Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-04-06

Washington, April 81, 1857
p.r,.rLs rs Mr.. SrAyBERRY, on the motion OF the
chairman of the committee on the judiciary to
no sl;schsraed from the further consideration
of the resolution referring the affidavit OF John
M,Ciintock. alleging certain charges OF Off
ciaI misconduct against the collector Of the
customs for the port Of Wiscasset in Maine.
and that the papers be referred to the secreta-
~ of the treasury.
Mr.. SrANBEs RY, Of Ohio, said he hoped the mo-
ton to discharge the committee Of the judiciary
from the further consideration of this matter,
would not prevail. 1t is admitted. isaid he.)
that the collector is an officer liable to be i'm
peached bv the constitutions; and tfat. it the
charges made against him be true, they constltut-
ed an improbable offence. But it seems to be
thought, that because he was appointed by the
President, and removable at his pleasure, that 1t
would be encroaching upon the Presidents pre-
rogative, for this house to meddle with the OIL
Ger. rise chiefly for the purpose OF entering
my protest against this doctrine 1t this house
sanction it, we will relinguish the most salutary
mower vested IN US by the constitution.
| Is it certain, il the most satisfactory PROOF
were made Of the guilt of this officer, that he
would be removed by the head OF the treasury
department, or by the President? Sir, the peo
Die whom represent have tried the experiment
OF endeayorino to effect the removal OF United
States officer by making complaints against him
10 the head of a department. The superlntend-
ent of the Cumberland roadsin Ohio was guilty,
not only of defrauding the government. but OF
depressing and defrauding individuals with whom
contracts were made for the construction Of the
road Added to this. he was VIGOROUSLY incom.
petent for the discharge OF the duties OF his oil.
ice. Complaints were made tn the late secreta'
~ of war. who sent respectable and intelligent
officer of the armv to investigate the charges
This officer, major Talcoti.l did on the spot
enter into a labOrious Investigation OF the con-
duct of the superintendent file took the testl-
mony OF witnesses ou oath. and the superntend'
en-, had every opportunity Of making his defence.
The testimony, accompanied by the report OF
major Talc0tt, was transmitted to the war de.
partmeut have heard. Qor have not read
the testimony or the report. but have no doubt
Of the fact, that the testimony did most fully
prove the charges made against the superlntend-
ent, and the report Il major Talcott recommend
ed his removal. Well. sir. was the superntend-
ent remoyedl No such thing He still holds The
office; and, Notwithstanding the great interest
which Ohio has in the continuation OF TINS roau'
I believe most of her representatives teel almost
indifferent whether any further appropriations be
made if this superintendent is permitted to hold
his Office. We know that the money will be
wasted. and that the work will languish.
The superintendent OF the Cumberland road is
not the only officer who has been suffered to con-
tnue in office, after proofs OF his transsresslons
had reached the president. Was the late secre-
tary Of war removed in consequence OF his at
tempt fraudulcntly. to give to governor Houston
the contract for Indian ralions! derive my
knowledge of this transaction not from the CO.
lumns of the Telegraph The whole affair was
known to me at the time it took place. The Ed
itor of the Telegraph gives himself too much cred
it for defeating this ATTEMPTED fraud. under
stood that it was in consequence OF the remon'
strances of the delegate from Arkansas, that the
contract was not completed. There is one fact,
however, for which am indebted to the Tele.
graph; and that is, that the president had full
knowledge of the business, and that 1t did not
meet with his disapprobation.
Is not William b. Lewis still suffered to hold his
office? and is any further proof needed to con.
vince any man Of his guiltl Unlimited conf
dence in the president is doctrine unknown ia
the constitution. We are placed here to check
the executive. But now, tbs thought the only
mark of genuine patriotism to profess the most
unbounded devotion to the will Of the president
and the conduct Of every officer. favored by the
president, must be exempt from all inquiry OF
censure. "It does not become u.s." said Ro
man knight. in the senate, Boosting ofhs friend
ship for Sejanus, and addressing himself to Ii
berius-sIt does not become US to inquire into
the person you are pleased to prefer above others,
or into reason. To you heaven has given con
summate judgment To US there remains the
glory of a cheerful obedience" Language fiji fol
the ears of tyrant. master of the lives and pro-
perty of his SUBJECTS but most unfit for the ears
of the chief magistrate Of free people, holding
his power by their will, and responsible to them
for its abuse.
New ORLEANS. March 16.
The trial of Col. Taylor, accused of counter.
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