The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-04-17


Office hs tho sacrifice u their consciences by nm
worthy eonpllalces VI any Bnt still il will he true.
In general from the very Of ihings that those
Who GIL public Offices will be animated by the sp-
rit and governed by the views, with the power
which eosjsis aud can fake srsy those Offices More
especisy must this be the when that cenlious
moIio Of party pfahs, !" 10 the yirtors belong the
.pos uttered 10 - evil hour this floor by Seaa-
TOR fom New York, (Mr. Msrcy,) IN reference the
official trusts Of The country. shall every thing nd
Gates t WILL be fully carried ont IN prsctce. Que Of
the Heads Of Departments indeed, il ssxe not Che
Postmaster General has 10 substance openly proclaim
ed in letter published not long since, that he should
consider himself guilty Of treschery 10 his party II be
appointed Office any who was not supporter Of
the administration ! pretend not 10 quote the words
hut this according the best Of my recollection,
the substance and spir. Of the declaration
Office holders. then, Ia general. from the nature OF
things and from the tendency of the times, must be cx-
pecfd be animated with The spirit, and devoted 10 the
policy aud views Of the Chief Executive Magistrate,
from whom, directly indirectly, they derive their APP
poin,Inepts, ard whom they depend ioi continuance
IN Office Surely, no candid and rejecting man VIII de-
lihersely that persons standing ~ this situation
ought 10 be licensed, much less prompted and encou-
ragged 10 take aefre part in controlling those popular
through which was the design Of our epob-
ican system that the conduct olhemseves and OF their
superors should be brought to tho test Of free, svre
rs,ga. and unbiased public Judgment
The honorable Senator from New Jersey. however.
seems think it pery great hardship violation OF
the equality Of our laws aud Of the spirit Of the Cons,i
sutton that persons holding public offices should be tenn
porary abridged Of privileges enjoyed and exercised
by other citizens Bot is this any novelty IN our poy
or legislation Does not the Constitution itself espe
caly provide that mn person holding any ees under
the Uiied States shall be member Of either House OF
Congress dur:ng his continuance office y and also.
that person holding office Of trust or profit
der the United States shall be appointed Elector OF
President and Vice Presideai I" These are privileges,
and very high privileges too. Especially the 6rsi) en-
)oyed by oil other citizens and yet the express fiat OF
the Constitution excludes all persons holding office from
the enjoyment of them while they shall continue in office.
Are ofce-hoders better fitted have they in the eye
of reason and sound policy any better right to erect
themselves into political guardians and pompiers Of The
people IN elections than to be their representatives and
servants 10 the Legislature, from which have Just
they expressly excluded by the very letter Of
the Constitution Tho honorable Senator also said, IN
his report, that under the existing laws citizen OF
State does not by accepting any Of the offices un-
der the Federal Government, forfeit any OF the rights
and privileges which belong TO him a citizen OF
State" Now, sir far the legislation Of the Com
monweath which have the honor represent, part,
on this floor is concerned the gentleman is wholly mis-
taken by accepting an office under the Federal TO-
veTnment, citizen Of Virginia does forfeit during his
continuance IN snch Office the privilege enjoyed by all
other citizens Of the State, of eligibility Office
der the authority Of the Commonwealth BY an act Of
fundamental legislation coeyal with the adoption OF the
Federal Constitution and still preserved in bold relief
i
ing accepting any office, &c. under the authority Of
the United States, shall be capable Of holding any Office,
kgisidiire, eIecn:ipe. judicial any other e6ce,
place, appointment Of trust profit, under the Co
vernment Of this Commonwealth" There are doubt
less, similar provisions in the laws and Constitutions of
| the other States
We see, then, that all our institutions, State and
Federal, create broad line of distinction between
office holders and the general Of citizens. They
impose political dsqoal fcations and restrictions upon
fhp Cnrtn d,fryo pfTr
which the great body Of the community are exempt
nd wisely do they do il. These exclusions have their
origin in that saluary jealousy Of power which Is the
very instinct and vital principle Of liberty What does
Mr.. Jefferson tell in that very passage which the
honorable Senator has quoted in his report apparently
unconscious Of force aud just application TO over
throw all the wire-drawn arguments OF his elaborate
defence Of the equal rights OF office holders! Does ne
tell that free government Itself Is founded IN
jsatoasys IL is jealousy. not confidence which pre-
scribes limited Constitutions to bind down those whom
obliged to trust with power
One Of the most conspicuous fruits OF this wise
jealousy. wherever free government is known is 10 re-
strain all persons invested with public office from any
Interference with the free exercise OF the sovereign
right of election by the people. The Senator from
Kentucky has shown what the solemn deca-
raiions Of Mr. Jefferson this subject before his ac-
the Presidency. and the memorable circular
which he caused TO be issued pursuance Of those de-
carations after he entered upon his high duties He
has also properly reminded of the emphatic adoption
Of the principle by President Jackson when, in
his first inaugural address he announced the country,
The leading branch of his "task Of REFORM" the
correction Of those abuses that have brought the patron
age Of the Federal Government into conflict with the
freedom Of elections" We have seen. also, what has
been the legislation Of that country (next own,
the freest under the sum- and from which ancestors
brought with them many Of cherished lns,i
tu'ions) for the purpose of REFRESHING official intere-
| renee with the freedom Of elections
| But the Senator from New Jersey seeks to weaken
the just influence of these weighiv opinions and grave
| precedens by ascfbing them pary considera-
ton Of temporary expediency, rather than to the con-
trolling authority of great and enduring principles Mr.
Jefrrsons declarations, well that Of Gen jackson,
he seemed 10 intimate, intended refiec-
ton the conduct Of their predecessors than as the
annunciaton Of great principle Of civil government
(llerc Mr.. WALL explained
! Mr. RivEs resumed. and said Let look at the
declarations of Mr. jefferson themselves. and then
| shall understand their true character and import. He
had received, while the Presidential election yet
pending, letter from Governor Mexican Of Pennsyl-
vania informing him Of the misconduct of certain
Federal officers in that State. In his reply, dated
| February 2, 1901, he this emphatic language:
zone thing will say, that as to the future, inter-
ferenccs riM elections whether of the State or Gene
raj Government, by ebcers Of The latter should be
deemed cause OF removals because the constitutional
remedy By the eicetirc principle becomes nothing, u
may be Smotaered By The enormous patronage Of The
General Government"
\ Inc cncular WHICH ne Caussu " oo issueu ny HS
several heads OF Departments, nedatcy after his in
duction into Office, is in the following words:
'"The President Of the United States has seen
with dissatisfaction officers OF the General Govern
ment taking, on various occasions, active parts in
elections of the public functionares whether OF the
General or Of the State Governments. Freedom o.
elections being essential 10 The mutual independence ~
Governments and of the different branches Of c same
Government so ritay cherishedby most Of our Consft-
tufons is deemed improper fer c6eers dependtng on
the Ezccutips Of The Union 10 attempt 10 control or IN
ain instructed therefore 10 notify all officers with
| III my Department, holding their appointments under
liz If the President directly, and To desire