Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-01-15

ie"Cy, vi universal CONFUSION IN pubic aIlars
and Of political Generalization, the present dy-
nasty is aiming, with rapacity which nothing can
satiate, to seize in advance on the power and the
patronage, which Of constitutional right belongs
to Gen. Harrison.
Under the Constitution Of the United States
by long settled construction, public officers hold
their places at the will Of the Executive. In
addition TO this there is an act Of Congress, of
not very remote date, which provides that the
commissions Of a large class of public officers
shall expire by their own limitation, at the end
of four years. So that in the case of these Off
cers,though the President should have abstained
from the exercise Of his constitutional power Of
removal, yet the officer goes out Of Office at the
expiration Of the four years, and he must be re-
appointed, in order to hold his place, precisely as
If he were new man. l will not stop now to
develope the secret history, curious as it is,
which belongs to the origin of this law. suffi-
Gent to say that such is the law.
This law applies to the District Marshals Of
the United States and the commission Of j. L.
Silly, Marshal Of the District Of Massachusetts,
conferred under, and controlled by it, expires on
the 3D. day Of March 1871, simultaneously with
the expiration of the authority of Mr.. Van Bu-
rem, as President Of the United States. OF course
Mr. Sibley, as hardly need say, is devout
partizan of the present administration.
Mr.. Van Buren, has now sent to the Senate a
message rc-nominating Mr.. Sibley to be Mar,
shal of the District Of Massachusetts,, from and
atler The Sd day Of March, 1871. But who is
President of the United States from and after the
3D. day of March next! Mr.. Van Buren,, No,
Gen. Harrison. And thus, by this nomination
MIR. Van Buren, arrogates to himself the power
to TIL by anticipation, vacancies which are not
to occur until his administration is at an end
If in December, 1910, Mr. Van Buren, may
| fill vacancy which is to be on the 4th of March
1911, he may, with equal right, fill the vacancy
for commission which is to expire on the 4th
of April, 1s4l. Yes, on the 4th Of April, 1912.
Where is the principle to stop, if admitted at all
No where short of three years, and three hun
dred and sixty-four days. If Mr.. Van Buren,
can appoint for one day of Gen. Harrisons term
of office, he may for the hole of it.
| denounce this as an act of unconstitutional
abuse and usurpation of power in the particular
case. go further. denounce it as being
teeler, put forth to see how the thing will work
TO be followed by the wholesale acts of the same
sort, provided the Senate can be brought to
sanction, and the public sense Of the people of
the United States to tolerate this one.
| have reason to believe that this is but a part
OF scheme OF intrigue, contemplated by the
spos-loving partizans Of the Administrations
Certain holders Of lucrative Offices, under the
Treasury Department, or elsewhere, it is said,
think of resgning in favor of others of their fell
low partizans, SO that, when Gen. Harrison comes
in, these last may plead, that as newly appoint.
ed men, they have had no participation in the
political misdeeds of their predecessors. But
predict, they will find themselves disappointed
if they lay this flatterng JUNCTION to their souls.
TO procure an appointment by means of such
intrigue as this, and with such purposes, would
be, in itself, ample cause of removal and such
men would well deserve to be the first on whom
the Indignation ola wronged and reused people
should fall
This anticipa'ory nomination Of J. /. Siblev,
to be Marshal OF Massachusetts, reminds me of
the opening scene in the drama of the truly low.
ing Jackson-Van Buren, dynasty, OF which scene
this Is the perfect counterpart.
In December 1928, twelve years AFRO, this
very month, Mr.. Adams stood in the same rela.
ton to the incoming administration OF Gen. Jack.
son, that Mr.. Van Buren, now stands in with
reference to that Of Gen Harrison. Vacancies
had then occurred in the natural course oftbincs.
in several Offices, for which Mr.. Adams proceed.
ed to make nominations as he was in duty
bound to do Among the rest, he nominated
John J. CrHendea of Kentucky, one of the best
and wsest men Of the country then, as now, to
be Judge of the Supreme Court of the United
States, for an existing vacancy, which the rub
lie service required 10 be filled, previous to the
regular annual term Of the Court in January.
But majority of the Senate of that day was
composed of opponents of the outgoing and
friends of the incoming administration and they
determined to seize upon the public power three
months in advance. Accordingly they met in
party caucus, as Mr.. Ono Judge) .NcKinlev
avowed, and resolved to put off, or otherwise
get rid OF all Mr.. Adams nominations and upon
this resolution they pcted in the case of Mr..
Cfitenden, whom they indirectly rejected, after
a long and animated debate, in which debate
the spoils system had its commencement, and
was established as the policy of the new admin.
| lstration. Other cases were determined the
same way. Indeed, l believe they departed
from it in but one case, that of gentleman of
high qualifications to be sure, for the office he
received. and Of unquestionabe integrity (for
all MIR, Adams appointments were in purpose
pure ones) but who escaped the doom which
befel Mr.. Crinenden, though for other reasons
| believe Independent Of the question of merits
and which reauons, think, SO disposed could
assign.
| Thus you perceive that the endcavor of the
party now in power, to lengthen out its authority
IN lS4o by nominations in advance, for vacan.
cies to occur under General Harrison, is the
| nv rt,f;t Il