Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-04-24

of officers of the law--whoso term; tenure md tu-
ties OF Office are fixed and prescribed BY the laws Of
the land, and not by tue Executive WILL as in the
Their elass first class assistants to tho Pre-
sdent, and made removable nj his pleasure by law.
Bat this class Of Federal officers public proper
", una not removable at the arbitrary viii OF Pr,
sdeut. II good and faithful, the public is interested
IN their services if bad aud un!aithfal, the public
good requires their removal in the mode proceed
ing required by the respective tenures OF their Offices
AZ prescribed by the known law. A dark and secret
'nqusi,ion was never intended 70 be admitted into
our institutions nor u refusal to tell the cause
OF Objection and condemnation heretofore known to
the genius of our Republic; not to the military
sueect TO orders nor to the culpr ar.agncd as the
bar.
We ADM. the legal right I'D duty of the Presi
dent to supcrsede, susrcGd the functions or if you
prefer the term, remove District Attorneys, Mar.
snas, hcgstn-5 and Receivers of Public moneys, and
SusoIn .iousc officers, g. especially the whole
o:-ss OF our money gathering Agents, aud such O.
theirs as arc made removable by him, for cause re-
iating to their official conduct or fitness for their
stations; but such removal suspension is subject TO
the restraining powers of the Semitic on shown.
The public interest and safety require it should be
$50; aud our institutions are CONFIRMED to the
gency. This, like other powers, is public trust,
ana 20 fervcrt from its original purpose is abuse.
and mol lawful use of the power. The cause Of
removal generates and gives lfe to the power of ia
n,ovai as the overt act of treason gives application
and life to the power Ia hang for Will any
Senator here uvow tie opinion that these Offices and
their monuments, or the provisional removing power
OF the Frcsdent, were designed either the means
oi bribery or instruments of punishment i'll the hands
OF candidate for the Presidency. or Of President
IN Office, 10 buy votes, punish the opposing votes
IN our Presidential cont ests! Not one man will
vow this That would he grossly abusing power
conferred Tor the pubic good and corruptllI the
~ sources of republican,, elective. and representa-
tive govcrnuentthe great elective franchise t.cif
a removal OF this cl1ss of puS,c officers is, like
nomination tor of,e, only provisional and nchoatc
until heeU'ues absolute mud dcfini'ivc by the subsc
daent sanction oftkc Senate, tn be given in
tabiishcd and long prnctSed manner Of proct ednC
upon Executive business
AS IN nominating TO Office so also in removing or
disp!acing from Office, in this class of The public U
GERS, the ririnstiur act is and for the pubc convc
nience ought DC wi the President; and in ordna
~ cases and times tho of the President receives
The undisputed sanction Cf tho Senate. All past
experience shows this to be tho fact either because
the representatives or Senators of the person noni-
mated or removed know his suiablenessor qualiica-
ton for Office, the of his removal or because
Presidents are not ordinarily disposed to abuse the
powers; but for the security OF the public if there be
an allegation suggestion Of the upf ness OF the
nominee, or OF the llegaGy of the removal, ii be-
come,the duty ofhe Senate to inquire into the mat
ter, and act accordingly, by an active cxertion of
their restraining power One design of reprssen-
ration IL TO avail the public of the better lights from
Inc scenes OF appointment or removal than Presi
dent, pent up in the MOI w. -, =, INV,
Bat let me exam ne the true nature and ext. mt Of
the dcsp Jtism now procaimed'by the majority, the
arguments BY which they attempt to sus ain them
selves III their new auto cracy-contrary 10 oil their
nrgdmeEts, reports and votes heretofore and if pos
sloie Tie Causes and practical consequences Of this
astounding proclamation. 90
Thu TOGndcrs OF the Republic, and the people Of
the Unit, d States, when they adopted the Federal
Constitution, especially Jealous of the pnwers of
the President, and the encroaching spirit of Execu-
tive will
TO tht point al their principal fears were coucen.
trated; and the history of that day show that IT
with difficulty the people Of the United States
could be induced to adop, the Union lest the Presi
dent, with the powers then accorded to him, should
become the destroyer of their liberties.
Their fears or Exccu i've encroachnient were not
idle chimeras Of the fancy; nor were they affected
from mere lmpatence of regulated liberty and gov
crnnent Of laws. To them they we're devoted. The
histories OF all nations which had lot their liberties
lay open before them; and they saw on their pages
tina; arbitrary Executive discretion and will awaiting
themselves OF the spirit Of dscord among the people,
n,.i the want Of frmnes5 among their Representa-
tiyes, governments where the Representative prin
cple wns Sdopted bad been the dcstroyers of nation
al liberty throIg hout the greater part Of the world
where wild anarchy had not sappanted them. and
that they had efTecte ter conquests by gradual az
proaches and by corrupn tbe sentines of6erty; and
the fathers did intond and the most OF them have LET
this worid IN the paternal confde "a that they had ef
iected the object to establish goeErn,nent OF law,
and of Checks aud restraints upon Executive will, in
humblest citizen, whether in private or pubht life,
could depend upon the arbitrary will of single rds
No, their fears were not idle and with such lights
before them; and the then recent claim 70 arbitrary
power urged by the British Crown thrilling in their
1osotns, they never would have adopted the Federal
Constitution without the restraining power and duty
Of the Senate during the Presidential term when I'll
ever he would be disposed to violate the rights of
citizen.
Thepoweris now boldly asserted on this floor by the
majority for the first lime since the foundation Of the
Republic, Of removing this class Of Federal Officers
by the President at discretion, without the slightest
restraint by the Senate, and without even the right
OF cuprit to ask the cause ~ condemnation, upon
blind and seTve prsRinp,on on the part ofhe SEN
ate, that the cause was lawful and good
And trsversipg the line Of their whole lives, and
their recent under the late administration the
majority have proclaimed this subject on abso-
lutte dcspotism and right Of dark and OK parc inqu-
siton! II fell upon my like the anathema of The
minority pronounced from the modern Vatican! II
sounded like the KEEL Of our Constitutional liber-
ties!
And let not tho Senator from Tennessee (Mr.
n