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

y" oPPoa'loh 10 thls ufpoHC inqulsiorlal ebust
OF power was frat unfnrlcd, in his memorial
conelJded IN common charity, when his reno.
val, pending his term. was announced 10 him
That some causes had been represented 10 the
Administration for such summary con.
demnatIon without notice and he asked for the
| cause.
lie asked the Secretary Of State and he de-
clined to answer him! file inquired then OF
ne President aud he stood mute lie be.
sought The Senate ofthe United States 10 tell
him. and The majority refused 10 print his res.
peetfnl and laconic memorial aud now declare
that they Will not even inquire into the cause of
his condemnation
Tho culpflt, arraigned at the bar. aud the
military. subject 10 the personal orders Of the
tfeHdent, aud liable TO be stricken from The
roll by his fat. are entitled 10 none courtesy
aud fairness than ihs
Aud On behalf of the outraged rights of the
country no" appeal To Mr. Madison, who is
sun lVmS anu Ia the Just spirits OF the iusri-
Gus dead whose voice Is 10 BE- heard ~ the con.
'ltutiou OF the United states in the cotempo-
'anrous eTpasrfions Of That instrument and IN
the ea,iy legislation of The country, and 10 the
laws OF the land, To learn the true extent ofihiS
power OF removal from Office the causes tor
winch II may be eker,ed, aud the concurrent
and RESTRAINING powers of the Senate OF the
united States, IN such cases, 10 secure the
citizen from the arbitrary will of single man.
The opinion OF MIR. Madison We have in the
case where by law the President has the abso-
Lutte power of removing his creature at will that
no ~auton USE eau be made even of that abso-
lutte p"wer-an opinion in consunauce with
the genus Of our Republic. which views all pow
ers rs public trusts and none rs mere preroga
lives.
The Constitution, Art, ., Sect. . gives the
appointment OF the whole class ui officers Oft
public now before you, with terms, tennres
aud duties prescribed by law, and not by Exc
! culge viii. to the President aud Senate OF the
United States. Congress has not though 1t It
proper # they possess The power, TO besow the
appointment elsewhere but has left tins
whole class upon the provisions of The cOnstlu.
ton.
have attempted To demonstrate, and the
Senator from Louisiana on l. admits, that
the doctrlre now cOntendrd Tor by the MAORI
~ annihllates the appointing power ofthe SEN
ate, aud renders the President absolute, and nj
liberty to keep in or turn out men in defianee
Of the Senate. The restraining power belongs
! to the organization Of the Senate Tor the public
security, is high constitutional trust without
winch the appointing power Of the Senate IS
annihlaied; ard we cannot renonnce it, nor
desert our constitutional post, a3 guardians Of
the public liberty. To abandon its changes the
nature OF onr government, aud, as you your
selves declared in MIR Adams time, makes the
President a Monarch
Under THIS dereliction of duty, the U. States
are no longer a Rep bic
Tell us no more Of The tyranny Kings, and
OF The servlllty Of parasites add Courtlers. how
ing and acknowledging TIVE Kmg can do no
wrong" II is striking circumstance that they
who have pretended most regard for popular
rights and democracy, are the advocates Of
the alarming power now conceded to the Pree
dent.
Let us now hear the contemporanrnus oHpnsi-
tors oi the Constitution, TO learn # such arb
trary and unexaminable discretion was con-
templated. Mr.. Hamilton one OF the trainers
OF the Constitution IN tue 77th number of the
Federast, says, when he, and Madison, and
Jay, were eAponndug the nature of our gov
eminent 10 induce the people to adopt it;
" II has been mentioned AS one of the advan-
tage5 to be expected from the &C. operation Of
the Senate in the business OF appointments
that II would contribute IN the stability ofthe
Administration. The consent of that body
would be necessary 10 displace MS well ms ap-
point. A change of the Chief Mag istrate,
therefore, would not occasion so violent or 50
general a revolution In the officers Of the Gov.
eminent as might be expected il he we're the
sole dispuscr of offices. Where a mau in any
station had given satisfactory evidence OF his
fitness for it, n new President would be res.
trained from attempting a change IN favor o +
person more agreeable 10 him, by the appre-
hension that the dscounteuance OF the Senate
might Illustrate the attempt, and bring some
degree of dscredit upon himself Those who
can best estimate the value of a steady adj
minisraiion, will be most disposed To pIze
provision which connects the official rxs.
lence of public mep with the appreciation or
dsapprobation of that body, which, from the
greater permanency offs own composition,
will, in all probability, be less subject 10 III
competency than any other member OF the
government
After rcfuting some objections of that day,
that the Senate would influence the President
aud assume the control of the government, Alr.
H. saws, al by influencing The President be
meant re5'rainiug MIN, this is precisely what
must have been intended. And j, has been
shown that the restraint would be salutary, At
the same time that il would not be such as to
destroy a single advantage to be looked far
from the uncontrolled agency OF that mngs-
trate. The right of nomination would produce
all the good wth0utthe i'll,
Some annotstor to tbis number Of the Fed
erast has appended note saying, " this con
struction has since been rejected by the Leg
stature and it is now settled in practice that
the power OF dispacing belongs exclusively TO
the Pre- sident'
This note ough, to be erpunged as calculated
10 mislead students and weak cabinets. Its
not rue, in point of TACT, that the Legislature
has rejected this construction nor true, IN
point o law, that the Senate can Ienoun@e an
belong 2 ~
Their organization, and chiefly distinguishes our
checked aud restrained Executive from one Of
arbitrary will.
The whole idea ofthe annotator was taken
from the laws respecting the assistants OF the
President 10 perform duties prescribed by him
AS under the act Of 1880, and not applicable
To the officers of the public OF OF the law, TO
ne,form duties prescribed by the laws Of the
land
The correctness Of Hamilton, and the error
| of the ann1laror and his disciples OF the ma