not the "sponge," to be drawn between the administration of Mr. Jefferson and restore order. the present administration-between the present and all One word, on the right of removing faithful officers. preceding administrations-and view the contrast! In one Has not the officer in your department a right to presume, year, more removals have been made than within the fifty when he receives an appointment to an office, not limited preceding! And the worst and most dangerous feature in by any law, that he shall be continued during good bethis case is, that they have been without any cause assign-havior, when no removals have ever been made except for ed; and when the causes have been sought, none have cause? And is it not a violation of good faith to remove a been found--they have been refused, except in one or faithful and competent officer without cause? two cases. Where a cause has been assigned, (in one By the act limiting the term of office to four years, a instance,) it has been of a character, which, in my judg-provision is indeed made, "removable at pleasure;" but ment, might have been refused with much more credit to can it be claimed that this power is vested in the Presi the person making the removal, viz. "that the head of a dent alone? Why was not the power given in express department, and one in which large sums of money are terms? It can only be construed, at the pleasure of the disbursed, should have those about him in whom he could appointing power. The principal object of that law was place perfect confidence," that they would not keep a to secure a faithful accountability in the officers, as is vigilant watch over his official conduct--and is it come to evident from its embracing those officers only to whom this? Where are your guards about the public treasury? the public moneys were entrusted. The effect, however, Must every clerk in the offices be your political and per- is to limit the term of office--to leave a vacancy in every sonal friend-your menial servant, who breathes by your office during each Presidential term, and certainly superpermission? Sir, this is a very dangerous doctrine! It is sedes any necessity of removals, for the purpose of filling the doctrine of the midnight assassin--the highway rob- such vacancies with the political friends of the President, ber! He selects his friends in whom he can place confi-if such be his object. And, under this act, the term of the dence, that he shall not be betrayed! And must the same office being fixed, the incumbent can have no claim to reselection be made in your departments? Under such a appointment, over any of his fellow-citizens, except from system, how long can public confidence be retained? If his faithful discharge of duty. But, sir, a removal (except the sword is suspended by a thread over the subaltern for misconduct) cannot but be viewed as a breach of good officer, who dares expose malfeasance in the head? Where faith on the part of the Government; it is in the nature of is the difference between such a system, and the Lettres a contract for four years' service; and, on the faithful perde Cachet, or the Inquisition? Your liberties are gone formance by the officer, the Government is bound in good for ever! faith to fulfil on its part. But removals of clerks in the departments are without precedent in this or any other country. In the highest party times, no such removals have heretofore been made! But there is one view of this case which is of serious import, as involving the power, the right, and duty of the Senate. Take, for example, the cases of the Treasurer |