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Executive Powers of Removal.

[МАНСИ 17, 1830. term; and then you may make a sally, and throw them all to have empowered them, like another Sampson, to pull down if you can. History informs us that Titus took Je- down the very pillars on which it rests, and prostrate all rusalem. And if this dark inquisition, unexaminable pro- in the dust. What strange madness in the father of a scription, and abuse of the offices and honors of the coun- young family to hire a guard, at twenty-five thousand dol try, by using them as funds to purchase popularity, be lars per annum for the captain, and six thousand dollars tolerated by the public, (for this minority is powerless, each for the subordinates, to watch over his household; save only to sound the alarm,) history will tell posterity and then authorize them to strangle the mother or nurse, that a combination of aspirants, of all political denomina- upon whose preservation depends the existence of his tions, destroyed the constitutional liberties of the United helpless offspring! The freedom and purity of elections States by the usual gradations of tyranny and bribery are as essential to our liberties as the pillars to the dome combined, as was feared and deprecated by the father of they support, or the mother or nurse to the suckling inhis country! Let him who doubts this final result of the fant. principles now advocated here, reflect a moment upon only a few of the immediate practical consequences of those principles.

But let us return, and see how completely the doctrine of this session annihilates the very appointing power of the Senate, renders them the mere servile registers of Execu And, first, the present doctrine of the majority complete- tive rescripts, and breaks down the dykes that keep out ly annihilates the appointing power of the Senate, as well the ocean of despotism and corruption! Suppose Clark as its salutary restraining power; and confers despotic dis-appointed Treasurer to-day by an almost unanimous vote cretion upon the President. It is true, this majority could of the Senate, as the fact was. To-morrow A comes, and turn around again to their old opinions and practice; but, convinces this administration that he commanded at the in the mean time, the liberties of the country are in dan- last election, or can command at the next, a thousand more ger, when the sentinel has deserted his post upon the wall; votes than the incumbent. A is made Treasurer, and a and the four years' despotism may be, as with so many servile Senate advises and consents to their own degradaother republicans, but the prelude to one of a more per- tion. Next day B shows the candidate for the next Presi manent and dreadful character. dency that he can command double the number, and B is The Senator from Louisiana [Mr. LIVINGSTON] admits appointed Treasurer in place of A, removed. A servile that his doctrine enables the President to keep a favorite Senate advises and consents; and so on throughout the in office, or turn the best man out, in spite of the Senate! alphabet, from A to Z. Does not every one see that the And what is that but despotism? The admission is per- appointing power of the Senate is surrendered and gone? fectly correct; and we thank him for so much develop. The restraining power of the Senate, the high trust given ment of the principles of this Mosaic, tasselated adminis- us for public security, and not as a feather to decorate our tration. Look at the case of William Clark, Treasurer of individual caps, is surrendered and gone. Are we asked the United States. I take it for its strength; for his high what is the remedy? It is plain. Ask the cause of the qualifications for the office; for his mild and spotless cha- removal; and if the administration dare tell the truth, it racter, and because he has rendered more conspicuous ser- will be, that it was for opinion's sake, or the exercise of vices to his country in the late war, in his humbler sphere, the clective right, or to pay a bribe previously stipulated than General Jackson did, in proportion to his more cleva- by contract, express or implied, for votes or influence. ted and expanded theatre of action. The Senate, friends Tell the President, as the British barons told their King, of Jackson and all, confirmed his nomination at the last "we are not willing to have the laws of" appointment session. No sooner were our backs turned, than he was and removal changed. Tell him the cause of the removal struck from the roll of office, to make room to reward a is itself unlawful, and the removal void--not only unlawfavorite eulogist of the President. And, according to the ful, but against the constitutional rights of the citizen and doctrines now taught, the Senate cannot even ask for the the Senate, and doubly void; and, consequently, there because; but a servile Senate must register the rescript in ing no other objection, William Clark is still Treasurer of submissive humility! There is no other way of saving your the United States of right, though ousted by superior administration from public reprehension, than by screening force. But if a false return be made, let the people and them from the light of truth; for we defy them to show their representatives determine which master they will any cause for this unlawful act but the opinion of General serve, the President or the constitution; and if the latter, Clark, and to reward a partisan by rendering the offices impeach him for violating the constitutional rights of the the private property of the administration, to reward their citizen, and making the false return; if the former, let friends and punish their opponents. Their corrupt and them wear their chains, as unworthy of liberty regulated subsidized press has been employed all summer in assign- by law, and go worship their idol, and tremble at his ing false causes for such removals; but when the Senate frowns.

