Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-04-28

oy 'ahng away their restraining power, as thS col
umn or cdice Is Frustrated by removing the pedestal
or foundation that sus,ains il.
therefore you have proclaimed your President a
Moharch, according to your own promises and arru-
nents' by refusing the light necessary to the use of
the restraining power. Hamilton has been accused
OF too strong bias towards arbitrary power.
But Hamilton was tame republican in favor OF
checked and restrained Executives; and IL a bias to
arbitrary over be proof of true greatness. much
greater, II not more DISTINGUISHED, statesmen thun
Hamilton arc here!
The Sonator from Virginia MIR TazcweN has
reno US tue form of n commission. stuling that tho
oice, III such cases have eare u.s. is held az
the pleasure Of the President! A full proof of tho
constant cncroachment ot Exccutice will and of the
necessity for equally constant restraining poyvcr
oil INC Senate, rs taught by tho Fathers. but no
proof whatever that the Clerk Attorney who made
the form Of the commission. did thereby rrncal tho
Constitution and laws, and the checked and restrain
cd organization Of cur Federal Executive which dis
tinguisheS 1t from despo,ism for term of years.
VIII now approach the strong hold of modern
democracy, claiming understandable Executive now
or IN removals from office, supposed by the Senator
from New Hampshire Mr.. Woodbury. to confer
the power now claimed upon the President
Iho act of 18th May, l82O-sto limit the tern, of
once of certain officers therein named and Cor
other purposes. Tho act then names the very class
OF money r.hcring public officers now before ms
ana leaves the appointment TO the President and Sc
hH'e. lhere Is nothing in the title OF The act that
warns us OF change i'll the relative powers Of tho
rresiGent and Senate or premonshes us of the an
Peoach or dark inquisition, despotc power or the
doWH'Ii nt constitutional liberty. The political as
pect OF the act forebodcs no revolution of no,ycr
All seems to be affair of money TO secure o,jr
revenues from thc infdeli;y of dcfuliipp officer. Of
the Treasury Department 1t establishes the tenure
OF office these worls--'shall be apnointed f,r liz
term or four years, but Shall bc removable at plea
sure" " P
?, at whose pleasure, pray? At the pleasure of the
rune Minister or the premcrs sweetheart Or is
II al the pleasure of the Presidents arbitrary will,
r nj Io,,, kil,.o a..
ing power OF the Senate and make the act unconsti
t'onai as the Senate cannot renouncc, even by law
INC restraining power that belongs TO its constitution
al organfZOtion-no for it's own honor. but r,r .bo
safety of the puhlic;-but at the peasrte of Tho an
pointing power, IN the ordinary and hitherto bartpo
NOUS, mode OF originating by the President mud
sanctoning or restraining the Senate. The con
struction must DC in favor of the liberty of tho cir;
@cn and not IN favor Of arbitrary power if the law
were doubtful. Even IN the mona, civ of E,rl,nd
that Is the rule. Let us take the good old common
Jaw and common sense rule of construction laid
down by Justice Blackstone and consider The old a,
tue mischief OF the old laws and the remedy proposed
by the new law and consrue 1t as to suporess tho
mischief and promote the remedy
Hy the old law there was summary power; ex
cept tho disputed one of taking care that the laws
be faithfully executed, to arrest the career oGc;oI
dcIinqucncy-and the process was doubtfuIESnd dill.
Tory by which the cause of removal was to be es,ab
lished' whether by impeachment, Indictment nfo,
nation, or civil suit
The evil of the old law was that while IN. cro
vernment was plodding through some tedious process
OF law, amidst It's delays aud pfoverbial uncertain
tres, the defaultcr could embezzlc our funds and
rum our affairs, far as they Law within his controI
and escape to Texas, the West Indies Mexico Sortb
America Europe before the process had ascertain
ed whether there were lawful causes for removal or
not.
And the remedy here proposed is the summary
suspension oil the functions of the officer for cause
subject to the constitutional RESTRAINING noveTs oc
'hc e., senate as IN all other, sc originating acts
nus we sec 1t was far indeed from the design Of
that law, even we're Al practicable 10 channe the rc
iatlVe powers OF the government, or to mako tho
Ounces OF the country the private property OF tho
fTesident 10 buyvotes, or punish opponents hr To
'Ie cause OF removal less the very gst of the
whole proceeding than it was before that Inv.
If The proceeding were By imDeachment in,lict
nent, or information, or civil action the cause would
be the gist OF the whole-on that the ssuc would L
trieu, ana on Ihat Judgment OF condemnation would
be rendered, before the removing power could he ex
ctted. ~ "1 g"
And when, with the sole view saving The public
summary proceeding is given docs. the
cause OF removal become less essential? Does the
necessity of assigning it, or the right ofthe Senate g.
puDIic TO know II, become less absolutc9
Inc necessity and proPretY Of knowing the cause
become more imperlous as the proceeding is render
Gu more summary because there is more danger of
the arbitrary will Of single man in the latter than
IN the former mode of proceeding.
The cause gives life and action to the poyyer of
removal. Until the cause be given, the power re-
Nca" ictIeI mere power IN Allowance. The !
law of treason conlers salutary power on the Jrdi
clary department oftho government to condemn the
traitor; out until The overt act, or the cause of np
plying the law exist, the judiciary has no right to 10
sue mandate 70 hang man. The Executive De- |.
partment has no more right to exert the provisional
power ofremoval until the cause occurs than ,bo
Judiciary has in the other case. The power in both
cases is public trust; and VIC protest with the CON.
sttuton Of our country in hands, against keening
the cause State secret and thus establishing n see
cret, dark and understandable iuqusition!
Inc Legislator IN 1920, naturally asked himself,
what term and tenure Of Office would attain the do.
sired public security
TO hold for life would be too irresponsible. To
Tx his tenure during good behaviour, would not rem
edy tho evils OF the old law then there must be n
process at law 10 convict him of the cause before
the removing power could be exerted To make
HIM removable at the will of the President alone. as
~ the case Of 1889, would make the President too
absolute and hence the provision for O term of
yenrs, provided he so long behaved faithfully reno
veaole at tie pleasure Of the appointing power du
rng ms term If he gave cause, and tho cause is lust
as material md examnubo, here, as under tho old
law. Under both it is the very essence of the !