Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1840-05-04
p OIL / T | G. A l..
VOICE FROM THE OLD
DEMOCRATIC RANKS.
A LETTER OF HON. HUGH L. WHITE
OF TENNESSEE ON THE SUB-TREAS.
URY, PUBLIC LANDS, &c. Sc.

! OF TENNESSEE ON THE SUB-TREAS.
URY, PUBLIC LANDS, &c. Sc.
[Concludedl
Your third resolution unquaIifedy condemns
the p DIVISIONS OF bill Of the last session, entitled,
bill to prevent the interference of certain ieder
al officers in elections, declares the same 10 be
violation of the Constitution of the United States,
nnqunllfedly condemns the vote given in favor Of
sud bill by my colleague and myself, and insrucs
your Senators to vote against, and to use all fair
ana proper exertions 10 prevent, tile passage Of the
same, or any similar bill.
When my colleague md myself gave our votes
III favor of that bill acted under the same sol.
emn sanction of an oath 10 support the Constitu-
ton ofihe United States that the members of your
honorable body did when they voted in favor of
TINS condemnatory resolution. We had the bene-
fit OF very able arguments both for and against
the bill We examined it with all the care wo
could, and came TO the conclusion that it was not
unconstitutional. and believing That the prevailing
practice of the President interfering in elections,
both State and Federal through the instrumental.
i'y of officers who held their places during his
pleasure called loudly for q remedy, we voted in
favor OF ts passage.
II your decision was final, would not be so
childish as to ask of you reconsider the consti-
tuoual question
10 men Of ordinary capacity, or equivocal NOR
al character, miglh make such request, froma
bellef that the decision was hdSty one produced
Hibernate investigation OF the subject might leutl to
different conclusion but, when reflect That the
leading members Of that majority which passed
Tie resolution ure men as much distinguished by
their moral character rs by their intellectual at
tanments and deep research on objects connected
with constitutional law, and see that my vote is
not only " condemned" but " unquolifedlv condem.
ned, cannot hope that one of my humble pre-.
tensions could urge any thing which would occa-
sion even doubt in your minds of the correctness
of your decision.
But there is higher earthly tribunal than your
honorable body, that will Judge both your vote and
m,ne, and pass sentence dispassionaiely, without
any predsposllion to unquolfedy condemn either
, OF us, but in charity hoping that each believed,
when giving his vote, he was acting correctly. TO
that tribunal, then, common constituents, thro
you, their immediate representatives, beg leave
respectfully and briefly TO assign some Of the
sons which influenced the vote complained of.
Every officer named in that bill holds his Of
hce at the wM oft the President, and is liable TO be
dismissed whenever it is the pleasure of the Pres
ident 10 dismiss him. Each aud every one OF the
offices is crented by net Of Congress. The quali
hcatlon for the office, the tenure Of it, and the du
lies TO be performed by the officers arc, and were,
matters of legislative enactment.
The President has no power to dismiss
o troll one of these officers, merely because he is
President but because Congress, by ldio, gave him
. that power. The hill itself expressly provided
ndt hll these OlIcerS sOtlIn DC secure IN The night
10 te on all elections, according 10 their judg
meni, and only forbid their interference to control
!. and influence the vote of others.
affirm that Congress had the power TO create
these offices, or not, at its pleasure. That, when
.iey were created. Con grass could Irescribe the
duties Of the officers. That, if ii had been deem
l-ed necessary, Congress could have enacted that
the officers should hold the office during good be-
hdr'or but that, If any one of the officers inter
= tered 20 influence The rotes of Others in any cleo
mi mr. EaInr - H..
mednor IN office for ,uhich he should be dismissed
: When the bill complained OF was under consid-
Grafton, Congress had exactly the same power over
the subject that it had when the Offices were first
creating. They might have repealed the law en-
iirely, and thus have turned out every one ofhese
r officers.
: Suppose, instead of the bill complained of,
+ bill had been introduced and passed, stating that
whereas these officers were in the habit of inter-
u ferlng TO influence the votes of the citizens in cleo
lions, therefore, BE il enacted, that the law crea-
:; ting their Offices should be repealed, &c., would
y your honorable body venture the opinion that such
law would have been unconstitutional, aud that
these officers would still have remained in office
1 think not.
$ On the question OF constitutional power, there
9 can be no distinction between the case supposed
d and the bill complained Of II the one would
g have been constitutional, so is the Other
u Prior 10 the year $50, these officers held their
:. Office during pleasure. Congress then believed
q many OF them had misdemeaned themselves were
o deiaiters, &C.; and, with view to provide
remedy, on The 18th of May, in that year, an net
l. passed changing their tenure and limiting each
y of them TO the term of four years, aud made them
l. removable at pleasure within these four years.
10 Has il ever been thought that was unconstitl-
n ,onaI Not at ALL Yet such an objection might
u have been urged with much more force in that case
& than in this.
h The only reason assigned in your resolution why
al is a
these officers the liberty of speech and the Con-
sttution provides TINT Congress shall pass no law
abridging the freedom ofspeech and of the press"
This provision in the Constitution was intended
for the safety and protection OF the conpon cili
)t zen who holds no office Ii was foreseen that
IS those in Office might abuse their trust, aud to pro-
III iect themselves against exposure might pass laws
I'll restraining the cZens from censurng them, Ell
= iher in speeches or through the press. Now, in
rs your resolution you exactly reverse the matter,
q. and suppose il was intended to project the inslru.
IN ments Of the President who hold office at his wi l.
H. in their endeavors to influence and misead the
OF people in elections. During the administration OF
10 The elder Mr.. Adams many comp aints were made
i aud charges urged both in speeches and tn ougll
The press, by the citizens against him and those in
office under him. With n view 10 silence the
- citizens, and to maintain and shield those in office
y tho sedllion law was pussed The Republican,
=, ole and all, condemned il as unconstitutional and
~ unjust, aud they were right in such condemnation.
!" Your resolution maintains now, exactly the
o same doctrines then advanced by the Felerasts.
They wished 10 silence the people, that they might
~, retain their places aud power and your resolution
" seeks to allow The ocehoders go forth with nl
~ their power and influence, to nsedd aud corrupt
-. the people obnin their votes in elections, and
" thus retain their Offices with all their emoimsnfs
= Does YOUR honorable body intend to affirm that
Congress has no power 10 regulate the conduc, Of
20 70 this class of oliicers'
~ Are they to be allowed to go forth on days oil
~, election and with view to procure votes for the
y President his iavortes, promise money or Offices
-, JOBS or contracts, by which much money may be
L. a. k..sE l.l..s