meets, and the minority demands the true causes, they Let me read you another practical consequence from shrink from the inquiry ir. conscious guilt. And no won- your own book, the long neglected report of the Senator der. It is safer to stand mute, than to add a false return from Missouri, [Mr. BENTON] made 4th May, 1826, (when of the conversion of the offices of the country into the Mr. Adams was President,) upon the propriety of curtailmeans of tyranny and bribery combined, as such a use of ing Executive patronage. Listen, and admire the fulfilthem would be. The causes of removal cannot bear the ment of the prophecy. light. The ears of the American people must not hear In page 3, And in this aspect of the reality we them! their eyes must never behold them on paper! The behold the working of patronage, and discover the reaprime minister of the Ottoman Empire dare not dismiss a son why so many stand ready, in any country, and in all Turk from office, for the mere exercise of some privilege ages, to flock to the standard of power, wheresoever, and secured to him by the capricious edict of the Sultan, his by whomsoever, it may be raised." master. Still less dare the head of an American depart- In pages 10 and 11. "We must then look forward to ment avow having struck an American citizen from the the time* * when the nomination by the President can roll of official existence for his opinion of the fitness of carry any man through the Senate, and his recommendacandidates for public trusts, or the exercise of his sacred tion can carry any measure through the two Houses of elective franchise, secured to him by the more permanent Congress; when the principles of public action will be and august guaranty of the constitution. open and avowed, the President wants my vote, and I want his patronage; I will vote as he wishes, and he will give me the office I wish for. What will this be but the govern ment of one man? And what is the government of one

What strange absurdity would it have been for ancestors to have reared this fair fabric of constitutional liberty --appointed a President and cabinet to guard it--and then

*

MARCH 17, 1830.]

man but a monarchy? Names are nothing. of a thing is in its substance, and the name modates itself to the substance."

The nature The culprit, arraigned at the bar, and the military, subject soon accom- to the personal orders of the President, and liable to be stricken from the roll by his fiat, are entitled to more courtesy and fairness than this.

