Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-18

pre, will the Legislatures Of our respective States
know which OF us have disappointed the expectations
they had formed OF the prudence, discretion, judg
ment OF their Senators, so that they may continue or
Withdraw their confidence! No, sir! the whole plan
would present the anomaly Of most important powers
exercised in Tree wi h)ut any check from
the fear OF pun.bment or OF popular dsfavor.
Ii II were possible then for III. Senate to participate
in this power, il would he not only contrary the true
construction Of the words OF 'oci~l compact, but
would be destructive OF one OF the important prn.
cples ON which il is founded. But IL r. totally imprac
ucable morally aud physically imprac in
ercSe, consistently with the existence Of the Cove n
meut. Take the of a Minister to a foreign Court
charged with negotiation Of the most important kind.
on the subject oil which the commercial property per-
haps the peace Of the country depends. he becomes
lgent in his spondence, he adics himself TO
TO pleasure, TO n,emperance he becomes unworthy o.
his trust from these other causes; from malady,
mental or bodily becomes incapable of performing hs
duties, he makes himself obnoxious to the Court to
which he is sent that hdemands his recall. The know
edge OF these facts is brought the President so af
the adjournment OF no cannot recall this
Minister because he has been appointed by the advice
and consent oil the Senate, and, by this newly vamped
doctrine, the same advice il scessary 70 dplacc him
The President must then the Senae sixty DAYS
at east necessary for this operation. All this lille
the unworthy, or nef Gent obno xous Minister mus,
remain to beuay or disgrace his country irre the
Power which he was sent to conciiiate. The Senate
are at least convened, and the President communicates
the information he has received. But here another
new principle stands in the OF his recall The Min.
ster like all other officers Ouch is the doctrine Of the
day. has an interest in his Office which il is injustice
tyranny and PRESCRIPTION, TO deprive him Of with.
out cause. He ought not then to be deprived of ,hi.
interest unhear; he must have copy Of the charges
the names Of the Witnesses time reply and right 20
examine his Evidence in discharge gentlemen mus,
acknowledge this, or they must give up their favore
cry oil oriental despotism and cruel prescription The
examination OF pare evidence here s quite as fatal
to the vested interest they contend for, any removal
the President has made. These formatiss are gone
through and at the end Of three four months the
charges are substanated, and the Minister is recalled
or the proof is not deemed satisfactory and he remains
having lost the confidence Of the President who il o-c
ed however, 10 retain him, and he himse rtatcd bv
the accusation, and endeavorDg defeat every peg,t
alton that will reflect credit the admins OF his
country Ten days after this trial is concluded before
the members from the distant States have reached their
homes, advice is received that collector is
with the funds committed to his charge; the same op
GRAFTON s to be renewed, the same delay incurred the
same waste Of public money. The same vexaton TO the
members OF this body, the mpos .bility-let u.
come to the conclusion at oncethe utter
bi!y oil carrying on the operations Of Government with
such machinery.
This seen, felt and acknowledged, a. have said
In the outset OF our Government and, from that time
the present, has never been made serious gu eson
Why is II raised now? Doubtless from console ntious
motives by those who advocate II here But out of bi.
House it has been Gin the total absence of better mat
ters, for reproach 10 the Presidency made party cry
which will be hushed the matter is examined
by an enlightened people, The gentleman from Della.
ware does not 60 this length (; his doctrine is this:
The President has the right ofremoval for just
ne abuses Tor corrupt or party purposes, he is ab
to impeachment.
Whenever the Senate suspect that removal has
been made without cause, from such improper or
corrupt motives, they may ask for the Of the re-
Roval.
The President is bound to communicate the cause
whenever II may be demanded by the Senate.
The Senate II he should refuse give any, or give
an unsatisfactory answer may, and ought reject sue
cessivey, all the nominations he may make.
And the conclusion to which the gentleman is brought
by this series OF positions is that the temporary ap-
pointment made by the President, being in force only
until the end Of the session, the vacancy that i, thu.
created not occurring in the recess and the
cannot be filled by the President but the office must re-
III ain vacant
these are, rs accurately as could them, the
petitions laid down by the Senator from Delaware.
Let us inquire whether they more tenable than
the general doctrine have just examined.
The first position accede TO. The Preside mt has the
right Of removal, and he is liable impe chmcnt for
corruption and malconduct in the exercise Of this
well any other of his functions. But hi. true po
siiion is fatal 10 all the which the Senator has
built upon it.
He admits the right of removal to be in the Presdent
without the advice OF the Senate. As ii is no where
in terms given by the Constitution il must exist as
necessary means of executing power which is ex-
pressy given hat is that power Clearly the Executive;
more fully expressed the duty Of ''seeing that
the laws shall be faithfully executed" He has il then,
amply, completely, solely, and the second member of
this proposition proves il he is improbable for corrup
ton in IFS exercise; he has the power without partci
patton, and must bear the responsibility withou. any
to share in it,
Ito be COntinued.)