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

appointed men. out Of doors. are rsi.ing against the
Chief Magistrate Of the People. While they are inde-
pendent, those men win call them corrupt.
Having exhibited what I think must be an abundant
refata,ion of the charge 81 ex,ravsgance, so persever-
expenditure OF the public moneys, let us now see whe-
ther there is not some evidence, not only that there is
no illegal or ex'ravagan, expenditure, but of a system
which has already effected some savings, and promises
greater, by the application OF greater vigilance, and the
Introduction Of new check. in the administration Of the
revenue. | speak only facts that are notorious; but I
have reason to believe that others Of the same nature
exist which win be developed when time is given to-
put the system in complete operation. One collector
whose accounts had been frequently examined under
the late administration, without the detection of any
fraud or error, was, in the course OF the Summer. found
to have distracted the sum OF $4,000; another, near
ly under the same circumstances, was found in arrears
to the amount of $50, 900, and both have ab'conded; a
minor defect was found in the acrounts Of the Patent
Office, ,l.o undiscovered, from the want OF official SUI
perin,endence; and. by the introduction Of a simple sys.
tenn Of checks, Losses can never again occur without
detection before the amount he comes considerable.
In the office of the Treasurer a most material and
highly important check has been provided. Hereto
fore, the Tieasurer might, by his own drsugkt on the
hank', with no other guard than is registry, command
all the moneys in the Treasury. The highly respec-
liable oh ,ra~ter Of the venerable officer who held that
place from the first institution Of the Government, rem.
iered every check on his draughts unnecessary, and
the integrity Of his successors has secured the public
against any loss, and forbid the suspicion Of any. But
the Senate will perceive how necessary it was to- in
troluce a different system, as well to guard the repu-
taton Of the officers from unjust suspicious, as the Trea-
sury OF the Nation froiA enbezzlement; one has BEEN
provided, which, by requiring the signatures Of differ
ont officers and registers in their respective offices, ell
fectualiy answers the end. The value Of this single
regulation can scarcely be too highly sppre eiated. See
ing these eviiancies Of regularity and economy, AMI
hearing of many others, that either have already ta-
ken place, or are projected, I cannot but consider the
charge Of ex'rav,gance az entirely undeserved. When
ever il shall be again made and supported by proof, /
promise the gentleman that'no one will go further to
blame or TO correct the evil than I will. But, il l dared
to offer my advice to men who want it go little, I would
say, reserve your invective against extravaganza until
you have clear proof Of its existence; by making IL
without reason, now, you lessen the weight Of your
testimony hereafter, when, perhaps, 1t may exist.
NV friend and worthy colleag que seems 10 have trans
fired this charge from the President 10 those in this
House who favored his election; he has taken up tho
report Of a Committee OF Retrenchment at a former ses-
sion, and rebukes us for not following up the plan
traced out in that report, some Of which reforms he
has honored with his appreciation. II this is meant
as a reproach upon the administration, il is hardly a
fair one; for l kDsw Of no means, Of no influence, by
which they could induce the members Of this body TO
pursue the course Of reform, other than that which
has been pursued; the Presidents message, VI acted on
in the spirit which dictated IL, will certainly satisfy
the severest economist; and although I am not prepar-
ed to say that should adopt all the measures he re-
comments, yet he sufficiently indicates a desire to
advise and approx, every plan for reforming abuses
that the wisdom of the Legislature might devise.
Let my colleague, there ore, give his aid in the work;
let him select the measures he approves from the report
ofthe Committee, support them with the ability he is
known to possess, and there is no doubt they will be
adopted; in the mean time, a little patience will show
perhaps that others are laboring in the same cause, and
tits hoped their labors will be successful.
The remaining charges are go connected with the
constitutional question of the right Of removal from
office, that it will he necessary TO examine the several
doctrines now resuscitated after having been at rest
forty years. The fret position Il do the Senator from
Delaware the Justice to say that this strange construc-
ton is not hs) is, that the power Of removal from Office
is annexed to the appointing power, from its very ma
ture; and that the new Constitution having vested tho
right of appointment in the President, by the advice
and consent Of the Senate, the same advice and con-
sent is necessary to effect a removal. There is so
much color for this argument, that, at the outset
of the Constitution. men OF much discernment wer0
deceived by the fallacy it contains and argued SIREN
uoIsly Tor the j'int power; it was, however. differently,
1889; and from that time to this has not as 1 hope also
10 show, been depared from
! One error of the argument lies in the fret position
. assumed, that the power OF removal, where there is no
constitutional contrary provision, is inherent ia that of
7 appointment. II has no connection whatever with it.
The power OF creating vacancy might, certainly, but
confess, not without great Inconvenience, be vested
in one Department, and that Of filling il in another;
but they are not inse parable. The G. Constitution has no
express clause declarat0ry TN terms that the President
shall have the power Of removal; but it gives 1t to him
by a necessary inference, when 1t declares that he
q shall have the Erecutive potcer-the Specification Of
which is amplified in the subsequent clause, declaring
{ to be his duty to 'see that the laws are faithfully e-
ecuted." Here the power of removal Is as fully grant
r ed as fit had been d developed by the clearest peraphrase.
I No principle is clearer than that the grant of a power
or the requistion OF a duty, implies a grant Of all those
necessary for its executions; and 1t is equally clear that
the power and the duty Of causing the laws TO be exc
cuted must carry with it that Of selecting those persons
o necessary and proper to carry them into effect. But
IL, ahtcr having selected them, they are found unfit for
E the purpose, the same necessity exists OF changing the
selection which has been made; but this cannot be
Z, done in any other way than by removal; therefore, the
power Of removal is a power necessary for the due ex-
r ecuiion Of the laws; and, being necessary, must be pre-
sumed 10 have been given with, and annexed to, the
power OF executing the laws; which is the Executive
power Of the President alone, and cannot be divided
y with the power associated with him in making appoint
ments. II my mind be capable Of approaching the
force OF reasoning by deductions, this is conclusive.a-
gainst the participation claimed by the Senate in the
. right OF removal. But this is not all. Surprising the
position were true, that the power which appoints must,
is it appoints? The President: he alone appoints. But.
because there is a restriction on the one branch Of
a his power, by making the advice Of the Senate ne
cessary TO an appointment, does IL follow that he cam
not execute the other branch without that assent also.
He has two powers by the argument-to appoint aud
TO removes: surely the Constitution might reasonably
provide that the Senate should have a veto on the FIRST,
without having IL necessarily implied that they gave IL
ia the second. Let ii be remembered that the Senate
do not appoint: they can never select: they can only
approve or disapprove: they can advise, or refuse to
advise. But, independent Of abstract reasoning, let us
examine, from practical results, what the Constitution
really intended. The wise trainers Of that instrument
could not be ignorant Of the great republican principle,
that, 10 every grant OF power. responsibility ought to
be annexed-responsibility TO the laws Tor it's wilful
abuse or eglect-responsibHity TO public opinion for is
indiscreet or erroneous exercise. If there were,
hen, even a doubt of the construction in this case,
TO what sjlution ought this principle to lead usl When
a.. Dso.,l.,f r.nrox.o bfa anf il kuOyyn. sbnuit he art