Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-03-23


mont. In the section Of the End article of the Con-
stuton it is provided, that "thc Executive power
shall be vest cd in President Of the u. s. Of America
&c Had nothing been said i'm the Constitution.
al. seem admit, that the power of appointment and
removal would exclusively belong TO the President
branch of Executive authority, and to appcrtain to
him as the Chief Magistrate of the nation. In the
second section of tho articles his powers
merated, and appoint To office of them: but
in making the appointment, he must ob,an The advice
and consent of the Senate. This constitutes
ccption to the geRera rule, that the departments
to be separate aud distinct; and there is wisdom in
this provision The amers of the Constitution FORE
saw what nll experience has proved M CT this gov
eminent, that President with the bcsVsIlcntions,
and anxious only to promote the gestrnl go6s might
make a selection Of individual, through want of
correct information, who would be deficient in moral
or intellectual worth This has happened under ev-
cry administration. When tins occurs and the name
OF the individual is placed before the Senate strict
scrutiny is instituted, and ifupon examination, he
found unworthy, he Is WITHDRAW by the President
rejected by the Senate In making this investigation
into the character aud qualifications Of the individual
nominated the Senate has the aid of the Senators of
the State in which he resides who generally ac-
qnanted, and know whether the President has been
niisled by information received from Others. Thus
Tar ke constitution expressly authoriscs the Senate
TO act in aid of and in conjunction with, the Presi-
dent of the United States, and 10 farther Iffurther
Joint action deemed proper it could easily have
been expressed
Erpressio utius, erciu,o est anerius
Was there any necessity propriety in giving the
power commended for TO the Senate If it can
be shown, that 1t would do injury, ond destroy the
harmonious operations of the government, IT ought
not to be considered existing this body unless
clearly given.
Thus far have considered the mode by which
an individual get into Office. The question arises
how Is he to be gotten out, aud by whom, So soon
as an Executive officer appointed. he is placed un-
der the immeinte inspection and control Of the Pre-
sldent, who becomes intimately acquainted with his
qualifications Are his Talents equal To his station?
OStr and NIL those
tcs which will enable him TO discharge the duties
benefcially to the country 1fso the probability is
strong IN favor ot bis Icing retained unless his place
can be we'll or better supplied On the OF cr hand
the President discovers deficiency IN is his d,v In
remove him; and then, according 10 the argument on
the other side, the case before the Senate far
tridt suppose. The Senate will take the toiH
OF the President az the rule of its ion for if il
should valuub Bile purpose could be obtained be tho
action fthe Senate. We are then tn INQUIRE whe-
ther this man shall be retained? We must not make
a mockery oft; he must have fair trial and as ne
ccssary incidents 10 h witnesses and counsel must be
heard, and you thus place the Chief Mapistra orthe
country, in the odiouS attitude of public prosecutor
VINO may aii To make ont his case, hing is more
true than that fact may exist TO the satisfaction of
all men, and yet not be proveab,e before judicial
tribunal. Suppose the Senate should decide that the
officer sha!l not be removed say the Secretary of
State lie Is sent Back as the first confidential adv
of the President who has already pronounced him
unworthy of confidence, and not fit to he trusted
What kind of a Cabinet will you have, made up and
forced to remain together of such materials. Sbould
the Secretary of the Treasury the absence of the
Senate be about to secrctc all the money of the Gov
ernmcnt, viii it do wait take the advice of the
Senate as TO his removal In time of danpnr and
contest the Secretary at War The act of bet,av
ing the armies of the United States into the hands of
the enemy shall the resident ait and ask the Senate
what is to be d0ne1 The Secretary of the Novv &c
about to deliver up the whole Navy To- the epemv
shall the President possess power to dsplace him
but SIT quietly by, until his advisers shall convened
Gln
officer and weit till the meeting of the Senute before
the removal can be effec' ed answer that the pow
er OF suspension is not given by the Constitution nd
1t will require greater power to suspend End appoint
another, to perform the duties in The interim, than to
remove and supply The vacancy. Ifthe Senate pos
sesses this power, the existing practice OF the Gov.
eminent must be changed; the Senate must always
be in cesson. Our legislative functions must be
abandoned; the whole time viii be consumed in these
nvesti cations.
In the year 1898, this subject was taken up in the
House OF Representatives of the Congress of the u
States, upon bill To establish the department OF
State. The bill introduced CONFINED provision
giving the power of removal to The President Upon
full discussion, the clause giving the power to re-
move, was stricken out, upon the ground that the
Chief Magistrate possessed the power under the con-
stitution; and the bill so changed as to acknow
ledge the pre-existing constitutional right or power
in the President of the u. States. The bill thus
modified, passed the house of Representatives and
Senate, and approved by Gen. washington.
then President Of the u States.
Let it be remembered, that Mr.. Madison, who is
one of the best constitutional lawyers our country has
ever produced, was a member of that Congress- and
advocated the opinion for which contend He wos
a member of the convention; had met tho best tall
ents in the country in the Virginia Convention; had
there discussed it in all its bearings and tendencies;
and was them IN 1859, engaged in putting the Gov
eminent into practical operation. Fisher Ames.
whose fame and talents were enough not only TO make
New England, but all America, feel proud that he
was her citizen, advocated the opinion which pre-
vailed.
In order that it might be understood how every
President and Senate have thought and acted from
the commencement of the Government, have look
ed into the executive Journal and find that every
Chief Magistrate has acted upon this power as cx-
clusiycly appertalnlng to him. hold in my hand a
copy Of General Washngton's commission TO Mr..
Jefferson, as Secretary Of State, probably The first
issued undor the Government. Phat Commission
reads, that the office is to be held during the plea
sure of the President Of the u. States. Also, the
commission to air. Morris, as Minister to France
Under every President, all commissions executive