Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-04-30


latire powers of the government, to make tn,
offices of the country the private property of th,
President to buy votes, or punish opponents or {,
render the cause of removal less the very gst of thu
whole proceeding than it was before that law
| IftEe proceeding were by impeachment udict-
ment, Information, civil action the cause woult
be the gst of the whole-on that the issue wouldibe
tried, and that judgment of condemnation would
be rendered. before the removing power could be y
erted
! And when with the sole view of saving the public
moneys, summary proceeding is given, docs the
cause of removal becomel less essential, Does the
necessity of assigning it, the right of the Senate g.
public to know it, become less absolute,
The necessity and propriety Of knowing the cause
become more imperous, as the proceeding is render
ed more summary, because there is more danger OF
the arbitrary viii of a single in the latter than
III the former mode of proceeding.
| The cause gives life and action to the power of
removal Until the cause be given, the power re-
mans dead letter, mere power in abeyance. The
law OF treason confers sautary power on the Judi
ciary Department of the government to condemn the
traitor; but until he overt act or the cause of ap-
plying the law exist, the judiciary has no right to is
sue mandate to hang man. The Executive De-
partment has no more right to the provisional
power OF removal until the cause occurs than the
judiciary has IN the other case The power in both
cases is pubic trust and protest with the con-
sttution OF our country in our hands, against keeping
the cause State secret, and thus establishing q Sc
| cret, dark and understandable inquisition!
The Legislator, in 1920, naturally asked himself
what term and tenure of office would attain the de-
sired public security,
To hold for life would be too ;rresnonsbIe 10
Tx his tenure during good behaviour would not rem
edy the evils Of the old law; then there must be
process ut law to convict him of the cause before
the removing power could be exerted To make
him removable at the will of the President alone, as
In the case of 1889, would make the President too
absolute. And hence the provision for Il term of
years. provided he so long behaved faithfully reno
veahe at the pleasure of the appointing power, du-
rhg Ills teru lie gave cause, and the is just
as material and examnable, here, as under the old
law. Under both it is the very essence of the
matter The summary proceeding to stop the
career OF delinquency, and not 10 confer arbitrary
power.
And where is the provision in the law of 1920 pre-
Stunning to confer upon President the antrcpublcan
power OF holding dark inquisiton striking officers
from the roll, and then refusing tell the causes? Or
making the cause secret Of State, or the removing
power an Executive prerogative absolute as that Of
an Autocrat OF Russia over his serf, or king cs
Persia his slave?
No sir this class of the officers of the public do NOT
hold their public stations the cabricous will of n
ny man; but by legal tenure for fur years, provi
ded they so long perform their duties and retain the
fitness for the station.
! Mr. Monroe removed Surveyor General of Hi
nois, MISSOURI and Arkansas under similar law
for causes sustained by judicial proof taken in sui
to which the officer was party.
The aee9 sas was vas nssa and present and
Monroe referred the matter to his Attorney Genera
,(Mr. Writ He reported the causes, sustained by
PROOF: That report was then submitted to his Cab
met for their advice
! Mr.. Monroe and lis Cabinet did more than the,
were bound to have done but they erred at ALL or
the side ofco constitutional light and liberty. There
was no suppression of the removal, or dark
inqulsitIon there. 7 here skulking from the
light of day, like guilty Adam among the thick
shrubbery OF Eden in that, there is in the present
administration.
Let us now assume q new point of view, and look
at this matter IN another aspect; for its acknowledge
ed Importance demands ali our attention.
10 create lawful vacancy by removal or resigna-
ton, there must be lawful removal resignation.
Every custer by physical force, is lawful reno
VAL nor Is evey forged paper valid resignation;
every feIgned death vacation Of office.
| Nominations to fill vacancies must and do state
how the vacancy occurred; and 10 what end, if The
Senate had nothing to DO, pretended, with the
question whether there lawful vacancy or not:
A is nominated in place OF b, resigned. B comes
and shows the paper TO be forgery, and resigHa-
ton. Or IN place of ID deceased; ID exhibits himself
III full life. Or f. to be Chief Justice ofthe u States
in place of John Marshall, removed. Every body
! knows the Senate could and would inquire into the
legality of the pretended vacancies, and the
procedure the two first errors in fact;
and in the last as error in law. They would
look behind the nomination, and take notice that the
President has no power by law to remove the Chief
Justice; but we would reject E, and leave the Chief
Justice to the hand of time, and his legal tenure.
So in these cases, the President has 10 more pow
to remove the officers of the public for their opin-
ion or vote Iii an election, make room for ia
vorItes, IN the absence Of any lawful objection, than
lie has to the Chief Justice or TO deprive
citizens of their constitutional rights, to change
our institutions into the monarchcal form. And,
there being no other objection them, they in
Office during their term, unless they give lawful
cause, thereby giving lawful power Of removing them.
at the end of his lawful term, he may be delivered
over to the cOrrupting party discipline of the times
to be bufetted; but there it is the duty of the
Senate to restrain the pervcrSion of the public Offices
into means afterwards and punshments; or of bribe-
| ry and tyranny combined, discovering such dis
position in executive-upon the high and patriotic
ground that such abuse power strikes at less
vital object than the root of our libcrtiesthe elect
i've franchise itself
Yes, sir, in all such cases as are now before the
Senate, the OF removal generates the power oil
removals and suc. has been the uniform and haTmo-
NOUS practice Of this government in all the balcyon
days of the Republic, land lawyers themselves do
not look for good preccdeus to troubled and revolt
tonary timcs as the commission any othcr offence