Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1834-10-20

thnt wlIllsl the trainers OF the constitution proceed
ed upon CERTAIN general principles, tbey ndmu,e,
exceptions where pfopfety and convenience dicta
led them. IN appointing a Postmaster n. Putnam
ONO, therefore, the Postmaster General pen formed
an executive function. In the DISCHARGE of this du
y, tho legislative branch Ind no right ic nie,i,r,
or participate The time of Tho appointment, anC
The person 10 DO selected, were matters Tor execn
tive CONSIDER ton To the discretion Of the Post
master Geneal, under the responsibilities befor,
mentioned, II was by The constitution and laws ex
eos,vcly referred 10 determine when and whom te
aftont. - ho reasans 60 influence the conclusion
were Submitted TO him They may have exislcI
ID public mcmoras,in private letters, or IN his own
mind Ito snot bound To submit their suliieien-
cy To The Judgment of either House of Congress or
any Ithen committees. Tho law yostod IN him
the hnel determination, md The power 10 act eecor-
dlnsly. On II he urged, now, when an appoint
nent is made, that Committee Of The Senate,
which would have hal no right to n prc.cxamina-
ton Of the cnsc 10 which he was mol bound by law
TO submit II before acting upon IT, has n right to
examine the reasons upon which h. proceeded 7
For What purpose IL tho exercise of the right clam
! cd ! Aud II So would 1t not be better at once to
provide 10, taking beforehand the opinion OF the
Senate or lis Committee, and thus save the neces-
slty for two decsion MS
II the Committee have the right 10 look for rca
sons IN the letters on file IN the Department, 10 II
not equally entitled 10 examine the Head orthc
| Department personally, sud ask whn, motive IN
due,c him 10 make he apl ointment 7 II mol, ;hc
! ih9nlry might hc very imperfect, for IN pnrllcu
lar case there might be no papers on flo relating
TO the appointment, or the Head ofthe Department
nigh, have been governed by a reason within his
own knowledge. but not stated in my document
received by him AID Il the principle which nonc
con sanction the inquiry of The Committee be cor
rect and the appointing officer be bound 10 exhibit
ms reasons, Ia 1t not necessary IN order that This
exhibition, whenever required, may be perfect, that
record should be mndo of the reasons in every
case Yet was this ever deemed requisite, or e..
ven proper IN any Executive Deparmcn,
Tho appointment of superior officers Of the Go
vernrnen, 10 vcsei IN the President and SENATE
! When the President dominates an individual for
office, has tho Senate right to dcmonJ an nsrcc-
ton of all the letters and papers received by him
relating 10 il ! And il the Senate should ask for
such inspection, will il he said the President i,
bound TO give 7 The President may, and per
haps actually docs lay before the Senate, such of
the papers reccivedby him respecting the appoint.
merit as he deems proper, for the purpose OF IN
forming Senators of tho character and qualifications
OF tho person nominated. II is believed, however
Tint no one would express TIM opinion, that he is
bound to lay all the papers before the Senate mad
President and Senate jointly. There might 10
some utility in reqnlcng, that each branch OF the
appointing power should have the benefit Of tho in
formation received by the other II the Senate
! possessed the right 10 demand OF the Prcsdent the
reasons why he made nomination. might 1t no,
with eqnfl Pfoprety be urged, tina, tho President,
may do banl Of the Senate and the Senate he bound
10 answer, why ii rejected Z To the establish.
meni of this doctrine IT IS presumed the Senate
WOULD ollecf, aud yet It IL the result 10 which We
would annsn 10y sancllon,ng The principle involved
III the tn OF the Committee.
II the Senate have no right to call upon the Pre-
sllent TO assign tho reasons lor, of submit tie pa
PETS respecting Il nomination To winch It's consent
IL asked with less proprieiy it be said TINT it
posscss the r,2h III itself or by lis COMMITTEE to
demand oi The President or my other Executive
othccr, the reasons OF an APPOINTMENT which that
o'icr has, ~ the cons tuition and laws, the exclu
s,yc power of making 1t seems 10 BE- n clear re-
suit that the right Of tho Senate to an examination
Of papers roasons nus, be less, If possible, in
cnse OF appointment with wnlch it has no con
Germ, then IN that wherein li3 appobatlon must be
;. bad.
.hc course pursued by tho COMMITTEE, il sane
TONED aud continued, might end IN The virtual sub.
| ctton % the power Of appointing and removing
Poa.maslet5 to us will lfpapcrs md letters arc
10 be inspected and reasons exnminedby q Commit
tee, which can remain constantly in session IN IA
n.y. OF all cases, # II so resolve the legal forms Of
appointing n's may bc preserved the Postmaster
'enernl may continue TO niiix his signature 10 com.
MISSIONS but all must perceive, TIM, he would do
this under M influence increasing by its natural
.rndlnCy TO absolute control IN the hands of
! others. to whom oil participation in the power Of
appointing postmnslcrs IS dcnicd by law.
he constitution of the United States art %
% Il.
the appointment Of such Inferior officers as they
drink proper, 'I the President alone, IN the Counts
! 10 this provision, Congress has enacted that the
! Postnas,cr General shall establish Post Offices
nd appoiat P0tmas,ers al all such places as sbu
appear TO INN cxpedlen, the pos, fouies that are
Or nay be established by law Ia the Postmaster
General therefore, WINS vested, by constitutional
la@, he power to appoint Postmaster at Putnam
! OHIO. No other officer OF tho Government has auy
participation IN the power neither IS the Posmas.
ter General bound by law 70 submit his vicus or
reasons IN rcgnrd TO ibis other appointments, TO
any obcr branch ofthe Government. Il lis only res.
/ ponsbihty IN common viii Other officers OF the
Executive Department, be,ng 10 the ptcsndeni, and
! To the power OF impeachment and trial conGled To
the House Of Representatives and Senate.
The case has been treated one of appoint
! faent merely, and nohng has been sad OF the re-
mova Of the ormct Po,tG,Ustcr because, when
new Appointment - made ard completed by Inc
competent authority rs IN The case at Putnam, O
/ hio, The removal Of the ionur ncumbeal takes
/ place by m opera,on ofiaw. Ii results from he
| new appointmeol and IS not saparable from =. No
distinct act Of removal lnkes place order 10 that