Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-05-03


for four yeats provided t0ey so long perform
their duties. aud retain thei fitness for the sta
| ton.
| MI Monroe removed Surveyor General OF
Illinois, Missouri. and Arkansas, under simi-
lar law, for causes sustained by Judicial
proof, taken in a sui 10 which the olheer VAS
party
The accused was notified and present, aud
gave all exculpations and explanations IN his
power. Mr.. Monroe referred the matter TO his
Attorney General mir. Wirt) lie reported
the cause, sustained by proof That re-
port was then submitted 10 his Cabinet Tor their
advice.
Mr.. Monroe and his Cabinet did more ,hnn
they were bound TO have done but they erred,
I AT all. ON the side OF constitutional ight aud
liberty There was no suppress Of tue
causes of removal or dark lnpuisltion there.
There was no skulk,ng flsm the light OF day,
like guilty Adam among the thlGk shrubbefy Of
Eden, IN thai, rs there Is IN the pf'sent hdmin-
lstratnn
Let US now assume new point II view. mud
look al this matter III another aspect for
its acknowledged importance demands all our
attention.
To create lawful vacancy by removal or
resignation. there must be "A lawful removal q,
resignation. Every custer by physical force.
is not II lawful removal not Is every forged
paper II valid resignation; nor every ir'gned
death vacation OF Office.
Nominations 10 fiji vacancies must and do
statt how the vacancy occurred and TO what
end, II the Senate had nothing IN 90, as nov
pretended. with the question whether there was
n lawful vacancy OF not
A IS nominated in place ofB resigned Il
CONES aud shows the paper TO he a forgery and
no resignation. Or &, IN place Of ID, deceased,
exhibits himself IN full life. Ga L. to he thigl
Justice OF the United States ~ place ot John
Marshall, renl0peG Every body knows the
Senate could aud would inquire into the legality
of the pretended vacancies. aud correct the
proce cdure IA the two FIRST cases ms errors IN
fnc aud IN the last case as error in law,
They you'd look behind the nomination, nnd
take notice that tue President has no power by
law 10 remove the Chef Justice but we
would reject t., aud leave the Chief Justice To
the hand of time, aud hik legal tenure.
So IN these cases, thu Presldoni has no more
power to remove the officers of The public Tor
their own opinion or vote in an election, nor 60
make room lor favoriles, in the absence of any
lawful objection. then he has to remove The
Chief Justice, Or 10 deprive ciil2ens OF their
constitutional rights, or 10 change our ins,itu-
tons into the m0narehleal form And, there
being no other objection TO them, they are ~
Office du,ihg their Term, un ess they give lawful
cnnse, thereby giving lawful power Of iemOvi0g
them. At the end OF his lawful term, he mny
be delivered over TO the corTnpiing party dis
riplne Of tht times, 10 be- buiIeitrd bul eson
there il is the duty of tho Senate TO roafniu
the perycrsion ii The public Offices. into means
Of rewards aud punishment, OF ol bribery and
tyranny combined, on discovering such IA dis
position IN an executive upon the high and
patriotic ground that such an abuse Of power
strikes NJ no less vital objccl ihan the root OF
our liberties thu elective ir nrhiso Itself.
Yes sir, in all such cases rs are now before
the Senate. tho cause OF removal generates
the power of removals and such has ben The
uniform aud harmonious practice OF tins go
vernnenr IN all the halcyon days ofthe Eepub-
Ire. (and lawyers themselves do not look for
good pIecedenis 10 troubled aud revolutionary
tImes,) ~ the commits ION 81 any Other offence
gives application and life 10 The appropriate
power Of prevention for the future. by punish
ing for the past which bu. for the commission
OF the uif nee would have lain dormant Tor
ever.
now appeal 10 tho settled practice of the
Senate for half a century, and will quote the
MAJORITY against themselves, IN support OF the
republican character Of our government, IN
opposition TO the new despo'Ism now declared
on this 1oor. The gentleman from Delaware
has taken 80 ample rs range over this branch
of the srbjri that | shall content myself with
= few prominent instances.
| In the celebrated contest between Mr..
Monroe aud the Ssuatr. upon The military nom
nations IN the year 1s22, the Senate looked
behind the nominations of Col. Iowson and
Gadsden, without any objection TO them, aud
there found Gen Bssel and Col Jones IN IA
situation lint in the opinion OF the Senate gave
them right II the Offices ofC oil bud Artillery,
aud Adjulant Genoral--and practically assoc.
ted their restraining power by rejecting the
nominations OF the two former officers to Gil
those II Cos. MI Monroe acquiesGcd IN The
decision Of tho advisory power Of the Senate.
and nominated Colonel Jones, who NOW holds
he tfcr of Adjutan General and Mr.. Ad-
ams when President acq"eSced IN the case
OF Bissell aud nominated him for The other
Office. General BlsseIls friends coolendcd
he was in the Army, liable TO be arranged 10 thai
service by ORDER aud needed no nominations
aud elected il on that ground, us II would cnt
of some years pay u appoint him anew. On
the Committee that recommended this course,
was the Senator from Missouri. (Mr Benton.)
There was a contest ~ the senate con
corning the true construction of he Law Of 1921
to reduce the Army hut none upon the great
duty Of the restraining power Of the Senate, al.
though the President had The right by law 10
strike officer from the roll, as be bad not pro-
ceeded under that power.
Q Ia the Panama discussion u report in 1926,
when Mr. Adams was President there was
dispute upon the expedency of our attending
or participating in the proposed AmorIcau
Congress a, Panama aud Tacnbaya but none
as TO the restraining powers of the Senate.
The present majority, or so many as had seats
here at TINT time, acted upon the con
prehcnsye principle-ihat il WINS the right and
duty Of the Senate TO Look behind the nanna
tons, and re explore all the ground over which
the mind Of the President might he supposed
10 have passed in arriving at his conclusion TO
send IN the nominations.
On Feb. 90, 1920, Mr.. Rowan submitted a
mong Others the following resolution, which
on the 22nd were modified by Mr.. Woodbury..
except the following, which they both voted for
MS IL is
4, D A.. 1, ,a ,ha 10 d