"Those who make the President must support him. And, on behalf of the outraged rights of the country, I Their political fate becomes identified, and they must stand now appeal to Mr. Madison, who is still living, and to the or fall together. Right or wrong, they must support him." just spirits of the illustrious dead, whose voice is to be A precious confession! So thought Washington heard in the constitution of the United States, in the conwhen warning us of the danger of combinations, for Wash- temporaneous expositions of that instrument, and in the ington called things by their right names. With him, in early legislation of the country, and to the laws of the that instance, the name was quite significant of the thing land, to learn the true extent of this power of removal so much to be dreaded by posterity. Behold in this ad-from office, the causes for which it may be exerted, and ministration, and in this majority of the Senate, the reali- the concurrent and restraining powers of the Senate of the zation of the fears of Washington, and the fulfilment of United States, in such cases, to secure the citizen from the the predictions of the prophet of evil! arbitrary will of a single man. The opinion of Mr. MadiYou have only to add, as your speeches indicate that you son we have in the case where, by law, the President has will, your sanction to the practice of removing men with- the absolute power of removing his creature at will, that out a shadow of lawful cause, or any other that you dare no wanton use can be made even of that absolute poweravow, to make room for corrupting the very sources of an opinion in consonance with the genius of our republic, mental light, by rewarding the corps of mercenary editors; which views all powers as public trusts, and none as mere or to reward even the very electors of President and Vice prerogatives. The constitution, article 2, section 2, gives President-who, above all others, should stand aloof in the the appointment of the whole class of officers of the pubhigh and honorary duty they perform, like Cæsar's wife, lic now before you, with terms, tenures, and duties prenot only free from reproach, but above suspicion; and scribed by law, and not by Executive will, to the President then add a dark, ex parte, worse than Spanish inquisition and Senate of the United States. Congress has not thought of condemnation and removal, and refuse all inquiry and it proper, if they possess the power, to bestow the appointpublic knowledge of the causes--and your four years' des- ment elsewhere; but has left this whole class upon the propotism will be complete! "The President must be sup-visions of the constitution. ported, right or wrong. He wants my vote, and I want I have attempted to demonstrate, and the Senator from his patronage!" Hang over the palace door, as you please, Louisiana [Mr. L.] admits, that the doctrine now contendthe label of "law and liberty," inside stalk the demons of ed for by the majority annihilates the appointing power dark, inquisitorial, proscriptive despotism, amidst the of the Senate, and renders the President absolute, and at clanking apparatus for forging chains and manacles for liberty to keep in or turn out men in defiance of the Senate. The restraining power belongs to the organization But there is a redeeming spirit in the American charac- of the Senate, for the public security; is a high constituThe sons of Revolutionary sires will never submit to tional trust, without which the appointing power of the this. I do not speak of commotion and revolt, the last re- Senate is annihilated; and we cannot renounce it, nor desort of wretched slaves, but of the calm majesty of free-sert our constitutional post, as guardians of the public men, (cajoled, deceived, and infatuated by an interested liberty. To abandon it changes the nature of our Governoffice hunting combination, using the common artifice, the ment, and, as you yourselves declared in Mr. Adams's martial fame of their leader, and the cry of coalition and time, makes the President a monarch! Under this derereform,) rising, and, in the forms of their violated elective liction of duty, the United States are no longer a repubfranchise, redressing their wrongs, and reclaiming their lic! Tell us no more of the tyranny of kings, and of the rights and liberties, as inherited from their fathers. For, servility of parasites and courtiers, bowing and acknowin leaving the graves of their forefathers, and migrating ledging "the King can do no wrong." It is a striking beyond the grand range of the Alleghanies, to find free circumstance that they who have pretended most regard space and easy sustenance for themselves and their fami- for popular rights and democracy, are the advocates of lies, they carried with them, even to the remote wilds of the alarming power now conceded to the President. the Osage and Desmoines, the St. Francois, and the Merri- Let us now hear the contemporaneous expositors of the mack, those principles of union and civil liberty which constitution, to learn if such arbitrary and unexaminable they inherited from their fathers, and there cherish them discretion was contemplated. Mr. Hamilton, one of the in their hearts, and impress them upon the minds of their

slaves!

ter.

children.

Turning with disgust and abhorrence from this picture of despotism and midnight inquisition, with the determination of freemen not to submit to it, let us look upon that fair portrait of law and liberty with which the gentleman from Delaware cheered us, and fix our hopes upon its fu

ture restoration.

framers of the constitution, in the seventy-seventh number of the Federalist, says, when he, and Madison, and Jay, were expounding the nature of our Government to induce the people to adopt it:

