Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1837-03-23
NEWPORT:
Mr.. ATKINSON,

papers in this town, which publish the laws
of the United States, you will do Inc favor
by giving it place in the "IlERALD OF THE
TINES" together with the accompanying re-
marks. DAVID MELVILL.
The report was published in the last num-
Der of the Herald. The remarks alluded to,
are as follows:
The report of the Committee on Commerce
of the Hou,e of Representatives of the Uni
ted States on the Memorial Of David Melvill,
of which Committee the Hon. Dutee j. Pearce
was member, is deserving Of a critical ex-
animation, to ascertain the soundness of the
reasoning, and the correctness Of the result,
to which the committee have arrived. Mr..
Pearcc was fully acquainted with nearly all
the facts stated in the memorial, and being
from this district, one would have supposed
he would have been selected by the Commit
tee, to draw up report for their considcra-
ton and adoption; unless from delicacy TO
him, as he was alluded to in the memorial, he
was excused from the task; particularly'as he
would have it in his power to correct any er-
rors that might occur in the report, before it
was reported to the House. From the cir
cumstance that the name of the mcmoriaIist
was mis- spelt, and the statement that he
"Seems TO think the removal of himself, was
because he was not possessed Of freehold
estate, and could be of no use to the party"
seems to eXonerate him from the authorship
since he is too conversant with the name to
without reserve to the memorialist, that as
the strongest reason for his removal. 1t is
presumed, however, that it was not the pro-
duction of the Hon. member OF the Committee
who reported it to the House, who is repre-
sented as a gentleman of nice feelings of
honor, and not u thorough going -party-man;
but let the report have been drawn up by
whomsoevcr it might, it carries on the face of
it the marks ofan cq,tivocating attorney, argu-
ing bad cause, and was evidently drawn up
under the bias of strong political excitement,
and under the influence Of considerations and
feelings, less creditable to the author as a
member Of Congress and Of the Committee,
than mere difference Of opinion in politics.
/ The report recites but two Of the material
charges contained in the memorial; first, ''that
the memorialist with five others of the sub
ordinate officers of the Customs were dis
charged from Office; and as the memoralst
says, for no other cause than their disagree
ment in politics from the present Admnistra-
tion," or "because they were not qualified as
voters by the laws Of the State of Il. Island,
where they reside, and could not Of course
aid in the views fthe existing administration
and its friends."- memorialist
complains that his removal from office, as
well as that of the other subordinate officers
was iOrong and oppressive, and he thinks the
real ground Of the removal of himself,w be-
cause he was not possessed of freehold es-
tate, and therefore could be of no use to the
party" The report then -recites the prayer
of the petition.
! 1t does not appear by the report, that the
! Committee went into any examination as to
the truth or .Jaisity, even of the allegations
! they recited in the report; or made any in
! quiry as to the truth and correctness Of any
! of the facts stated in the memorial; nor does
il deny, or attempt to controvert any charge,
| in fact made. The statement Of facts made
=. by the memorialist not being denied,-the
truth of them is virtually admitted; and eve
ry act of which the memorialist complained
justified and approved;-it follows, therefore
that in the opinion of the Committee, that
"meritorious officers" against whom there is
no complaint, and who are declared to have
done their duty correctly and faithfully, may
be removed from office, 'for no other reason
than their differing in political opinions from
, the party in power"-or "bccause they are
not possessed of freehold estate, and there
fore can be Of no use to the party,"-ant
that they may be removed by the dictatlon o
four or five irresponsible party men, to sub
serve party views.
i Upon the above statement Of facts (refer
ring to those recited in the reporD it coniln
ues-"the only question to be answered is
D whether this description Of officers have
right to hold their offices for life. Upon NJ
b other ground can the removals of which th'
; memorialist complains, be considered "u'Dusi
. oppressive, or prosenphpe."
: The report then assumes ground not tax
e en- by the memorialist, and states, "that h
complained ofthe Collector of that port in re
0 moving him from office, and it therefore be
comes necessary to examine into the premi