Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-06-23
FOR THE ENQUIRER.
THE PROGRESS OF REFORM

trascd Its strength, and to have directed Its most
active efforts against the progress of reform, and
especially la denouncing the late removals from
Office. These acts Of the President have been
assaiied with great acriinony, in which party
violence has not only aspersed the purity of his
motives, bull has drawn into serious question his
Tho authority of Madison and HAMILTON has
been appealed to, that the charge of usurpa-
ton. may he tinged with somo shade Of plau-
s;hiity. This authority would be as respecta-
BILE the deuunciation is grave If II could be
tured 70 the use intended TO be made Of it. The
reference that has been made to these illustrious
names IL 40 unfortunate, as the charge is unbound.
ed. Forty years have now elapsed since this
question OF Executive power, underwent a Sc.
were aud able discussions; and the practice of
each successive administrations through that lapse
Of time, has been uniform. The power of reno
val has bean asserted, maintained and exercised.
The FIRST Congress under the present Constitution,
was filled with much ability, and, indeed, great
ability was requisite to give life and motion to the
new system. II was necessary to create Execu-
tive departments. and this necessity pressed itself
upon the early attention of Congress.
70 this end, propositions were severally sub
mitted by Mr.. Boudnot s. Mr.. Benson. ON the 18th
Of May, 1853. These were withdrawn at the in
stance OF Mr.. Madison, who assumed the discharge
of the duty, and he offered the following resolu-
tion for consideration in Committee Of the whole
House
&c Resolved, That il is the opinion of this Com
mlttee, there should be established, tor the aid
of the Chi5 Magistrate in executing the duties
Of his station, the following departments, &C.
SC. at the head of each Secretary, Sc. &c. to
be nominated by the President and appointed
by him, with the advice aud consent Of the SEN
ate--and removable by the President"
This resolution produced an able and animated
debate, and it was confined to the SOLE removing
power, which was " carried in the affirmative by
a large majority" Several weeks expired be- fore
the same question, (upon the billy came up for
more solemn and final decision. Ii was seen that
a. 4
grant of power from the congress TO the President
while il had been demonstrated by argument, to
be an essential and integral part of the Executive
endowment, under the Constitution, and derived
from that instrument only. Mr.. Madison parti-
cfpated largely In this discussion and displayed
his wonted clearness and ability: The House of
Representatives, did then determine by plurality
of3l TO 10 votes, that the removing power flowed
from the Constitution, as vital and necessary part
Of the Executive structure, and as psepara-
bly, associated with the severe duty Of {" TAX
ing care that the laws be faithfully exc cued -
The debates ia the Senate upon this topic were ne
Yer published. That body then sat as it did for
several years after, with closed doors. /, is how
ever, known that the division there 50 equal
as to call for the casting vote Of the President Of
the Senate. But this no fair test of the sense
OF the body. Several members were absent, and
large majority was shewn upon similar ques-
ton, immediately thereafter.
Nearly ten years afterwards the opinion of Con-
gress was more decisively expressed. In the
month Of April l79S, an act passed creating the
Navy Department, which contains similar recog.
milton OF power in the President, and in the same
terms. Party spirit in '9S fierce and active,
yet this provision appears to have encountered no
opposition.
II is true, that in the 77ih No. of the essays of
Publius, now bound together under the title of
the Federalist, General Hamilton ventures a slg-
geston. that the consent of the Senate, 's would
be necessary to displace we'll as 10 appoint
d,upon this basis, the Columbian Contnel of Bos-
ton, sets up the bold and untrue assertion " that
although Mr.. Hamilton not in the Congress
OF 1889, he was unequivocally opposed to the
right OF the President alone 10 remover
: The Editor of that Journal Ought to have known
better; for he has surely read the letters of Pacif.
Gus. During the discussions in Congress of May
and June 1883, this identical essay (of Publius)
was introduced as authority, (and I believe by
Mr. Gerry to sustain the right of the Senate, 10
its cooperating agency in tie task Of removal
II is also known that Mr.. Hamilton did at that
time, retract this hasty suggestion, one made
by him in the heat and hurry Of the battle, which
more reflection had induced him to renounce.-
And have no doubt, but that Mr. Madison dis
tinctiy recoIIects, that Mr. Hamilton did avow
this change in his opinion. IL is strange, indeed,
that the Boston Centinel, which has so long borne
an active and inquiqitive agency i'm controversial
politics. should not have treasured mp this circum-
stance, with its party "reminiscences. 1t may be
alike uDknd and unjust to set down, this apparent
forgetuness, to the account OF moral obliquity or
party convenience; nor will do so. The procla-
NATION OF neutrality was issued by Gen. Wash
'ington, think, i'm April or June 1893, and il was
defended In series Of letters over the signature
OF Pacificus. These letters avowedly the
offspring Of that powerful aud luminous mind, that
Penned the nth number OF The Federalist. Mr.
Hamilton was their avowed author, and they are
usually bound up with the Federast.- In the
first OF those letters, Mr.. Hamilton says: " The
general doctrine OF our Constitution is, that
the Executive power of the nation, is vested in
fhe President, subject only to the exceptions and
qualifications, which expressed in the iustru-
ment'-snd again. in speaking Of the agency Of
the Senate In the Treaty and appointing power he
remarks, /" That these exceptions out OF the gene
raj grant, are to be construed strictly, and ought
to be extended no luther than is essential to their
execution" This mode OF constituting the con-
stituton Che declares has, indeed, been recognis-
ed by Congress, in formal acts upon full consdera.
ton and debate; or WHICH THE POWER OF
REMOVAL FROM oFFIcE is AN IMPORTANT
INSTANCE" Here he not only discloses his
own opinions upon this question, but sustains them
by the concurring sanction OF Congress. The
letters OF Helydius in reply, were written by Mr..
Madison, but, on this point, there Is dscrepance
in their views, and he again expresses the opin-
ion formerly advanced upon the floor of Congress
The authority then, Of these illustrious names
far from drawing this power into question, afirms
AMI sustains its existence, inJispensably neces.
sary TO tho end, that Executive energy, may be
Combined with Constitutional responsibility
The people, the States and the Representatives
Of each, have facility conferred this power in IN.
Executive hands In the restless enthusiasm, for
been made, 10 strip the President OF this authority;
while each successive Chief Magistrate has ex-
ercised II in numerous instances.
IL we iuit 'he pursuit u an'hofiiy and recur 10
prinoip'e, The power is lutte suffice; to cavil Or
20 question. Ia The allotment Of power 20 the
Executive and Legislative branches Of the Fede-