Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-18
Twcnty-third Congress. list Scss.


Speech Of MIR. PATTON, Of Virginia, in the House Of
Representatives., Monday, March 3. ICoNrINuEp
Inevery constitution there must be some provision m,,e
Tor carrying into effect the laws OF the society: some off,
Ger or oicers who are to execute the laws These Off
GERS whonsoeyer they QuOad hoe be
ohcers-and from the very nature OF Executive duties
mere must be certain degree OF prompne and energy
In those who have the execution Of the laws in order 10
secure ther eIncient execution, and at the time
greatest possible degree OF responsibility ought 10 be
served In order that the safe and faithful execution Of the
Jaws may De ensured While these general principles
nave oeenrecognised by the trainers oil all republican
constitutions great variety is found exist the form
auoP'eu by men, In some the jealousy OF the Executive
branch has been pushed TO excess Others an
sion oil danger from the usurpson OF power by the
i've department seems 10 have great extent;
and in some the Judicial department appears have been
regarded as most Formidable, feeurs, Of oil the
Departments, made entirely inefficient check on the
others-by being made wholly dependent one or the
DINER oil them In the federal Constitution the effort was
made TO separate the three to great
and at the same time 10 preserve in the hands Of
some check or control the others In this
dent OF the United States What is"Execuave poweri"
The execution and seeing TO the execution of ie laws
which the legislative department make When officers
are created ny law, II then becomes the duty the Execu
tive branch to appoint, and where 10 dspace
an ohcer previously appointed. The power of appoint
men is by The express terms oil the constitution qualified
Uy e requisiuon oil tile concurrence of the Senate
The power oil removal, being thus qualified and re-
resiues IN The President, where it is vested by the
constitution, as part OF the Executive power II ia i'm
vain that the constitution has said in express terms that
the Executive power shall be vested in President of tho
United Staesif by law may be placed else
part may be, the whole may be placed by W
and thus the constitutional distribution of power utterly
aorogaed Ii is power coDlded responsible officer
elected by the people, and whose service is limited
IL INSTEAD oil relying on his responsibility, you have no
other protection than the power impeach an officer
every one must see how unsafe, how Insecure would
be The public interests. II the power oil removal Tex
cept by impeachmenl) is not conferred by the con.t
tuition on the President, it is not provided for at a-or
Is obviously not legislative judicial power This
l,.l NJ.
decided by the Congress OF 1889 we'll as the grounds
OF constitutional authority, and political expedency on
which 1t resed-and although il was srenuousy resisted
and denied at that time, yet il has since been
regarded settled, and has been universally
in No one contends-I surely do not-,hat this pow
err OF eviction from Office may be exercised wanionlv
and caprciousy but bona de and honesty Tor promoting
the prompt and execution of the law This is
necessarily and essentially in its very nature an executive
duty IL Is idle TO talk OF it, any part OF it, as egs
latve duty. There is moral well as constitutional
impossbiliy and prohibition TO the legislative department
engaging in the execution Of laws in such government
as this The consiiu on il is true, gives the Senate
participation in the power Of appointment il also gives
the President participation in The making of laws these
cases present exceptions to the general rule But why
discuss THIS as question OF power? The legislature
the immediate represe natives OF the people and of the
States IN Congress assembled, have recognised il as
constitutional power in the most solemn form, both the
law establishing the Treasury Department and in the laws
establishing all the other depar ns, 50 that the Pres
dent undoubtedly has the power whether by the law or
the constitution, as 10 this unimportan But Mr. Sneak
er, this whole matter debated more than forty wears
ago. much more ably than caD by men NOT Inferior
TO any Of those who grace the halls of eqsa
ton In This country will trouble the House with some
extracts from The debates OF that day. and select espe
orally from The various speeches made by Mr. Madison
whom am proud TO acknowledge, political apostle of
OF the faith in which bred, whose countenance /
have enjoyed as my guide and counsellor ON MANY oc
casions and hope may say my friend, always.
having been conended in the debate in 1889 on the
power oil removal, that officer could under the Con.
snu'ion, be removed but by impeachment, Mr. Madison
said Il quote from Lloyd's Debaes)-
linn nj fha .;t.,S.x.~
Iecf estaiish every officer The firm of good be-
haviour-no the heads Of departments only but all the
inferior officers of those departments would boIJ tber
Offices during good behaviour"
Alter stating that the power of impeachment was given
to reach cases in which officer might deserve i'm.
parchment, whom the President would not remove and
tha II might be necessary TO impeach The President he
proceeds
81 think it absolutely necessary that the President
make him, in peculiar manner, responsible for CON-
duct, and subject him 10 impeachment himself if he su
iers them TO Perperale with IMMUNITY high crimes and
msdemeanors against the United States or neglect TO
suPernend their conduct, check their exec sses
On the conStitutionaiify Of the declaration, haze no
manner of doubt"
MIR. NJ adison, again:
IL is one OF the most prominent features Of the Con.
sutioD, pAcpe that pervades the whole system that
mere should DC The highest possible degree of RESPONSE
II he he hssds o ssss' hrsO
subject to removal by the President alone we have in
him security for the good behaviour OF the officers U
ne does not conform TO The judgment of the President
n doing The Executive duties Of his office, he can be
displaced This makes him responsible 10 the great Ex
ecuve power, and makes the President Responsible 10
the public for the conduct of the person he has
and appolned to aid him in the administration of his de.
partment."
II having been asserted that the power of remoysl wa,
incidental TO the power OF appointment and
that the concurrence OF the Senate requisite, Mr.
Nj adison replied:
ell you take this construction and say an officer of the
Executive Department shall not be Displaced but by and
with the consent Of the Senate The President no longer
answeTabe for the conduct OF the officer oil ,oH depeud
upon me Senate you destroy real responsibility without
obtaining a shadow"
'But Why IL may be asked, the Senate Joined with
the President, IN appointing Office il they have no re-
sponsibyF 81 answer, Gays Mr.. Msdison0 merely for
the sake OF advising, being supposed from their nature
better acquainted with the characero the candidates than
individual"
The declaration OF the removabiliiy of The he ads of de-
parmenIs, then carried by vote OF nearly two TO one
The debate subsequently resumed in the House. and
very animated and glowing pictures having be en-
the power OF remsval-lhe models after which many of
the speeches OF the present day 10 be fashioned
Mr. Madison, 10 reply, said
believe the power here declared 10 be high and,
right decision this point, consider both sides
OF the question.
Wien we consider tina, the Chief Msg.trate i, 10 be
appointed by, at present, the surages Of 30O0O0n Of
people, and, in few years time, by double that
Der, II Is not to be presumed that vicious or bad chsrac
ter will be selected.
Under these circumstances, although the trust IL q
high one, and, in respects, dangerous one 1 am
not but it will be safer here, than placed where
gentlemen suppose IL ought 10 be.
IN is srdently The Intention of The Constitution hot
The first Magistrate should be responsible Jor The Ere
euiue Department. SO far, therefore, as De do not make
the officers ,ch0 are 0 aid him in the duties of that de.
pdient responsible TO him. he is not responsible 10 The