Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1835-04-09


from time to time ves, in him by iaes passed pus-
susnce Of the Constitution. And Afterwards the,
sum up he duties by saying ho shi see ,ha, the
laws are faithfully executed.
Under these several claims tho executive nowors
are easily ascertnined We Arst look into the Cor
si'ation, and there see what powers are expressly
given to him. Next we look TO the acts II Congress,
and there find what powers Congress bss vested
him WITH and thus we ascertain his whole pow.
ers and then VIC see that his duties ore To see that
oil these powers are faithfully executed Il 10 40
much his duty 10 scs tina, power vesled in him by
constitutional lnp IL faithfully cxeeufed as |, is
TO see thu, npower vested IN hun 10y The Constsa-
ton itself ia faithfully executed.
Whatever powers are vested ny ihs Cor s,ilu,ion
Congress has no power 10 change whatever pow
ers they vest by sta.lo they may sianrs and msd,.
~ nj pleasure
Any other notion o! executive powers vested in
The President II seems 10 me, esnpo, be maintained
under our formof government
by the Conftituion tWo classes Of ofncers ere
evidently Intended Ia relation to sns Of these
Congress is bound to create them, md, when c,ea-
ted the tenure Of their Office 10 fxsh by The consti-
tuition, and can never be changed by DC. Of Con-
grcss.
As 1t rolatesto tho other Gloss, Congress may
eree'e the officer, not u, they plcssc. In crea-
ing u, thoy may fG ihe fenxrs a. they tlcsse.
for life, for yenfs or AT will they prescribe
what duties they plense, and FIX the computation
lo suit their own pleasure aud they may point out
the node IN winch tho sfheef in TO ts tsmsyed or
displaced.
Every officer specified in tho bin now undet con-
sidern'on falls within this !dfs, class.
They are what IL called ia the Constitution
inferior otheers' the appointment of whom Cep-
grc&s may vest In the Pfsadsnt aions, in the
courts ofjastles, or ~ the heads of tho depart j
mcns." =
Congress, then,h as complete power over all theso
ofaers- they may crspto and abolish the office NJ,
pleasure, Ak and mostly lhs isnsys ~ they choose
and regulate a, rsosu,s the mode Of getting elssr
of the officer. They may srhe, hove thsm ap-
pointed ne they nov are, Ly ,he President with tho
advice Of the Senate OF b. The Pfes1cnt sionc, or
BY the courts Of justice, the head, ofths depart
meets
supposc The bill had provided hat district a,ior-
iorn's' should be appointed by the couu,. ~ hold
their Offices dutlng the pleasure Of the Court, but
when The Couts removed one snd opponed an-
othcf they shovld "a, Gown the reason 10, temo,ni
would any gentleman say such provision wa.
anconsu vonal fancy not
suppose all the Other oihe,f. TO be appointed by
The seseary OF tho Treasury, md him vested
wilh power Of remoyal. Lut n provision insef'-
ed that when he appointed Successor he should
ante Why he had removed The iucsmtsnt Would
sa'h u provision W uteor.ulu ional lbink
not
ltsveh Provisions would 10, ~ iloss casrs lie
sneons'iIn ,onn. Why will the like provisions bo
unconstitutional. when the President $50 sppomt
with the advice and Cone, n, Of ths Srn,tc In
eaeh caue Il ss Legislative tnaciment on a subject
where Congress- hns express power 10 at ns il plea
scs, without limit ition ID, law therefore being
constitutional. The Pfesijsnt would la Louhd 10 geo
II faithfully cxccned
To me !, opp,at, % plain that Congtss. hss he
power'o do What this bill proposes ,lnl fe.l some
surprise there should bs any variety VI opinion a.
mong us upon this question.
Ours IL cmphntcnlly n gorerhneh, Of laws.
Wo are free people, because II IL 20. Whenever
ihs VIII of the people isexprcsscd either IN the
Constitution, or IN n law passed in Pursuance there.
Of. II mus' be complied with because eeeoriinr 10
the theory Of cur government, tbs PEOPLE are sVys-
lelgn.
No person doubts, or can do1bi, the power Of lhe
Prosdcn, to remove in these cases but The manner
in which he acquires this power is different quss.
ton. Gentlemen who argue ngans, this section
say, he has II from tho Con,,i,u,ion, because II =
nm executive power. deny his, and say il mn *.
ecnilse power because il IS made 80 by ytntuic and
he performs Constitutional du,y when ho re-
moves, because he is Ms much bound TO perform
fteeahre duties pointed out by ilatnff as he IL
to perform those specified in the constitution /,
Is AN Executive power. because it was the w'll OF
the people, through Congress us their agent 70 moke
il 81, aud the .nmo power through III. snrno sgcr,
could have made ii ,udie,ai dNy, If il had been
deemed wise 40 10 provide.
When our reason has fair play IL appears 10 m.
there can be no difficulty on this poim. In 1859,
as We have seen, Congress, by the casting vote Of
the Vice President though, this power Of removal
an Executive power under the Constitution Ffom
lha, time this ali officers of this clnssssye held
their Offices during hs pieatnrs e(tts President, 80
expressed in the commission itself Subsequent Alta.
tule,, and especially those Of 1890, speaking of
lhess very officers being removed and holden spnns
PLEASURE Indicate 'emovah by the Presiden, and at
gress autAo,,S hs rsmopol who con doubt Tie
power OF the President TO remove1
Bot suppose, by this very bill, Congress shoulI
soy these officers should hold their Offices during
good behaviour, what then becomes Of this Gov.
ftntiosaL Executive poton X 10 converted
INTO ,udietnl power and you have no way to
move the incumbent, su, by impeachment, or by
an cxer,on Of irgi:lntvs power in sb,l,sAtng tAs
cGee.
II we suppose this power Of removal conferred
by 3tututc and not by the Constitution, our whole
course is consistent in our Executive business. We
have repeatedly refused TO cell upon shs Executive
for his reasons, ard Why Beesuss the Statute,
had vested tho power Of removal n his pleasure
me,sly. and ore branch OF Congress alore had no
power 10 require that which both branches hnj not
seen At TO require.
Mr. President, these arc the principles upon which
| wss prepared TO net in 1926. They ere thCso ur-