Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-04-20

concession to the opinions Of the Executive, wholly
unnecessary to the Of the measure for it would
nave passed in spite of the veto; and it was conces
sion, IN my opinion, humating 10 the Legislature and
Pernclous in its practical effects II has already driven
US to the issuing Of Treasury Government pape
money-to the amount Of millions; an ISSUE extremely
doubtful point OF constitutional power and always
be avoided, in point Of policy when practicable
very short time after the passage Of the distribution
or depose act, the President directed the Secretary Of
tho Treasury to bis famous Circular directing that
pa ments for the purchase of public lands should be |
made in gold and silver only except by settlers and re
sldens of the States where the lands lay, who TO
be permitted 10 pay in Gland office money. or notes Of
certain State Banks until some time in December
suing the date of the Circular which think was The
llth OF July 1886. more extraordinary and ndeien-
sIbe act of Executive power hns rarely been perPetraed
proposition had been made in the Senate 10 authorize
inc Executive to require gold and silver IN payment oil
The public lands 1t received no support except IRON
the mover OF the proposition who on that OCCASION
SOLITARY and alone" pre- empton law, giving pre-.
ference to settlers the public lands over others had
also been before Congress- and after deliberate discus
sion was voted down. and yet, within less than fort
night after Congress adjourned the President by act
OF pure Executive legislation made the law which Con-
gess refused to make, and enacted more extensive
and important discrimination between those who contrI
buted 10 the public revenue than Congress ever did au
thorIse or ever would have authorised IL was an act
IN my opinon-and | pronounced it during the last
Congress-illegal in its origin and mischevous in lls
effects. 1t condemned by more than thirds OF
Dntn branches OF Congress bill passed tor Inc Pur
pose of repeating it. The public voice. with unexam
Piled unanmity demanded It's repea yet all these things
were disregnrded The late President gu, Of Office
with the bill in his pocket, thus verng his qualified
veto into an absolute negative upon the law OF Con
gress, and this upon The ground sustained by curious
opinion OF The Attorney General that the bill might be
susceptible OF different constructions and that the Pre-
'Ident had not had full time 10 make his opinion what
| would be the true construction This might be a good
reason for putting his veto the BILL but none what
ever Tor preventing Congress, they had The
difficulty Of comPrehendng it, from exercising their
constitutional prerogave of passing The law his doubts
and scruples to the contrary notwithstanding Still less
did this apology the present Executive, who had
ample time 10 consider the bill, and whose first impulse
and design, it i'd believed. to yield TO The
and entrealies of his friends lie length did
yield 10, know not what "mugn influence" lie perse
veIed in gardng the legislative will and turned deaf
ear TO The voice Of the people He persisted in enforcing
the odous decree when the and predicted dis
aser occurred, which this Treasury order contributed be-
yond all question in greater less degree 10 produce
AS il to mock at The calamity Of the country wien fear
and came upon it, he brought forward. and is still
urging the adoption of his i'll starred and Porenous
Sub Treasury expedien making the Treasury Cir
cular permanent and universal feature in financial
system-wh no hope probability OF passing it, but by
bare majority, and that, too, by the votes of members
acting in opposition to the known and expressed will of
their constituents TWAS this measure, what mi,i
gated from lis original detormity, which was on my
motion, laid the tabic Of the House Of Representa-.
tives, short time since Immediately upon its appear
ance in the House. And rejoice in the belief, that
this disposition Of it but the prelude to the still
decisive and final rejection Of The whole scheme with
all lis ennrmities
There is one other subject, 10 which think il proper
10 advert mean the President power Of removal and
the principles which it ought 10 be exercised and
striccd In 1c3i, maintained this power Of removal
constitutional, vested in the Executive, and howe
liable abuse as being safely lodged there than
! in any other department. have not changed my OPT
MON in the least on that subject On that power Of re-
al hnyn hppp in he naiy fuo
grated doctrines, which, If sanctioned by the country
would stamp upon Constitution Of the worst fea
lures of the most unmitgated tespo,ism In the report
Of the minority the Post Office committee Of the House,
made in 1c:}5 but which believe did not read for u
or IL months AFTER II appears That Postmaster who had
been frle ndiy the Administration, but suspected
"oi not being real supporter OF it, was upon that
ground alone removed from otfice-that other
of removal appeared among the papers assigned
or claimed BY the Postmaster General He, in his let
ter the committee. communicating the papers touch
ing the removal. places his compliance with their call
for the papers, solely the ground, that {" the House
Of Representatives constitutes the grand inquest for i'm
Parchment and when acting arHh ritT 10 TINT 0tect,
may rightfry examine the inducements which were
presented 10 the Postmaster General for Enaknga reno.
val or appointment and his motives in performing such
act" Evidently implying that even the House Of Re.
representatives. have right TO enquire into such matters
except they intend to imPrach. lie did however, send
the papers This was in the liE'e OF Mr.. Barry The
majority Of the committee, after examining the letters
and petitions for and against the removal resolved that
there nothng in them which in the slightest degree
impsachS The rnotrcS eliminates the act Of the Post
master General, is in any respect material 10 any OBJ
iect of legislation Of public interest Or concern. And
the letters and papers returned 10 the Postmaster
General Taking all this together, are left TO
cude, that il the opinion OF a majority Of the com.
mtee, that the removal of a "fai'bful capable and
honest" public officer upon no other ground than his
not being political supporter of the Administration, is
no violation of official duty that the knowledge, that
such right of removal is claimed is in no rtspcct ma
rrial TO any object Of ttgislaon nor Of any public
interest or concern" And this. too, in a in which
il also appears that the put in the place thus vacated
because he was an undoubted parzan Of the Admins
iraon after remaining in office some time abseondtd
in d.auL to Mc Government for all The posages recetrsd
during his continuance in office.
Soon after the re organization Of the Post Office De-
par,ment the present incumbent issued circular 10 the
officers in that department. i'll which he in substance
informed Them that they were 10 consider themselves as
mere hirengs of the Executive-to be put IN or put out
10 be put np or put down at the will of the Exc
cutive who the appointed agent of the people thus
summary to dispose Of them, without any right on the
part of the officers to complain
During the last session of Congress- the House of Re-
representatives. by almost unanimous vote, raised a
committee TO ''enoure into the condition Of the various
Executive s-"into the in which The
public business discharged in them, and 'into oil
causes of complaint from any quarter at the manner IN
which said departments" sin duties pertaining 10 the
public interest have fulfilled or failed 10 accomplish
the objects of their creation, or have violated their
duties have injured or impaired the PnoIlc Ger
vice or interest,"" &c. The committee adopted sun
dry resolutions of enquiry addressed 10 The President
and heads of departments, coming clearly within the
scope of the investigation contemplated by the reso'
luton Of the House The letter OF the President IN an
swe to the enquiry objected the investigation because
the departments not called to answer any spe.
cfc ekarge, "not explain any alleged abuse, "no to
give information 10 any particular transnetton but
assuming that they have been guilty OF The charges
alleged, calls upon them to tuTnIsh er'aenee ogG,ns
themselves" He characterised the enquiry as 81 in
open violation of the Constitution as counlenancng
! the ma kim" that all men are 10 be presumed limo.
cent until proven guilty"-that he and The depart.
ments" were required become their accusers and
TO furnish the evidence to convict themselves. He