"It has been mentioned as one of the advantages to be expected from the co-operation of the Senate in the business of appointments, that it would contribute to the stability of the administration. The consent of that body Beverly Allen, District Attorney of Missouri, to whose would be necessary to displace as well as appoint. A case I will advert, for the sake of illustration, as to holy change of the Chief Magistrate, therefore, would not ocground, where the flag of opposition to this despotic in-casion so violent or so general a revolution in the offices quisitorial abuse of power was first unfurled, in his memo- of the Government, as might be expected if he were the rial, concluded in common charity, when his removal, sole disposer of offices. Where a man, in any station, had pending his term, was announced to him, that some causes given satisfactory evidence of his fitness for it, a new Prehad been represented to the administration for such a sum-sident would be restrained from attempting a change in mary condemnation without notice, and he asked for the favor of a person more agreeable to him, by the apprecause. He asked the Secretary of State, and he declined hension that the discountenance of the Senate might frusto answer him! He inquired then of the President, and trate the attempt, and bring some degree of discredit uphe stood mute! He besought the Senate of the United on himself. Those who can best estimate the value of a States to tell him, and the majority refused to print his re-steady administration, will be most disposed to prize a prospectful and laconic memorial, and now declare that they vision which connects the official existence of public men will not even inquire into the cause of his condemnation! with the approbation or disapprobation of that body, which,

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from the greater permanency of its own composition, will, liberty. The political aspect of the act forebodes no rein all probability, be less subject to incompetency than any volution of power. other member of the Government."

President."

All seems to be a mere affair of money, to secure our revenues from the infidelity of defaultAfter refuting some objections of that day, that the Sen- ing officers of the Treasury Department! It establishes the ate would influence the President, and assume the control tenure of office in these words: "shall be appointed for of the Government, Mr. H. says, "if, by influencing the the term of four years, but shall be removable at pleaAt whose pleasure, pray? At the pleasure of the President, be meant restraining him, this is precisely what sure." must have been intended. And it has been shown that prime minister, or the premier's sweetheart? or is it at the the restraint would be salutary, at the same time that it pleasure of the President's arbitrary will? I answer, no; would not be such as to destroy a single advantage to be for that would annihilate the appointing power of the Selooked for from the uncontrolled agency of that magis-nate, and make the act unconstitutional, as the Senate cantrate. The right of nomination would produce all the not renounce, even by law, the restraining power that good without the ill." belongs to its constitutional organization; not for its own Some annotator to this number of the Federalist has ap- sure of the appointing power, in the ordinary and hitherto honor, but for the safety of the public; but at the plea pended a note, saying, "this construction has since been harmonious mode of originating by the President, and rejected by the Legistature; and it is now settled in prac-sanctioning or restraining by the Senate. The constructice that the power of displacing belongs exclusively to the tion must be in favor of the liberty of the citizen, and not in favor of arbitrary power, if the law were doubtful. This note ought to be expunged, as calculated to mislead Even in the monarchy of England, that is the rule. Let students and weak cabinets. It is not true, in point of fact, that the Legislature has rejected this construction; of construction laid down by Justice Blackstone, and conus take the good old common law and common sense rule nor true, in point of law, that the Senate can renounce an sider the old law, the mischief of the old law, and the reiota of their restraining power that belongs to their ormedy proposed by the new law; and so construe it as to ganization, and chiefly distinguishes our checked and restrained Executive from one of arbitrary will. The whole suppress the mischief, and promote the remedy. By the old law there was no summary power, except idea of the annotator was taken from the laws respecting the disputed one of taking care that the laws be faithfully the assistants of the President, to perform duties prescrib-executed, to arrest the career of official delinquency; and ed by him as under the act of 1789, and not applicable the process was doubtful and dilatory, by which the cause to the officers of the public, or of the law, to perform of removal was to be established, whether by impeachduties prescribed by the laws of the land. The cor- ment, indictment, information, or civil suit. The evil of rectness of Hamilton, and the error of the annotator and the old law was, that, while the Government was plodding his disciples, of the majority, can be demonstrated if through some tedious process of law, amidst its delays and there be truth in logic and common sense. The argument proverbial uncertainties, the defaulter could embezzle our stands thus: without the concurrent power of the Senate funds, and ruin our affairs, so far as they lay within his in matters of appointing, (as you admit in your report of control, and escape to Texas, the West Indies, Mexico, 1826, before quoted,) the President becomes a monarch. South America, or Europe, before the process had ascerThe appointing power of the Senate is annihilated by tained whether there were lawful causes for removal or taking away their restraining power, as the column or edinot. And the remedy here proposed is the summary susfice is prostrated by removing the pedestal or foundation pension of the functions of the officer, for cause, subject that sustains it. Therefore, you have proclaimed your Pre- to the constitutional restraining powers of the Senate, as sident a monarch, according to your own premises and ar- in all other like originating acts. guments, by refusing the light necessary to the use of the

statesmen than Hamilton are here.

