The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-02-27

II President to dismiss him. Each an
e every one of the offices is created b
+ lact Of Congress. The qualifica,io
8 Tor the office, the tenure of it, and tn
e duties to be performed by the officer
e are and were, matters Of legislativ
!, enactment.
!, The President has no power t
! DISMISS or control one OF these off
GERS. merely because he is President
! but because Congress, by law. gav,
him that power. The bill itself OK
= pfess'y provided that all these off
GERS should be secure in the right t.
vote on all elections, according /,
: their own judgment, and only forbic
\ their interference to control and in
i f1nen.e the votes Of others.
i affirm that Congress had the pow
err to create these offices, or not, Il,
I. Its pleasure. That, when they were
/ created, Congress could prescribe the
| duties OF the officers. That, if it had
been deemed necessary, Congress
could have enacted that the officers
should hold the Office durin : good lie.
hnvior; but that, if any one of the
officers lnterfered to influence the
votes of others, in any election, either
State or Federal, it should be a mis-
demeanor in office, for which he
should be dismissed.
When the bill complained of was
under consideration, Congress had
exactly the same power over the sub.
jet that it had when the offices were
first creating. They might have re-
pe;'led the law entirely, and thus have
turned out every one Of these Off
GERS. t@ &
Suppose, instead of the bill com
planned of, u bill had been introduced
and pissed, stating that, whereas
these officers were in the habit of in
terferln5 confluence the votes of the
citizens IN elections, therefore, Be it
enacted, that the law creating their
offices should be repealed, 3d., would
your honorable body venture the
opinion that such law would have
been unconstitutional, and that these
officers would still have remained ia
Office? think not.
"a the question of constitutional
power, there can he no distinction
between the case supposed and the
bl.l complained OF. Ii the one would
have been constitutional, SO is the
other. '.zs 5st.' 4a @Z.s'.
Prior to the year 1929. these off
GERS held their office during ll.asure.
Congress then believed many of them
had nsdemeaned themselves, were
deiaulters, &c.; and, with view to
provide Il remedy, on the Is h of Nav,
IN that year, an act was pissed chang
ny their tenure, and limiting each of
them to the term of four years, and
made them removable at pleasure
within these four years. HIS it ever
been thought tlatact was unconst;tu-
tutional? Not at all. Yet such IN
objection might have been urged with
much more to:ce in that case than in
this. zd
The onl v reason assigned in YOUR
resolution WHY this bill was uncon-
stitutional is, that it took from these
officers the liberty of speech, and the
Constitution provides that Congress
shall pass no law abridying the free
dom OF speech and ofthc press
This provision in the Constitution
was intended for the safety and pro-
lection OF the common citizen who
holds no office. 1t was foreseen that
those IN offi,:e might abuse their trus :,
and top:otect themselves against ex-
posture, m1ght pass laws restraining
the citizens from censuring them, Ell
iher in speeches or through the press.
Now, in Your resolution, YOU exactly
reverse the matter, and suppose i! /
was intended to pr,,tect the instru-
ments of the President, who hold of .
flee at his will, in their enIeavo:s tot
influence and mislead the people in
elections. during the Imiaislration
OF the elder Mr. Adums, many com
plants were made AMI charges urged,
both in SPEECHES and through the
press, by the ciiizens, against him and
those in office under him. With a
view 10 silence the citizens, and to
maint lin and shield those in Office.
the sedition law was passed. III
Republicans, one and all, condemned
II as Unconstitutional and unjust, and
they were right i'll sucn condemna-
tlun. AHs5 sew 1881 b
Your resolution maintains now,
exactly the same doctrines then adj
vanced by the Federalists. The,
wished to silence the people, tha,
they might retain their places anu pow
er, and your resolution seeks to all
low the oIiiceholders to 60 forth witt.
all their power and influence, to mis-
lead and corrupt the pe"pIe-obtain|
their votes in elections, and thus re-.
fnrn thar