Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-04-30
SPEECH OF yuIe. BARTON, Of Missouri


Let us now hear the contemporaneous expositors
of the Constitution, to learn if such arbitrary and
uneXamnable discretion contemplated. Mr.
Hamilton of the trainers of the Constitution, i'm
the nth number of the Federalst. SAYS when hc
and Madison, and Jay, expounding the nature
of government to induce the people to adopt it:
sit has been mentioned as of the advantages
ito be expected from the operation of the Senate
lin the business of appointments, that it would
tribute to the stability of the administration The
consent Of that body would be necessary to dspace
sas well appoint. change of the Chief Mars-
trate therefore, would occasion so violent or so
general revolution in the officers of the Govern
'ment as might be expected if he were the sole dis
poser of offices. Where n man in any station had
given satisfactory evidence of his fitness for it.
new President would be restrained from attempting
a change IN favor OF person agreeable to him,
by the apprehension that the dscountenance of the
Senate might Illustrate the attempt and bring some
degree OF discredit upon hinsclf-Thosc who can
estimate the value OF steady administrations will
sbe most disposed to prize provision which connects
sthe official existence of public with the uppro-
'baton or disapprobation of that body, which, from
the greater permanency of its compositions WILL
in all probability, be less subject to inconsistency
sthan any other member of the government
After reutng some objections of that day, that
the Senate would influence the President and assume
the control of the government, Mr.. H. says, sIf by
influencing the President be meant restraining him,
this Is precisely what must have been intended.
'And has been shown that the restraint would be
salutary, at the same time that it would not be such
from the uncontrolled agency of that magistrate
'The right OF nomination would produce all the good
without the ILL.,"
Some annotator to this number of the Fcdcrast
has appended note saying. 'sthis construction has
since been rejected by the Legislature; and it is now
Settled in practice that the power of displacng be-
'loHgs exclusively to the President"
This note ought to be expunged as calculated to
mslead students and weak cabinets. 1t is not true,
in point of fact, that the Legislature has rejected
this constructions true in point of law that the
Senate can renounce iota of the restraining pow
er that belongs to their organization and chiefly dis
tinguishes checked and restrained Executive
from one of arbitrary will.
The whole idea of the annotator was taken from
the laws respecting the assistants of the President
to perform duties prescribed by him as under the act
OF 1889, and not applicable to the officers of the pub
lie, of the law to perform duties prescribed by the
laws of the land
The correctness of Hamilton, and the error of the
annotator and his disciples of the majority, can be
demonstrated if there be truth in logic and common
sense: The argument stands thus-without the
concurrent power of the Senate in matters of ap-
pointing, las you admit III your report of 1926, be-
fore quoted,l the President becomes Monarch
The appointing power of the Senate is annihilated
by taking away their restraining power, the COL
edihce Frustrated by removing the pedestal
or foundation that sustains IT,
Therefore you have proclaimed your President q
ents by refsina tho y ;" own premises and afgn,
the restraining rewer Hamilton has been accused
of too strong bias towards arbitrary power.
But Hamilton tame republican in favor OF O.
checked and restrained Executive; and if a bias to
arbitrary over be proof of true greatness. much
greater, il not dsinterested, statesmen than
Hamilton here!
The Senator from Virginia (Mr. TazewelN has
read Us the form of commission, stating that the
office in such have before us is held ot
the pleasure Of The President full proof of the
constant encroacment OF Executlcc WILL and of tie
necessity for an equally constant restraining power
of the Senate, as taught by the Fathers! but no
proof whatever that the Clerk Attorney who made
the form of the commission, did thereby repeal the
Constitution and laws, and the checked and restrain
cd organization OF our Federal Executive, which dis
tingushes 1t from despotism for a term of years.
will now approach the strong hold of modern
democracy, claiming understandable Executive pow
er In removals from office, supposed by the Senator
from New Hampshire, MIR. WOODBURY. to confer
the power now claimed upon the President.
The act of 18th May, Ia20-"to limit the term of
Office 'of certain officers therein named, and for
other purposes" The act then names the very class
of money gathering public officers now before u.s.
and leaves the appointment to the President and Sc
nate There nothing in the title of the act that
warns us of change in the relative powers of the
President and Senate, or premonlshcs of the APP
proach of dark inqulston,' dcspotic power, or the
downfall Of constitutional liberty. The political as
pect of he act torebodes no revolution of power.
All seems to be affair of money to secure our
revenues from the indeity of deaulling officers Of
the Treasury Department! 1t establishes the tenure
Of Office these wordssiall be appointed for the
term ot four years. but shall be removable at plea
sure"
AT whose pleasure, praye at the pleasure of the
Prime Minister, or the premier's sweetheart? Or is
1t at the pleasure of the Presidents arbitrary will?
answer no, for that would aDnihilate the appoint
ing power of the Senate, and make the unconsti-
tutiona as the Senate cannot renouncc, even by law
the restraining power that belongs TO its constitution
al organizatioD-not for its own honor: but for the
safety of the publicbut at the pleasure of the ap-
pointing power in the ordinary, and hitherto barno-
NOUS, mode Of originating by the President, and
sanctionng or restraining by the Senate. The con-
sructon must be in favor OF the liberty of the citi-
and not in favor of arbitrary power if the law
were doubtful. Even in the monarchy of England,
that is the rule. Let take the good old common
law, and common sense rule of construction laid
down by Justice Blackstone and consider the old law;
the mischief of the old law and the remedy proposed
by the new law, and it as To suppress the
mischief. and promote the remedy.
BY the old law there was no summary power; OK
cept the disputed one Of taking care that the laws
be faithfully executed, to arrest the career of official