restraining power. Hamilton has been accused of too law, even were it practicable, to change the relative powThus, we see, it was far indeed from the design of that strong a bias towards arbitrary power. But Hamilton was ers of the Government, or to make the offices of the couna tame republican, in favor of a checked and restrained try the private property of the President, to buy votes, or Executive; and if a bias to arbitary power be a proof of punish opponents, or to render the cause of removal less, true greatness, much greater, if not more disinterested, the very gist of the whole proceeding, than it was before The Senator from Virginia [Mr. TAZEWELL] has read dictment, or information, or civil action, the cause would be that law. If the proceeding were by impeachment, inus the form of a commission, stating that the office, in such the gist of the whole. On that the issue would be joined. cases as we have before us, is held at the pleasure of the That would be tried; and, on that, judgment of condemnPresident! A full proof of the constant encroachment of ation would be rendered before the removing power Executive will, and of the necessity for an equally con- could be exerted. And when, with the sole view of savstant restraining power of the Senate, as taught by the ing the public moneys, a summary proceeding is given, fathers! but no proof whatever that the clerk or attorney does the cause of removal become the less essential? Does who made the form of the commission did thereby repeal the necessity of assigning it, or the right of the Senate the constitution and laws, and the checked and restrained and public to know it, become less absolute? The neces organization of our federal Executive, which distinguish-sity and propriety of knowing the cause become more es it from a despotism for a term of years. imperious as the proceeding is rendered more summary;

I will now approach the stronghold of modern demo- because there is more danger of the arbitrary will of a sincracy, claiming unrestrainable Executive power in remo-gle man in the latter than in the former mode of provals from office, supposed by the Senator from New ceeding. The cause gives life and action to the power of Hampshire [Mr. WOODBURY] to confer the power now removal. Until the cause be given, the power remains a claimed upon the President: the act of 15th May, 1820, dead letter, a mere power in abeyance. The law of trea"to limit the term of office of certain officers therein son confers a salutary power on the Judiciary Department named, and for other purposes," The act, then, names of the Government, to condemn the traitor; but, until the the very class of money-gathering public officers now be overt act, or the cause of applying the law, exists, the judifore us, and leaves the appointment to the President and ciary has no right to issue a mandate to hang a man. The Senate. There is nothing in the title of the act that warns Executive Department has no more right to exert the prous of change in the relative powers of the President and visional right of removal, until the cause occurs, than the Senate, or premonishes us of the approach of dark inqui-judiciary has in the other case. The power, in both cases, sition, despotic power, or the downfall of constitutional is a public trust; and we protest, with the constitution of

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[SENATE.

