The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1824-03-18


dick, Weighes and Gsuger in the plsce OF
David M. Coegssbsli, and having submitted
them for hs sppTobsion OF the Secretary, by
his isiier OF May ~, without having assigned
any fessons--whieh letter il appears was not
received by The Secretary when his letter OF
the 27ih was w'iiien, 10 answer 10 which the
Collector though, proper TO sisie bis reasons
in leuer, dated Juns !, not only Tor the ap'
pointment Of Ra,hbuo, but for the others also.
IL sss known st thst time that Mr.. Hunter
had Ihieres,ed himself in favor OF David NJ.
Coge eeshsli, his tohneai friend, and IL was be-
iisved also in favor oi John Yeoma0., the Re.
vointiOnory Patriot.
The Collectors letter announcing the ap.
poinlTnen, OF Mssss. ShesrmsD, Melville and
Budick, and submitting. lhem 10 the SecTeis-
~ Tor his appreciation, It appears by The Sec
tetsry's letter to Mr.. Hunlet, was dated May
22, ssd Mr.. Hunters letter IN is,or Of NJ.
Coggeshsil, was ds,ed The 22d, oi cburse they
must have been received IN successive mails
by the Secretary. The Colec,oT's letter Of
May %, must have been received by the SEC.
tetsry on Tho 2Sih, Tor il 10 evident he had
not received il when he wro,e approving the
appointment, Of Rahbun--apd his let,er to
Mr.. Eilsry requesting him TO "be so good ss
10 state The grounds upon which the new sp.
point men,s announced in his letter Of the 22d
had been msde," must have been writ,eo on
tho ash or 29.h, (probabIy the ister,) be-
cause on that day he acknowledges the re.
ceipt Of MIR. Hunters letter by that days's
ms,i, and says previous 30 Hs arrival MIR. E-
Iery had been requested 10 state that iDio'ma-
iion. Ve'y soon ailsrtbe letter OF The Collector
was written 10 answer TO tho inquiry OF the
Secretary, before il could have reoched
Wishing, on, sDd several days be fore the re-
,ceipt Of tho See,ststy's letter OF June Is, Or
defing the Collector Immediately after the
,eceip, Of il, 10 restore Mr.. Yeomsns and
Mr.. Coggesbsh to the places which they held
under hi, preds cessor IN cf!iee," we recollect
very distinctly that Mi. Hunter had received
. letter from the Secretary, and had read or
shown { to MIR. Coggeshali, stating that the
removal OF MIR. Cog gsshall wov'd not be per.
mitted ut the will Of the Collector, ss me Sec.
tets,y's letter 10 the Collector, sskiDs for in
for NATION relating TO tho grounds upon which
the new sppoinimenis wete made, ws' dated
after the 27ih, and his letter to NJ. Hun'er
wss dated the 90 h Of Moy, il is ve'y probable
they were teeei1ed here by tho same mail, az
has been stated.
The mild and gentle manly terms Of the
Secte,sty's letter 10 the Collector, &c guessing
htu, 20 be- so good as TO stats The grounds up
on which the new appointments had been
al msde-which IL eppears was written hreUieus
10 ne reeeiHt Of Mr. Hlns, s, and his having
previously approved Of tho epPoin' Dens Il
Mr.. Ra,bbun without requiring any reasons
for the Change, leaves no doubt that the rea.
sons assigned by tho Collector would have
been sufficient, end tho appointments would
have been approved, had u not been Tor the
improper inter ference Of Mr., Huu,ef. The
Secretary. letter to Mr.. Hunter, STATING that
m,siesssnce or non iesseDCe must be estab.
li.hsd efo's tho removal oi M. Coggeshsil
weuld be sanctioned, (which We have nevsr
heard wss stated TO the Collsctof,) and the
s,,ls OF HI. Islter 10 the Collector, orde rim &
him imme dis,ely, on the receipt OF that letter,
TO restore Niessis. YesDans and Coggeshsll,
when compared with hi. letter teqUes,Ing tho
grounds upon which the new appointments
we're mede, shews very evidently the effect
which Mr.. Hunters letter had upon him.
II is conceded by the Secretary OF the
Tieasuty, that by ialo, the appointment OF
the officeIs in Question Is vested IN me Col
lec,or, with the spP' oba'ionof The oecfetay-
and j, is asserted, that by established usage,
the sanction Of tho Secreta IS necessary tor
their removsi. This es,sbl,shtd usage Is no
les. than an usut patton Of authority, Inautho
,ized and unsufh0rfed by Iasv, which the Sec
re,sry has, in our opinion, no light to assume.
We do not know what would DO tho opinion
Of men Of legal knowledge IN case Collec.
tor should remove 60 officer OF his own sp.
poin,meot, fron motives evidently improper,
bu, il has been decided by Judge Story, 10
the Circuit Court of the Unned States, that
the commissions OF appointments OF all the
subor dina,e officers Of The Customs, expire s
tho dss,h, resignation, OF removal Of The Col
lse,or who appointed ,hsrn, end they eaono
continue to act Legally unless re:appoinied by
the new Collector, and te.spPso,ed by the
head Of the T,es,u'y DEPARTMENT. We
there fore eoaiepJ that the 6ffice's appciniet q
by the vepetsble Willism E,iery were, aits'
his death, no longer officers of The Customs
and IL became the duty OF the Collector who
.ueceeded him, 10 sppoint such persons te