Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-02

vice and consent OF the Senate not, his opinion the
nj persons Tor their atscn Le must necessarily possess
the power 10 remove the aud TO put in others whose
opinions do accord with his II this power does moi
Exist in the President Of the United States, how when
that great ci, revolution took place. which in 1901 tle.
waited to the Presidency OF the United States citizen Of
different political opinions from his immediate pree
how could the new President have brought into his Cab
met those citizens whose opinions ia unison with his
own! How could he have that the laws OF the IT,
States were faithfully executed as he understood them
whon, the power Of changing the individuals charged
with that duty! This question, ever, MIR. p said.
had been so long settled he would respass on the
patience Of the House by dwelling longer this parcu-
lar point.
The Constitution looks the Heads of DEPARTING n,s as
the Presidents advisers, and requires Of Them when ask
cd by the President, TO submit TO him their opinions in
writing, on any question presented to them. Why
II exact this, il lie had power those officers
They must furnish him viii, their opinions. because he
the chief executive officer Of the Government and as
sur has the whole OF the Executive power coaitt.d to
his hands, aud he held responsible people to see
that the laws are faithfully executed How can he do
this, unless he hasads anu assistants In the
duty! The power TO require the opinions OF his Cabinet
niers OF course that il is not to DO given without mean
ing but also iers that ii their opinion shall d,r from
his. he has complete power TO control them.
But Sir, /, is said that the Treasury Department has
been differently organized om the other Executive De-
parnents And how is il differently organized! Congress
will not be pretended, has not any power appoint the
Secretary OF the Treasury nor any power to him
iroin Office II his conduct shall please them; nor would
they possess any such pow err il they could pass
law eoniering upon themselves No. sir though they
should see the public treasure wasting and the officer de-
than by the tedious process OF impeachment.
Bu sir, was il ever contemplated by those who framed
our constitution that there should be pow where
to remove officer whose des gus ere distinctly
seem except by the circuitous method
Surely no. sir The Secretary has no legislative power
neither has he any power OF judicial character his
whole duties slow him to be All Executive oficer as
such, he is responsible TO the chief Executive as that
high officer is in like The People. Let us for
moment this question Let us suppose that a
Secretary OF the Treasury should his enion al
certain period, remove the public deposes ON The
tepn MI rad sl,. Uv,;,
states Bank Tor example; and Ietus Their suppose that
the President then filling the Executive chsiI should
hold dliieis ut opinion rs to the proprey OF such re-
mova IT President calls his Cal ther and he
says to the Secretary. Sir it my judgment that the De-
Rosres ought not to be removed. you plae-
Inc members OF the Cabinet say 10 him the same thing
The Secretary OF the Treasury round and saws in
reply, MIR President, ind. pendent of YOU and
tlemen, am equally Independent you so the Bank
Charter has given the exclusive power OF Judging in
this case, and choose carry my views into execu-
"on "e CIR, the President folds his arms and
we'll MT Secretary, have no power 10
must do as you please.
Sir what would be the indignation Of this whole people
such spectacle Chat is supposng the removal itself to
have been improper and inexpedient) What should we
nave heard from the Bank, and from its friends he p?
put SIR 1t Is bad rule that will not work both ways
Tue Secretary ought TO have complied in that CASE why
not IN this! he has power TO resist now he would ave
had then.
But, sir. independently Of these views the act itself
creating the Treasury Department, expressly recognizes
IN the President the constitutional power 10 re move the
secretary from Office He may remove without any as
er 10 remove absolute and unqualified And If he NAV
remove from office without assigning any
deed der IN opinion as 10 the validity OF the
gned but that the President has the power TO remove
- unquestionable Nor does he derive il from the act OF
Congress creating this Department. but holds from and
under The Constitution ITSELF The act recognizes it as
power in him aready does not confer him the pow.
er TO remove, lest il might seem that he held il nv grant
OF the Legislature. The terms employed are such a,
clearly recognize the power to be from the Constitution
The act says that when the Secretary shall have been
cd hU tha Draci 81. H.
ed another officer may for the time being discharge the
iuies Of his office.
Yet still it is maintained that the Legislature Jealous oil
uniting the money power with other Executive powers
wisely and purposely withheld il from the President
The great constitutional question the power of the
President 10 remove the Secretary of the Treasury from
oihce can conceive of other. The President
wehave been told, is usurper and tyrant; yet he hal
aIId or which he is responsible to the country Sir
nave made some research TO the opinions and conduc
OF those who framed Constitution, aud no certanI,
understood well the therein given the
During the debates on the organization Of the Executive
departments OF the Government this very of The
20 remove from ONCE came under discussion. The
question was whether such power should be exercised
al ALI so, whether by the Executive alone or by the
Executive In conjunction with the Senate? One portion
OIL 'ne members OF the Convention commended that i
ought to require the advice consent to remove
an olcer that it did TO appoint Well sir look now
the views given this subject at that early Jav refe
the House to LIoyds Debates of the Convention ON Nh,
form OF the Executive Department; AMI will take the
hoeny OF reading from the speech Of Mr.. Madison:
suiion, principle that peryades the whole system ina
mere should he the highest possible degree Of
Dity IN all the executive officers thereof any thing
therefore, which tends TO lessen this responsibility 4
contrary TO its spirit and intention; and unless il il saddle
upon US expressly by the letter of that work. shall Cd
pose the admission OF IL into any of the Les re
NOW, II the Heads of the Executive Departments ar,
subjected to removal by the President alone we have il
him security for the good behavior of the officer If M
does not conform to the judgment of the President il
cong the Executive duties OF his Office he can be dis
paced: TINS makes him responsible the great Elk. GU
i've power and makes the President responsible 10 t
public Tor the coRduc OF the person he has nonna
and appointed to aid him in the administration of his de
partment'' w "
ln me same debate, will refer to the speech of MIR
oeugwck, who ssid-"Suppose, sir man becomes in
sane by the visitation Of God and is likely TO ruin our ar
airs are the hands Of Government to be confined from
warding oil the evil? Suppose person in Office NOT nos
sessng The talents he was judged 10 have at the time
he appointment, is The error not to be corrected Sun
pose he acquires vicious habits, ncurable
OF 'oa neglect oil The duties Of his office, which orbods
mischief TO the public welfare there no way TO arres
'he threatened danger? Suppose he becomes odiou,
sues, aud this he may do without committing any pos
1--WE ohence against the law he preserve his off
III despite oil the public w Suppose him g AT hi
own sggrandiz~ ent, and the elevation OF his
ny every means short Of the dened by the Cops
onhurryng your affairs 10 the precipce
ehuanSerng your domestic tranquility plunIerinq Won
OF the means OF defence, and alternating the affections Of
your allies, and promoting the spirit of dscord is There
no way suddenly TO seize the worthless wretch and hun
him from the pinnacle Of power? Must the tardv 10.
d'ous desuitoy road, by way Of impeachment he ira.
yelled, 10 overakc the who, barely coDlininy him
sell within tie letter Of the law, is employed i'm dra
ing oil the vital principle OF the Government