our country in our hands, against keeping the cause a al rights, or to change our institutions into the monarchiState secret, and thus establishing a secret, dark, and un- cal form: and, there being no other objection to them, restrainable inquisition. they are in office during their term, unless they give The legislator, in 1820, naturally asked himself what lawful cause, thereby giving lawful power of removing term and tenure of office would attain the desired public them. At the end of his lawful term, he may be deliversecurity? To hold for life would be too irresponsible. To ed over to the corrupting party discipline of the times, to fix his tenure during good behavior would not remedy be buffeted; but even there it is the duty of the Senate the evils of the old law; then there must be a process at to restrain the perversion of the public offices into means law to convict him of the cause, before the removing pow-of rewards and punishments, or of bribery and tyranny er could be exerted. To make him removable at the will combined, on discovering such a disposition in an Execuof the President alone, as in the case of 1789, would make tive, upon the high and patriotic ground that such an the President too absolute. And hence the provision for abuse of power strikes at no less vital object than the a term of years, provided he so long behaved faithfully, root of our liberties-the elective franchise itself. Yes, removable at the pleasure of the appointing power, during in all such cases as are now before the Senate, the cause his term, if he gave cause; and the cause is just as mate- of removal generates the power of removal; and such has rial and examinable here, as under the old law. Under been the uniform and harmonious practice of this Governboth, it is the very essence of the matter. The summary ment in all the halcyon days of the republic, (and lawyers proceeding was to stop the career of delinquency, and themselves do not look for good precedents to troubled not to confer arbitrary power.

and revolutionary times,) as the commission of any other offence gives application and life to the appropriate power of prevention for the future, by punishing for the past; which, but for the commission of the offence, would have lain dormant for ever.

And where is the provision in the law of 1820, presuming to confer upon a President the anti-republican power of holding a dark inquisition, striking officers from the roll, and then refusing to tell the cause? Or making the cause a secret of State, or the removing power an Execu I now appeal to the settled practice of the Senate for tive prerogative, absolute as that of an Autocrat of Rus-half a century, and will quote the majority against themsia over his serf, or a King of Prussia over his slave? No, selves, in support of the republican character of our Gosir, this class of the officers of the public do not hold their vernment, in opposition to the new despotism now declarstations at the capricious will of any man; but by a legal ed on this floor. The gentleman from Delaware has tenure for four years, provided they so long perform their taken so ample a range over this branch of the subject, duties, and retain their fitness for the station. that I shall content myself with a few prominent instances. Mr. Monroe removed a surveyor general of Illinois, 1. In the celebrated contest between Mr. Monroe and Missouri, and Arkansas, under a similar law, for causes the Senate, upon the military nominations in the year sustained by judicial proof, taken in a suit to which the 1822, the Senate looked behind the nominations of Coloofficer was a party. The accused was notified and pre-nels Towson and Gadsden, without any objection to them, sent, and gave all exculpations and explanations in his and there found General Bissell and Colonel Jones in a power. Mr. Monroe referred the matter to his attorney situation that, in the opinion of the Senate, gave them a general, Mr. Wirt. He reported the causes, sustained by right to the offices of Colonel second artillery, and Adjuproof. That report was then submitted by Mr. Monroe to tant General, and practically asserted their restraining his cabinet, for their advice. They did more than they power by rejecting the nominations of the two former were bound to have done; but they crred, if at all, on the officers to fill those places. Mr. Monroe acquiesced in the side of constitutional light and liberty. There was no decision of the advisary power of the Senate, and nomisuppression of the causes of removal, or dark inquisition |nated Colonel Jones, who now holds the office of Adjuthere. There was no skulking from the light of day, like tant General; and Mr. Adams, when President, acquiesced guilty Adam, among the thick shrubbery of Eden, in that, in the case of Bissell, and nominated him for the other as there is in the present administration! office. General Bissell's friends contended he was in the

Let us now assume a new point of view, and look at army, liable to be arranged to that service by order, and this matter in another aspect; for its acknowledged import-needed no nomination; and rejected it on that ground, as ance demands all our attention. it would cut off some years' pay to appoint him anew. On the committee that recommended this course, was the Senator from Missouri, (Mr. BENTON.)

There was a contest in the Senate concerning the true construction of the law of 1821 to reduce the army; but none upon the great duty of the restraining power of the Senate, although the President had the right by law to strike officers from the roll, as he had not proceeded under that power.

