Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1834-10-20
VOL. XIII.-.Nn, 80.

~ W 'i.s o''l 10 establish the Department of Fov@
! e,s" hha'rs now called The Department OF ssts, a
clause which declared the Secretary 10 be remoye :
bic by the President. Il was nep as,yed hv = ma
, loIhy Of ~ 70 30. Mr.. Marshall, IN his life of
washington (vol ID page lG2) remarks thai tho
"PlnIon thus cxprcssedb by the House Of Rcpre.cp-
'ahVes, ql' not explicitly convey their seuse Of tho
constitution indeed the express grant Of Ire t,ow
20 the PRESIDENT rather implied right in tho Ie-
glsihufe h give or withhold IT AZ their dsscrelot
10 ohsinte any mssnndcrsto nd,ne OF the t,sinei,
ON which The question had besn decided Mr. Bon
} son moved IN tho House, when III. renor Of
conmisiee OF the Whole wns taken W.. TO amend
nc second clause OF the bill rs ccai to Ifnrv
me power OF removal TO be solely in the President
lie gave notice that II he should suceesii in he he
would move TO strike GU, Ihc words " hich had
been tho subject of the d bate II ttose words
continued he snid the power of romova' by the
President might hor eeicr appear 10 be crcxed bv
virtue of legislative graft only, and cons, aus4liy
DO subjected 10 legislative iaslabiiify wben bs
wns well sntisGcd IN his own mind TINT /, was bv
aif construction Il ed in the consttut On The mo
! ton was stconledby Mr. Madison ~ botn n
mendtnens we'e adopted. As the bi passed ITO "A
| aw, " hns over been considered US u f,iii EXPRESSION
OF the tnse of the Legislature on tins important
part OF the "A nel lean constitution
| II seems IL have en- admitted on ali s,.l,p i,
| 1882 that the appointing power was compstati fl,
remove the objection to the right oil The y, esta4p.
on inc part OF The minority, resting chiefly pn fhs
non.eoncn,rencc oflhc Senate hlch paftieipst-1
IN tho npPonmcnt)ip tho act Of ren,oval The
solemn decision Of Congress determined TINT a r..
| movn' hon oili,e mev be made by Tho Pr.sl.lent
without the control or interference OF The SENATE.
ms beng the principle In regard TO officers an,
pointed by the President and Senate. no doubt cao
bo entertained Of its governing the case If como
vn' by the President Of nm officer appointed by
himself alone. II seems to follow necessarily TOO
That tho Honds ofDernumen's in whom the power
oil appointing inferior officers 10 by law Vested n
sfeeno'y TO lho constitution, my remove them
withou' The consent of the Senate, IND without be-
ing bound To exhibit the case, oe the regions ind,,.
eng tho chnnsc 10 the Senate, either before or nf
ter the aci ~ Pe'fotmcd They possess tho power
| o.hprolnting nfefior officers IN the same manner
that the President holds Il in regard 10 superior ~
fieers In EACH il ispurey an executive power. III.
exercise OF which neither branch Of Tia log stature
has fiehi to interfere with, or influence
me coll OF the committee can be sustained only
upon the principle that the Senate alone has a r,ght
10 inquire into the reasons which induced an exc.
couvo officer 10 dos particular executive act hiv
| legal power to do winch, according Ia his discrc-
| TOM undeniabc. Give the principle assumed tho
advantage OF an application to who'll co.ofdna.e
| Department Of he Government, Illus Concressa
fght to Inquire into llle reasons which induced The
performance OF any Executive act by the Pfesl-
dent, except IN tho case Of nm impeachment, hen
| the inquiry must be by the House of Representa-
WEST Or Inns either House of Congress the rieh,
TO require ofiic Judges OF tho Supreme Count tho
grounds ol its decision IN any particular case in
which II has rendered Judgment Can either
! House ba required by any power III The Govern.
mcn', to st1lc the c,uscs which Induced /, 10 re-
move one Secretary or Cletk and appoin, another
IN its stead These questions need no nnswer
| Whilst denying the right OF the Scnate's Conn
mittcc 10 inspect the letters and apers received bv
the Department, respecting removals and appoint.
mems OF Pos'mastcrs 10 examine the reasons of
them, would not be understood rs dlsclaiming any
Inability to scrutiny by the House Of Representa-
| lives, or It's committee, 10 which the Department
mny rIghtiuily DC subject ;.nor as affecting to i'm
pair tina, responsibility in regard, which /, is tho
peculiar function Of that branch Of the Legislature
To originate proceedings.
The views above taken in this answer wonld
seem TO have beer entertained by The Senate % the
United States N 1880 On the 2S,h April of ,ba,
year, the following resolutions, offered by Mr.
| Holmes, were considered
Rcstced, Tina, the President Of the United
States by the removal Of officers, (Which removal
was not required for tho faithful execution of the
law,) md hlling The vacancies Inns created IN the
recess of the Senate against the iateres, of the
People, tic right OF the States and the spirit Of The
| constitution.
! Eesotped, That il IL the right Of the Senate 10
inquire, and the duty of,ho President 10 Inform
them, why. and for what cause or Causes any of.
! Ger has been'rcmoycd in the recess
RcsDlrcd That the removals from oIRce by the
President, since the last session ofthe Senate SEEM
with few exceptions, 10 be without satisfactory
reasons, against the public interest," the right OF the
States, md The spirit of tie constitution Wherefore
| RcSoircL, Tha, the President Of the UnieI
S,acs he respectfully requested TO communicate to
tho Senate the Dumbcr Names and offices Of the oli-
GERS removed by h m since the last session, with
The reasons for each removal"
On motion Of Mr. Grundy, they were Indefinite
" postponed, that IL, virtually rejected by the fol-
| lowing vote
! "fEAs- Messrs Adams, Barnard, Benton,
Bib. Brown, Dioknson, Dudley, Ellis Grun.
dy. iiaync, itodel Kane, King, Lv,ns on, McKin
| ley, Mclean, Rowan, Sanford. Smith Of Sou,h
cAfolmh Tozewe0, Tronp, Tyler. Whic Wood
bury 81.
NAYS Mcssrs. Barton, Bell, Burnct, Cham
brrs, Chase Clayton, Foot, FreIing huysen, Hen
tricks, Holmes, Johnson, Il night Nauden Noble.
K bb'ns, Rugges Seymour, Siisboc, Spragur
! Webster, WIlley-2L"
! ~ 1881, the subject was again discussed IL the
Senate, as will appear by the following exa from,
The Journal of that year: i
the Senate resumed the consideration Of the ms.
ton Submitted Ny him on the 81 nstam, MS mod
flied declaring that the Select Committee aI,-
pointed TO inquire into the condition of the Post
| othec Department, are 10, authorized 10 make