Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-05-04
STATE OF THE BANK OF THE UNITED STATES,
DEBATE IN THE sENATE.-AparL 81.

POUEH OF f[EIUO( II BY THE fhESIDEWI.
| Theresolution of Dir. BARTON, calling upon the
President for the reasons which induced him to re-
move Theodore Hunt from the Office of the Recorder
of the Land Titles in Missouri, being under consid-
Grafton
Mr.. HcKINLEY moved to lay it on the table until
FRIDAY next; but, at the request of Mr.. BARTON, the
motion was withdrawn.
Mr. Barton said he did not intend to re-argue the
general question of the powers of the President to
remove the federal officers, the Senate had reno
we'd the Injunction of secrecy from case, and he
had published his argument upon that question, made
in secret session on the 18th March.
There was, he said some popularity IN the tenure
of this oice which distinguished this from those
of the officers Who hold under the act Of 18th MAY,
1920, for four Years.
The office o. Recorder of Land Titles was estab-
lished soon after the purchase of Louisiana. Some
of his duties of ministerial, and some of iu-
dicial nature 1t first hold by ]. n. Donaldson,
Esq. who fen at the battle of North Point. near Bal
timore, the late war, until he resigned and left the
country Then by MIR. II. Bates, until he was cleo
ted Goyernorof Missouri, in 1924. Then by Mr..
Hunt, he present recorder, until some of the Office
hunting loungers around the President had pei studded
the Predentto exceed his powers during the present
session, and remove, or affect to remove him, to
make room for person now nominated to fill it.
From the establishment Of the Office to the present
.son Of Congress, it has been treated and con-
sideredas an Office during the good behaviour and
fitness of the Incumbent.
Not coming under the law of 1920, or any other
special law, as the tenure and duration of the of
fee, there was no power of removal but what could
be derived from the constitutional obligation Of the
President to see that the laws be faithfully executed
lie admitted that if the incumbent were guilty of Off
cia delinquency or labored under physical or men
taf disability to perform the duties the President
could suspend his functions for that cause, and place
cit person in his placethe whole proceeding being,
ike her originating acts Of the President, subject
to the subsequent sanction or restraint of the SEN
ate, participating In the dspacing well as the ap-
pointing of such officers, according to the coten1bo
raneous exposition aud original understanding of our
form as Government. He denied that in any cases,
except the CABINET Officers the federal officers were
intended b be rendered tho servie creatures of
the Executive, by being placed under his arbitrary
will but intended to be freemen lookinr TO the
faithful performance of their duties, and to the pro-
lection of ths Senate and laws, for their Offices
TWAS fit, lie said that the officers of despot should
live or die bt the breath of their masterthat suited
such form q government. Not so in a Republic
q goyernment of law.
Such was the exposition of the Fathers-such his
early lessons upon the nature of the government of
the United States. contrary doctrine ena bled q
president p use the Offices of the Republic as brides
or weapons rendered all our public officers civil and
military, dependent for official existence upon Pres
ident; ans put it IN his power to employ or WELD the
whole official force Of his country-nay the purse
and swofd of the country, against its liberties when
ever hepleased.
the President is to the people than the Sen.
ate-hoding for only four years, and the Senate for
six; and that therefore, he should be left to bis res
possibility the esd of bis term to the people, with
out examination restraint by the senate during his
term. Mr.. b. said, he had been taught by the CO.
temporaneois expostions Of the Fathers, that the
long term, md comparatively independent tenure o.
Senators, was the very reason why the founders OF
| the Republic gave to them the high charge of res
training President at every step during his term
supposng il impossible that such body, the mos
permanent and constant ofany in the Government
could ever NEEDLE in the election of President, or
prostitute their stations to the end of party strife.
But said he, look at the inconsistency of the ma
jority! They say the President is responsible to th
people at the end of his term; and, by way Of ena
bling the people to Judge whether he has, or hal
not abused power entrusted to him for the pub
| lie safety, they refuse to let the people know 70
what causes the power was exerted! How cal
the people tell whether he was right or wrong
wien thus kept in the dark
To remove for cause relating to the official conduct
or to the mental or physical fitness of the incumbent
isa public and patriotic virtue; but to pervcrt tht
power, which we all acknowledge to the purposes
furnishing freemen for their opinions votes, or K
purchase supporters, reward office hunting wrei CHI
IS for their prostituted services or acclamations
would be great ofence-a gross violation of on
constitutional rights by President. How can tn
people tell for which cause the power was exerted
unless the right ofinquiry into the of the reno
walls be tolerated. he re-asserted that the cause in
stead of being state secret, the very essence
the power to remove at all; and nothing but consci
BUSINESS of having violated the duties of President
and the rights Of the citizen, could induce any Prcsi
dent to submit to be thus covered up in The dark
ne could Ind Senate servie and Corrupt enough I
screen him from the public eye and examination.
But, Mr.. b. said, he would put this CALL moreover
on the ground Of public interest by presenting to tn
consideration ofthe Senate the case as really exis
teo, III relation to this Office There was conbina
ton ofspecuators, official and unofficial to make for
tunes by getting the uncon6rmed Spanish land claims
amounting to some two three millions Of arpents
confirmed by tbs government. They were men VIII
nad engaged on shares to do this for the old inhabi
tants and other claimants Hitherto. even with Nh
MD OF their own interested oaths and oicisl helps
| tney bad been unsuccessful, except in few SINAI
claims. They bad made war upon all honest men
pnohc tunctionaries, who had stood as barriers q
galnst their schemes, and eDdeayored to prostrat
them' Their object is TO have every honest man re
moved out OF their way and among tho rest this re