To create a lawful vacancy, by removal or resignation, there must be a lawful removal or resignation. Every ouster by physical force is not a lawful removal; nor is every forged paper a valid resignation; nor every feigned death a vacation of office. Nominations to fill vacancies must and do state how the vacancy occurred; and to what end, if the Senate had nothing to do, as now pretended, with the question whether there was a lawful vacancy or not. A is nominated in place of B, resigned. B comes, 2. In the Panama discussion and report in 1826, when and shows the paper to be a forgery, and no resignation. Mr. Adams was President, there was a dispute upon the Or, C, in place of D, deceased, exhibits himself in full life. expediency of our attending or participating in the proOr, E, to be Chief Justice of the United States, in place posed American Congress at Panama and Tacubayo; but of John Marshall, removed. Every body knows the Se-none as to the restraining powers of the Senate. The nate could and would inquire into the legality of the pre-present majority, or so many as had seats here at that time, tended vacancies, and correct the procedure in the two acted upon the comprehensive principle, that it was the first cases as errors in fact; and, in the last case, as error right and duty of the Senate to look behind the nominain law. They would look behind the nomination, and tions, and re-explore all the ground over which the mind take notice that the President has no power, by law, to re- of the President might be supposed to have passed in armove the Chief Justice; but we would reject E, and leave riving at his conclusion to send in the nominations. the Chief Justice to the hand of time, and his legal tenure. So, in these cases, the President has no more power to remove the officers of the public for their opinion or vote in an election, nor to make room for favorites, in the absence of any lawful objection, than he has to remove the Chief Justice, or to deprive citizens of their constitutionVOL. VI.-59

On February 20, 1826, Mr. ROWAN submitted, among others, the following resolutions, which, on the 22d, were modified by Mr. WOODBURY, except the following, which they both voted for as it is:

Resolved, That it is the unquestionable right of the Senate to call, in respectful terms, upon the President of the

SENATE.]

Executive Powers of Removal.

[MARCH 17, 1830. United States for such information as may be in his pos- manly, indignant sense of high-handed Presidential, or session, and which the Senate deem necessary to the faith- low party cabinet tyrannies, as the gentleman himself supful discharge of the duties imposed upon it by the consti- posed it to be, some years ago, to draw the broad distinctution; and more especially the duties resulting from mat-tion between the summary process of Mr. Jefferson, in ters which the constitution makes it the duty of the Pre-seizing the batture at New Orleans, and the due proceedsident to submit to the Senate for their advice and con-ing at law, for which the gentleman so ably contended, and ultimately obtained, in that celebrated case. No, sir, a

sent.

I deemed it unnecessary to make a question about a delinquent or unfit person, removed from office for cause, thing "unquestionable," and have a vote upon it; and will usually be the last man to court investigation, but will moved its indefinite postponement, which was carried; but hide his blushes, and enjoy, if he can, his peculations, in we called for all such information without hesitation, as the deep forests of the West, or in the "solitudes of great an unquestionable right. The following members of the cities" in the East, or abandon the country; and in nine present majority voted even against postponing the reso-out of every ten thousand cases of removal for cause, the lution, affirming a power given by the constitution, and Senate will know, or easily learn, the cause, and, acting not dependant on our resolution, viz. Benton, Dickerson, for the interests of the country, pass all, sub silentio, as Ellis, Hayne, Kane, King, Rowan, White, Woodbury, past experience proves. (Mr. Tazewell being absent,) and all the Senators appointed to the heads of departments, and now shrinking from a similar call!

3. The only remaining conspicuous instance which I shall deem it necessary to quote, is the report to curtail Executive patronage, already quoted, showing that the powers you now concede to the President make him a monarch!

