Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-10-14

appear
by virtue OF Legislative giant only. and qnen,ly
" be subjected to legislative Instability when lac well
satisfied IN his MUD that IL was by lair construction
" fixed in The Constitution. The motion seconded by
" MIR adison. aad both mendnients adopted As
" the bill passed into law. IL has been considered as
iu expression vi the sense Of ia. Legislature. ON this
' inportsnt part vi the American G. Institution
IL seems to have been admitted on all sides l7S9 that
the appointing power competent retnov.; OBJ
lection 10 the right OF the President, the part Of the
minority resting chiefly on the OF the
Senate (Which participated in the sppouimen in the act
OF removal The soeun decision Of Congress determined
that removal from ofce be made by the President
without the control interference OF the Senate This
beng the principle in regard TO officers appointed by the
President aud Senate no doubt he entertained OF its
governing the case oil removal 10y the President OF
officer appointed by himself alone. IL seems follow
necessarily too. that the Heads OF Departments in whom
the power OF appointing inferior officers by law vested
agreesbly TO tho Constitution, may remove them without
the consent OF the Senate, aud whou, being bound
hib the case or the inducing the change. the
Senate either before after the act IL performed They
possess the power OF appointing inferior officers in the
same manner that the President holds in sumo.
nor officers la each Il is purely an Executive power,
tue exercise oil which neither branch of tho legislature
has right to interfere with. or influence.
lhe call oil the Committee be sustained OILY upon
the principle that the Senate alone has light inquire
into the reasons which induced Executive officer
particular Executive act, hs legal power 10 d, which,
according TO his discretion, Is undcnnbic. Give prn
cple assumed the advantage oi application whole
co ordinate Department oi the Governe Has
right 10 inquire into the reasons which induced the
Torrance OF an Executive act by the President except
the case oil an inpeachnent when tho inquiry lie
by The House OF Representatives? Or has either House
OF Congress The right TO requre.of the Judges the SUI
prcne Court the grounds oi its decision any particular
case in which 1t has rendered Judgment Can either
House DO required by any power in the Government to
state the rauses which induced one Secretary
or Clerk aud appoint another in his stead These ques-
tions need
Whilst denying this light of The Scnates Committee TO
inspect the letters and paper by the Department.
respecting removals aud appointments Of Postmascrs or
10 examine the oil them. would not be
as d'sclalnng any liability to scrutiny by the House OF
Representatives. or its committee TO which the Depart
ment may rghtiu!iy be subject affecting 10 impair
that responsibility in regard TO which is tho peculiar
function OF that branch OF the Legislature originate pro-
ceedings.
The views above taken in this answer would seem to
have been entertained by the Senate o the United States
ln 1850 On the 2S,h April OF tina, yeas. the following
solutions, offered by Mr.. Helmes, were considered:
ResOlued, That the President Of the United States by
+" the removal Of of GERS (Which removal was not re-
qrred Tor the faithful executions OF the law, and filling
the vacancies thus created in the OF the Senate
acts against the ineres, Of the People, the rights OF the
estates, aud the spirit OF the Constitution.
"Rcs0lved That il is the right oil the Senate TO naure
and the duty OF the President TO inios them why aud
for what any officer has been removed
90 in the
Resoped, That the removals from Office by the Pre-
silent, since the last session OF the Senate sceu with
with few exceptions, to be without satisfactory reasons
"sganst the public interest, the rights OF the States and
" the spirit OF the Constitution. Wherefore,
Res0iped That tho President Of the nitcd States DO
respectfully requested 10 communicate to the Senate the
number, names, aud offices OF the officers removed by
him since the last session. with the Tor each re-
a. moval"
On motion of Mr. Grundy they were indefinitely nos,
poncd that H. virtually rejected, by the follow ing vote:
"Yeas-M Adams. Bernard, Benton Bibb Brown.
