Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-02-18

i should be mid e0aeanOr in e5Iee for .ehich
he shoalld Be dismissed.
When the Bill complained Of was under con-
sideration, congress had exactly the same
power over the subject that It bad when tie
offices were first creating. They might have
repealed the law entirely, and thus have turned
out every one Of these officers.
Suppose, instead Of the Bill complained Oh
BIZ had been introduced and passed, stating
that, whereas these officers we're n The habit
of interfering to influence votes OF the citizens
in elections, therefore, Be il enacted hat The
law creating their Offices should be repealed,
&C. &c. Would yorr Honorable Body vesls
ture the opinion that such law would have been
unconstitutional, and that these officers would
still have remained IN Office ] think not.
On.the question of unconstitutional IoWerJ
there can be. no distinction between the case
supposed and the Bill complained Of II the
one would have been Unconstitutional, so is tic
.other.
Prior to the year 1870, these officers held
their Office during their pleasure. Congress
then believed many of hem had misdemeaned
themselves were defaulters, &C. and with
view to provide remedy, On the 18th May IN
tbatyear. an act was passed changing their
Tenure, and limiting each Of them to tie term
! Of fur gears, and made them. emoxable at
pleasure within these four years. Has It ever
been thought that act was unconstitutional
/ Notat all; yet such an.objection might have
been urged with much more force IN that case
then in this.
The only reason assignedin your resolution
why this Bill was unconstitutional Is, that II
took from these officers tie liberty of speech.
and the constitution provides that Congress
shall pass no law abridging the freedom Of
speech ard ofthe press.
This provision in the constitution was inten-
ded for the safety and protection Of the COM
mon citizen, who holds no Office. twas fore
seen that those iapafiee might dbuss their tTasfi
and to protect themselves against exposure
might pass laws restraining the citizens from
censuring them. either IN speeches or through
the press. Now; In your resolution you exact
w. reverse the matter and suppose it was iIlten-
Ided to protect the instruments of the President
who hold Office at his Will, in their endeavors to
/ influence or mislead the people in elections
! During the administration ofthe elder Mr.. Adj
ans, many complaints were made, and charges
urged both In speeches and through the Press,
/ By the citizens, against those IN Office under
/ him. With view to silence the citizens, and
to maintain and shield those IN o1Fce, the sedi-
ton law was passed. The Republicans ore
and all condemned It as unconstitutional and
unjust, and they were right N such condemna-
ton.
Your Resolution maintains now exactly the
same doctrine then advanced by the Federal
lists. They wished to silence the people that
they might retain their places and power, and
your Resolution seeks to allow the cffice hold
l-ers to 90. forth with all their power and influ-
ence, to mis1ead and corrupt the people, obtain
Etheir votes in elections, and thus retain their
l-of41 ala Ia1,- an, N ss,,o,15c
l. Does your Honorable Body intend to affirm
that congs ess has no power to. regulate the
conduct of this class of officers Are they al
lowed to go forth on days of election, and,
with view to procure votes lor the President
or his faVorites, promise money or qbfces! .J0os
or contracts by which much money may be
made with htte labor9 The Office holder IN
making these promises to influence rotes would
be using his pQtoers IF speech, which the Reso-
luton affirms congress canFot abfddge or les
sen. If the proposition can be maintained
then congress had better 90 home and yield up
.every thing to the President and the corps
lcho hold office at his pleasure.
Ne viii, after little reflection. perceive
that this Resolution not only qualihedly con-
2 dennis your Senators for their vote, bat neces-
ssrily the-conduct and opinions Of others whom
the country has most delighted 10 honor.
i
ton why this Bill was unconstitutional i, that
1t abridged the freedom of speech.
Ii you are correct, how. dare Mr. Jefferson,
s'the Apostle of Liberty" in his letter TO Gov.
Mexican. use the language he did on this sub
jectg Still more--when he came into Office as
President, why did he dare to issue ms eircu-
lar letter prohibiting tins class of.oficers, on
r pain of dismissal, from interfering in elections
t further than to give their own votes
I He was saeorn to support the constitution;
! and if congress abridges the freedom of speech.
secured by the constitution, by the enactments
proposed inthis Bill, it follows clearly that the
> President IN has circular Uiolatedth same pro-
rlsioll by pronouncing the like penalty for the
Ike offence. Ideiy any person to condemn the
f one without condenning the other, unless, in
deed, we suppose there is a-class of politicians
, who believe the constitution does not, and
ought not to impose any restraint upon the
) President.
: fear such a sect has lately sprung up, and
is increasing. 1t cannot be too speedily sup-
r pressed.
! The late president, Gen1. Jackson, in his
2 inaugural address, when he was afresh from
2 the people" ineulcated the same doctrine with
Mr.. Jefferson. $40 prevent the patronage OF
: the government from being brought into con-
+ filct with lie freedom of elections was aduty
= Inserted N characterstoo egible to be misun-
e. derstood,s &c, was the strong language he
/ then used. How was this duty to be dischar-
e ged2 Did VIC not one-and all believe he would
e discharge it as MIR. Jefferson had done Ifthen
f these Presidents could, aUifhou violating the
e c0nStituhoR prohibit these e5icers from inter-
0t feriag an elections, why copid not Congress BY
its eilactnents prohibit them likewise! No
o satisfactory answer can be given to this ques-
! ton.
The President already had the power vested
Il IN him to dismiss these officers at his pleasure
t land congress unquestionably the power to
limit his discretion, by specifying the cases in
d which be should exercise it. If then my col
: league and-1 erred-on this question of power,
It withgfeat difference I-submit that the compa-
It Hy with which our opinions are associated
fought, at least to have soflened the aspenty OF
: the language in which our condemnation was
q pronounced. If there was any one subject
+ Eabove aIl.others, upon which I believed my
J colleague and I could not mistake the senti-
1 ments of our constituents, il was that embra-
$ iced in that Bill
To prevent the President, through these
7 officers, from interfering IA elections, was a
theme upon.wIlch the friends of the late Pres.
n ident Jackson had dwelt the most, both % and
b lout of Congress. In 1886, committee Of the
: Senate, of which was a very humble member,
Z Through their chairman. had made most able
> Report, the principles Of which were applaude6
g, by the whole party, and By oar STATE IN parlic-
Il atlar. Upon hem, manly, Gen1. jackson
y came into power; he gave them his solemn
e sane ion in his ifafjui1ra address IN rrnsnrec