Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-04-29
Ry FLETCHER s. TOLER.

~ Soh'ehh lot tue Heehom and purity o.
eiee'l'hs, una"ed hy Official punishmenis and
"heorrupied Nv 9ihrial rewards; in opposition
10 removals from office for such causes as those
| above stated
| Here are the issues joined between us /; and
from your decision, should it be agains, II and
against all your own former decisions of the
same questions when other men were in poy
er, we will appeal to the people OF the United
States, on whose behalf we contend aud who
are always honest, when rightly informed OF
the merits OF cause.
These questions are of vastly more impor-
lance TO the permanency and purify of our lib
cries, and To the great cause of free govern.
meats OF laws. as contradistingnished from ar.
bItrary governments of Executive Will. than
either OF the Presidential questions of them
selves, that have agitated this Republic since il
foundation and of more importance than any
question OF public policy, political economy,
or expediency, that has divided the coupsels
oil the nation during the lapse Of half a centu-
ry.
These are the only questions on which | felt
any de,ir to address the Senate. NV former
remark. sprang out OF the occasions that prc
dnced them hut on these | feel compelled by
tn verbal aud written injunction of some nf
the great minority in Missouri, 10 present
'hfh views anu NV OWL.
With that minority have had the honor TO
ACT for many years through good and through
EVIL report, in a. the attacks made upnn the
Constitution o. the Union in that State, in the
shape ofraliel laws judge~breaking; stop laws :;
and tHe loanonice act--that bold attemnt TO
i.sn oil. of cre1il by the authority ola State
TO re rieve the fallen fortunes Of adventures
and speculat 1rs in violation OF the letter and
spirit If TIM instrument
In all lacks upon that best legacy of our
ancestuis, The act OF Union. we have stood to-
gethcr sometimes in maj critics, aud sometimes
ia ninorilirs, against the powers OF interest
aud gunranCe knowing that the preservation
otn principles, checks and restraints chiefly
d distinguishes our government uC law aud tber.
~ from those desPotic governments of artitra-
~ Executive discretion thai have 50 long des
ilei III best rights of man over the greater
portion Of the earth.
And in this most fearful Of all attacks ever
maze upon he Observation-Disclosures a
four yeas despotiSm, il the President be so
spose /; aud striking At our elective franchise
the root oil all 'nr constitutional liberties, we
Will stand together agein, whether in a majority
or a minority, aud invite all who love the Press
dent much but love their country more % Join
with US, and rally around the standard OF the
Constitution. e
Its n question whether President may re-
move, At his own viii and pleasure, his Score
tary of Sfate2 That was the very question
beft re Congress in the great debate of 1889.
Suc' an officer is the mere pen in the hand
OF the President 10 write with-hound TO do
just such things as are prescribed by the per
sona orders OF the President, in matters for
winch the President himself is responsible as
the head of tn" Executive Department: aud
consequently he must exercise his freedom of
seiec' ion. or how could he be responsible
In such case the act of July, 1889, settles the
question, BY acknowledging the lawful right in
tn President to dismiss this instrument when
he peases.
Nobody would wish to force dsagreeable
member OF the Cabinet on the President. The
public interest requires harmony between them.
And the Srnaio from Tennessee, (Mr. Grun'
dy,) might have spared himself all his argn-
me 4 to prove this for no one had denied or
disputed it.
still II Madison, in the debate of 1889 ex
preSspi the OPP mon that u wanton removal OF
this officer 4 tn President, and not of the pub
lic might SUI ject President TO impeachment
although The law had given him the absolute
pomer TO make the remova--ifihe motive could
be asCprtained befare human tribunals as a
mother woHld chastse her boy f'r breaking his
rattl" from apeevish or wicked motive, or for
a bad purpose.
Ard what does this opinion assert more than
the great principle Of our rights that all powers
conferred upon the Executive are but trusts tor
the public benefit; aud cannot be perverted to
other ends? There might be difficulty in as
certa ming tue motive or end nfthe ncl before
human tribunals hn see none in the abstract
principle advanced by Mr., Madison, 1t Is
purely Republican,
! ~ not Int. FOR one, that the Senate can,
ny ,aw, or otherwise, renounce the restraining
powec whirh brlougs TO their Organzalon
bul | admit that, III practice, the President
should have great freedom in choosing and re-
jeciing his Cabinet and the act OF 1889 cannot
be considered as going beyond thai lue.
But tn class OF officers now before the Sen
ate, AVID their predecessors, attempted to be re
moved by the President, were not under COZ
sideraton in ihe debate of l7S9. Ihls IS
class Of public nfticers-oi officers OF the law
whose term, tenure. aud duties o office, are fix
ed aud prescribed by The laws VI the land, and
not by uhe Executive will, as 10 The other class
The first class are assistan 5 TO the President,
and ma &c removable at his pleasure by law.
Bur this class oil Federal officers ara public
and not removable al the arbitrary
will of President, II good and faithful, the
public is interested in their services; II bad
the public good requires their reno
val in the mode of proceeding required BY the
respective tenures Of their offices, as prescribed
BY the known law. dark and secret inquisi'
ton was never intended TO be admitted into
our institutions nor was refusal TO tell the
cause of objection & condemnation heretofore
known to the genius of our Republic; not even
10 The military, subject to orders; nor to The
culprir, arragneh at the bar.
We admit thu legal right and duty Of the
r. s,ident to supers'de. suspend the functions,
or. il YOU prefer the term, remove District Al.
orneys, Marshals, Registers and Receivers OF
pnbIi, Moneys, anJ Custom House Officers,
and more especia ~ the whole class OF our
money gathering agents, and such others as
are made reno ,eabe by him, for cause reIa-
rne TO their Official conduct, or fitness Tor Their
stations but such removal or suspension is
subject ~ the restraining powers OF the oe-
nate, on cause shown. The public interest
"a, I,ap nd