I" Dickerson, Dudley, Ellis, Grundy, Hayne, Iredei
SANFORD, Smith of South Carolina, Tszewell Troup
" Tyler, White, w oOdbury-24.
"Ndys-MessTs Barton, Bell, Burnct, Chambers
"Chase, Clayton, Foot Freinghuy sen Hendricks Iomes
" Johnston, Knight NaudAu, Noble, Robbins, Ruggles
" Seymour, silsbee' spragae, Webster. Willey-2I."
la 1881, the subject was again discussed in the Senate
NJ lrofn
Of that year:
February l5,h.-on motion by Me Grundy the Sc.
nate resumed the consideration OF the motion by
him the instant, modified, declaring that the Sc
lect Committee appointed Inquire condition Of
the Post Office Department. tIiOrised make
inquiry u'o the reasons which induced the Postmaster
" General 10 make any removals OF his deputies.
Goa the question 10 agree thereto ia
:" the aiirmaive-yeas 81, nays2l.
''rhe yeas and nays being desired 6y one fhh of
the Senators present. those who voted in the affirmative
!" Messrs. Barnard, Benton. Bbb. Brown, Dickersoa,
Dudley, Ellis. Forsyth Grundy, HAyne, Iree. Kane.
70 Maryland, Smith Of South Casons Tazewell Troup
(" Tyler, White, Woodbury..
" Those who voted in tle negative are,
Messrs. Barton, Bell, Burnei, Chambers, Chase
4" Clayton, Foot Frelinghuysen, Hendricks, Holmes
=" Johnston, Knight, Marks, Naudsn, Noble Robbins
" Ruggles, Seymour, Silsbse, Webster Wiley"
These proceedings of the Senate ns be properly deem.
ed conclusive against the right 81 your aek
the reasons OF the removal Of H. Stafford tie Office
oil Postmaster Putnam Ohio. Tie decision bcv con-
tain. ii is believed has been sr by any sase
expression Of the Senate. IL stands thereope an tn-
paired affirmation by the body from which the committee
derives its authority OF the Of The position
have assumed.
The powers OF invesgaI alton conferred upon the com.
mittee, in $780, 10 which the Of the senate denied
the right OF nquing into the reasons OF removals were NJ
extensive II is believed, those possessed by your com
mttee; aud amongst these the power 10 send for and
examine persons aud papers.
Ii the reasons Tor the removal my be properly wi hheI
from the committee, II can have right inspection
OF the letters and papers asked lor To say dat the
Department may withhold the reasons and vet shall sub
nit the letters and papers that may contain them would
be conclusion 10 which il believed can arrive
The inpropricty oil yielding 80 ais indcrnnate call TOT
letters and papers, - obvious all who will reflect on
the subject Much of the cores ponIehce nC fe Devar
men necessarily in its nature strictly conf entail and
che injunction is imposed by the Thew do moi
usually consider the importance Of separating confidential
matter from that which is not Hence many ceses
the same communication contains both, and would
possible to separate them. In such The Postaste
General could not, with suy degree OF prOpriey yield ,e
paper Were he 10 do all confidence between him end
his correspondents would be al end Facts aad the
opinions OF individuals OF credit and responsibility IN the
neighbohood, respecting the conduct character aud ca
Pacily persons in Office, and Of applicants spPonen
would be withheld nom the Depai inIent No one
who regards his domestic comfort aud the peace Of
his neghborhood, would venture to state matter that
would lead 10 rccTimnaOn, controversy, and litigation
in cSses OF mail depredatioDs which often lead tie re.
inovsls from Office, is all important thai The Department
should invite free commandments both facts and Op
mons BY his means it is enabled TO make
IL oen happens that in these inquiries which are daily
going on, circumstances communicated that would
seem 10 impiicate persons who found upon full ex
summation 10 be entirely innorent The publication OF
such papers would be OF cruel injustice we'll TO
the TO the accused, and put neghbOroods al
snmly that in peace aud harmony II the Post
master General should Weld unlimited ma