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

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wards arbitrary power
/, But Hamilton was tame republican in favor
f Of a checked and restrained Executive and II
bias 10 arbitrary power be n proof OF true
, greatness, II not much greater, more dsiniercs-
ted, statesman thau Hamilton are here
Tie Senator from Virginia (Nr. Tagewel)
has read us the form of commission, stating
that the office, IN such cases ms wa have before
US. Is held at the pleasure ofhe President A
tnll proof of The constant cncroachment OF Ex-
eouiiye will, and OF the necessity for an equally
constant restraining power of the Senate. ms
! taught by the fathers butno proof whatever
| that the Clerk or Attorney who made the form
OF The commission, did thereby repeal the Con.
sttniion aud laws. and the checked and res
trained organization of our Federal Executive
/ which dis neushes IL from despotism for a
term OF years.
will now approach the stong hold OF mod
ern democracy. claiming understandable Lac
cuiive power ~ removals from office supposed
bg the senator from hrw Hampshire (Mt.
! Woodbury. 10 confer the power now claimed,
upon the President
The act oi 18th May, 1890" to limit the
term OF OIL = Of certain officers therein pam.
ed and FOR ulhcr purposes The acl then
names the very cPss al money gathering pub.
lac officers now before US. AUDI leaVes the APP
pontmeut 10 the President and senate. There
! ~ no hing IN the title OF the act mat uS
OF change IN The relative powers of the fresr
| dent and senate premonlshes Us OF the APP
| preach OF dar4 lnquisition, despouc power, or
| the downtul OF constitutional liberty. The po-
litleal aspect oil the act fofebodes no revolution
| OF power. All seems 10 be merc niiir OF
money 10 secure our revenues from the nhlell-
! ~ oil delanlling officers Of the Treasury De
| paftmrnt II establishes the enure Of office
III these words" shall be appointed Tor the
term of four years, but shall he IemoVcahle at
pleasure"
At whose pleasure, pray At The pleasure
OF the Prime Minister OF the premier's sweel-
heart Or is At Attic pleasure Of the frcSi
| dents arbitrary will
answer no, for that would annlhilafe the
| appointing power ofthe Senate, aud make the
act unconstitutional, us the Senate cannot re
| nounee even by law, the restraining power
| hat belongs 10 its constitutional organization
| not for It's own honor but for the safety OF
| the public ; bun al the pleasure OF tho appoint
| ing power, IN the ordinary, and luther 10 harmo'
NOUS mode of originating by thu President,
| aud sauCttonng OF restraining by the Senate
| h. conslruc ION must be in favor OF the llber-
! ~ OF the citizens, and not in favor of the aibi-
trary power, # the law were doubtful. EYen
IN the monarchy OF England that IS the rule.
! Lei us lake lhc good old common Inv, and
| good old common sense rule OF construction
| laid down Ivy Justice Blackstone aud consider
| The old Law +; the ID scuiel Of the old law and
| the remedy proposed 10y the new law, aud 30
! contrue Il rs 10 suppress the mischief, aud por-
| mote the remedy
| by the old law there was no summary power,
except the disputed one of taking care tina the
! laws he faithfully rAecnted. 10 arrest the career
! Of Official dtlnquency-nnd the process WIS
! doubtful aud datory by winch TIN cause ofre
! L. Ib.F k,tl
Impeachment, indictment, information, or civil
| SUIT
| The evil of the old law, was, thai while the
! government was podding through some tedious
process Of law amidst It's delays aud proven
! bill uncrrtaiolirs the detaulter could embez
| 2e or funds and rein on, affairs So lar as
| they lay within control. aud eseape 20 Texas,
the West Iodies. Mexico, south America, Of
! Europe, before the process Lad h'cerlaIned
| whether there were lawful causes for removal
| or mol.
| Aud the remedy here proposed is the snm-
| mary suspension OF the fnnrllons Of the officer,
Tor cause subject to tho constitutional restrain
| ing powers of the Senate as ia all other Ike
originating acts.
| Thus we see it was lar indeed from the de-
| sign of that law, even were II practicable, 10
| change the relative powers OF the government, |
or 10 make the officers of the country the pr |
waite property Of the President, 10 buy votes. OF
punish opponents, or 10 render the cause Off
lnoyal less the very gist Of the whole proceed |
ing than it was before that law.
1.-THE proceeding were by impeachment,
Indictment or information. or eifll acton, the
cause would be the gisl ofthe whole-on that
the issue would he ioned--'hal woul be tried. |
aud on that judgment OF condemnation would |
be rendered, be fore the removing power could
DO exertrd.
Anu when with the sole view OF saving the !
public moneys. a summary proceeding Is gwen.
de, the cause Of removal become less essen
tiaI7 Does the necessity of assigning It, or The
right OF the Senate aud publi3 10 know II, be
come less absolute
The necessity and propricty oil knowing the
cause become more imperious AS the proceed |
ing IS rendered more summary, because there
is more danger of the arbitrary will Of single |
man in the latter than III The former mode OF
proceeding.
The cause gives life and action to tho pow
er ofremoval Until the cause be gwen the
power remains a dead letter, a mere power in
allowance. The law of irehson confcrs saluta- |
| ry power on the Judiciary Department OF the
| government 10 condemn the traitor but until
! The overt aCt or the Cause othpplying The law
exist, the judiciary has no right To issue man
date to hang man. The Executive Depart
ment has no more rightto exert lhe provisional
/ newer OF removal until the csu=e occurs, than
/ tine iu1iciary has in the other case. The pow
err in both cases is public trust and we pro.
/ test. with the Constitution OF our country ~
our hands, sgains, keeping the cause a state
secret, aud thus establishing secret, dark and
understandable nqusllon
The Legislator ia 1920, naturally asked
himself, what term and tenure of office would
attain the desired public security
To hold for life would be too irresponsible
To FIX his tenure during good behaviour, would
aol remedy the evils oil the old law then there
must be a process at law to convict him Of the
Cause before the removing power could be ez-
erted 10 make him removable al the will OF
the President alone as 10 the case oil l1S9,
would make the President too absolute And