Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-06
GOM@MMS SIONA1.
SPEECH OF MIR GRUMPY
CONCLUDE


SPEECH OF MIR GRUMPY.
(CoNCLUDEDo
We have heard much upon the subic ct of removal.
from Office Some gentlemen have charged the ad
ninlstration with prescription; and Senator mir
ones) still holder than the rest, has charged il with
glu'ting its vengeance" upon its enemies like moi
thls predatory warfare now challenge gentlemen to
come out boldly and discuss this subject with us freely
and frankly, not calling 10 their aid passion or feeling
these ac poor auxiliaries in inquiries after truth In
tnis way VIII endeavor to examine this subject and
afterwards viii make some remarks specially for the
gentleman from Maine, (Mr. Homes.) The question
as insisted on by the other side is that the Senate has
the constitutional right TO examine into, and Judge OF
inc proprety oil removals from office, and control the
Executive in the discharge OF this branch of his duty
we say the Senate possesses such authority, and
'hat our power is confined TO the question of fitness
uiulhess oil the person nominated TO succeed think
nave stated the matter in difference fairiy and will
proceed to its discussion This subject of great deli
cacy Ii not ony relates TO the powers the President
o he powers OF this House Ii we decide that the Pre-
sident has not this power, determine in favor of our
own We shou approach this subject with caution
lest we be msied by the idea which sometimes
he human mind that power is always dangerous in the
hands oil others, though entirely harmless i'm our own;
and moro especially should act warily when we re
collect that for forty years, since this government
went into operation, the practice contend for has
prevailed, b'ttomcd upon Legislative construction of
the Constitution made by the House of Representa-
lives the Senate and President of the u States in the
year lIS9. III those who insist the power of the
Senate are not warranted by the Constitution they are
guilty OF greater than that of which they com
pam. ihey are attempting to usurp power not given
10 mem by the Constitution. In the first place VIC will
examine who possesses this power of removal under the
constitution The great, distinguishing and character
suc principle in our institutions, State and Federal is
e separate, distinct, and independent existence Of the
different departments Legislative, Judicial and Execu-
uve and on every question of this kind, reference
should he had TO this leading feature in government
IN the hrst section OF the second article of tho Con,
tuition II is provided that "the Executive mower shall
be vested in President of the United States of Amcr
ca &c Had nothing more been said in the Constuu
uon, all seem TO admit, that the power of appointment
and removal wouli exclusively belong TO the Prcsden
as branch CT execu authority and to appertain to
MN as the Chief Magistrate of the Nation. In the
second section of the same article his powers are emu
meated and appointment TO Office is of them; but
In making the appointment, he obtain the advice
ana consent OF the Senate This Constitutes an cxcep
hon TO the general rule, that the departments arc to be
separate and dstnct;and there is wisdom in this provision
The trainers Of the Constitution foresaw what all expo
Ience has proved under this government that Presi
dent with the best intentions, and anxious ONLY 10 pro.
mote the general good might make selection of an in
dvduii through want of correct information no would
be deficient in moral and intellectual worth. This has
happened under every administration. When this oc-
ours, and the OF the individual placed before the
Senate, strict scrutiny is instituted, and it, upon ex-
animation, he found unworthy he is withdrawn hv
the President rejected by the Senate In making tbi,
investigation into the character and qualifications of the
individual nominated, the Senate has the aid of the Sc
majors OF the State in which he resides, who ecner
ally acquainted and know whether the President has
been mislcd by information received from others Thus
lar the Constitution expressly authorizes the Senate
act IN aid of and in conjunction with the President Of
the United States, and further If further Joint ac-
uon were deemed proper, could easily have been ex
pressed.
E1pre.so uni,ls, est ereIusio alt,rius
Was there any necessity proprety in giving tho
power now conendcd for to the Senate? IL il can be
shown that it would do injury, and destroy tho bar
monous operations of the government il ought not to
be considered as existing in this body, unles. clearly
given.
Thus far we have considered the mode by which an
individual gets into office. The question arises how is
he to be gotten out, and by whom So soon as an Er
ecutve officer is appointed he is placed under the i'm
mediate inspection and control OF the President who
come. intimately acquainted with his qualifications. Are
his talents equal TO his station? Has he the integrity
industry, and all those other qualities, which will ena-
BILE him to discharge h duties bcnefciay TO the coun-
try! VI so, the probability is strong i'm favor of his be-
ing retained. unless his place be well or better
supplied On the other hand the President discovers
deficiency IL IS his duty to him. and then &C
cording to the argument; e other side, the
before the Senate for trial suppose The Senate will
not take the tcH Of the President the rule of its
cision for If it should valuable purpose could be OBJ
tanned by the action of the Senate. We then 10 in
quire whether this man shall be retained? We must
not make mockery of il; he must have fair trial and
as necessary incidents TO it, witnesses and counsel must
be heard; and you thus place the Chief Magistrate Of
the country in the odios attitude of public prosccu.
tor who may fail to Ike out his case as nothing is
true than that fact may exist the satisfaction
oil all men, and yet not be proveabc before Judicial
tribunal. Suppose the Senate should decide that the
officer shall not be removed, the Secretary of State
Is sent back as the iirSt confidential adviser
President, who has already pronounced him unworthy
OF confidence, and not fat 10 be trusted What kind of
Cabinet will you have made up and forced to remain
together, Of such materials? Should the Secretary of
the Treasury In the absence Of the Senate be about IN
secret all the money OF the Government will il do TO wait
to take the advice Of the Senate his removal? I'm
tine OF danger aud contest the Secretary at War Is in
the act Of beraying the armies of The IT, States into
the hands Of the enemy, shall the President wait and
ask the Senate what is TO be done' The Secretary OF
the Navy is about to deliver up the whole Navy 10 the
enemy shall tn" President possess power displace
him, but sit quietly by until his advisers shall convene
6enuomen saw, the President ought to suspend the Off
GER and wait TIL the meeting Of the Senate before IN,
removal can be effected 7 answer, that the power O
suspension IS not given by the Constitutions and II will
require greater power TO suspend and appoint al,
other, 10 perform the duties in the interim Than IN re-
move and supply the vacancy II the Senate possesses
this power, the existing practice Of the Government
must be changed the Senate must always be in session
Our legislative functions must be abandoned; the Who'll,
time will be consumed in these investigations
In the year 1880, this subject taken up in the IT
OF Representatives Of the Congress of the o. g. upol
bill TO establish The department of State. The bill
as Introduced, contained provision giving tho p0we
OF removal TO the President Upon full discussion
the clause giving the power 10 remove was stricke
out upon the ground that the Chief Magistrate possess
Cd the power under the constitution: and the hill was
changed as 70 acknowledge the pre- existing const
tons right or power. in The President Of the H. States
The bil, thus modified, passed the n. of Representa-