If our ancestors had left it in doubt-if the question had never been discussed or submitted to the American people-whether we should have the despotism of four years now proclaimed by the majority, or the checked and restrained Executive claimed by the minority, the construction should be in favor of popular rights and the representative principle. It would be so in England, which we are in the habit of considering a tyranny, although the Thus we see that portion of the present majority veer. rights, characters, and feelings of the subject, there, in ing and vibrating, under different administrations, like a public and in private life, are better secured than they surveyor's needle among the mineral banks of Missouri, are here, at the present epoch in our history. But that according to the power of the attraction; first pointing to question was not omitted by the wise forecast of the frathe new diggings, then to Mine au Briton, then to Valle's mers of our Government. It was directly before the peo mines on the Platin, and then to the great iron mountain ple; ably discussed, and solemnly determined in favor of between the waters of the St. Francois and Merrimack. constitutional liberty, as claimed by the present minority. They are never fixed to the pole of the constitution; but The fair mode of proceeding would be for the majority seem to govern by the law of majority-the law of force! to propose an amendment to the constitution, and submit An administration that did not wish concealment for cause, the question to the people, which of the two will you would thank the Senate for its aid, counsel, and advice choose? And not thus, by an unexpected desertion of upon the causes of the removals, and avow them like open their post, let in the enemy of despotism, which the namen of conscious rectitude. The people are not dissa- tion thought for ever excluded. I must leave your own tisfied with the administration for removing upon cause, minds to imagine the redeeming results that would be as they have done in several instances in and out of this produced by a firm, practical re-assertion of the restraincity; but this attack upon the freedom and purity of ing power and duty of the Senate, and of the principles elections is striking at the root of the tree of liberty, and, for which the minority contends. if not arrested, will leave it in this republic, as in so many It would arrest the downward tendency of the country others, stripped of its bloom and foliage, the scathed vic-to universal office-hunting, and consequent corruption tim of withering despotism. and servility, and reclaim them to the high and honorable

There are two remaining objections of the Senator patriotism of their fathers of the Revolution. By connectfrom Louisiana, [Mr L..] to be answered. He transfers ing the official existence of our public officers with the himself back to the birth of the republic, and imagines approbation or disapprobation of the Senate, you will all to be untried theory before him, when in fact we have create a race of elevated and independent public officers, been practising harmoniously upon this restraining power looking, like freemen, to the performance of their duties, of the Senate for half a century, with salutary effect. and to the protection of the laws for their places; and He imagines the first step in removing an officer, under free the country, in time, from that brood of servile sycothe system advocated by the minority, would be to con-phants, lounging around the Capitol, or eaves-dropping at vene the Senate, and submit the cause of complaint to the houses of their fellow-citizens, or carrying on a system them; and deprecates the expense and trouble, and, of low espionage in tavern halls, or at street corners, to above all, the ease with which a delinquent, while the catch the unguarded expressions of men, to be retailed at Senate were convening and debating, could transfer him-the palace, or heads of departments, to produce vacancies self and his ill-gotten wealth beyond the reach of investi- for themselves to fill-a brood of beings, which, in all gation, as this administration are modestly retiring from countries, have been the ready instruments with which that light to hide their blushes. His premises are wholly unhallowed ambition has destroyed law and liberty. And imaginary, and his conclusions are, of course, equally you will restore the Government to what it was representvisionary. The originating act of suspending the func-ed to be, when, with jealous forebodings of the encroachtions, and arresting the career of delinquent officers, is, ments of Executive will, it was adopted by the fathers of and ought to be, with the President, either during the the republic and their compatriots, at the purest period recess or the session of the Senate; and the matter is of our national existence. If the Senate be faithful, all can then submitted to them when they are in regular session, be retrieved! And we call upon all those with whom we in the established manner we have described. The de- have acted under other administrations, upon the military linquency of a revenue officer is not the emergency for nominations, and so many other occasions, not to abandon convening an extra session of the Senate. That power the republic; but to aid us in rending the thick veil of was given for great emergencies of State. dark and silent mystery that hangs over these removals. "Give me but light; I ask no more."

He supposes great difficulty from vexatious complaints. Safe experience answers all this against him. It is found, If your administration have not violated the essentia in practice, as easy to distinguish between querulous and principles of the republic, let that be made manifest by the vexatious allegations of removed delinquents, and the light. We are not contending for the offices--take them