The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-30

10 adhere 10 ~ Ne dsnounees the principle o. ms
.a,,s,on a. nonslrous dessruclive a. fragrant sio
i,,.s ~ r,ntracts and " the faith which Is pledged
~ Their observanee. Can Il be that he would not
regret the application Of such principle as ne has
5.-cy,eJ At any time and under any circumstances
The Senator from Mississippi supposes that We can
moi consider the Printers 10 the Senate as ofces pc
cause they elected by their copartnersh,p name,
and you cannot elect firm TO an ohce. 40 my
stop to discuss the question, but merely refer 70
remark that the whole effect Of the objection y were
valid would render the resolution under consideration
supeIfluous the dismissal unnecessary. we nave
seen that the Senate has no power TO contract oy
the bunder which is imputed, we have failed TO elect
an officer then the printing OF the Senate IS undis
posed Of neither subjected to contract nor entrusted
10 officer
much ofegal subllety that profession whose robes
are believed to be ofoo pattern for the enlarged
dimensions and lofty stature of statesman Do gem
temen contend thai does not become the Senate TO
resort to techneaes 20 avoid the consequences OF its
own act think SO too. Ii the Senate has given
pledge, though not by contract which It could not
make still fdes serpanda EST. La parole dc ga Nd
jesfe binds monarch would not that we had a less
sacred regard for pghted faith. But who invok-
ed these strict and stringent legal principles when
have been called into discussion The resolution, IN
the simple form in which presented asserted no
principle but the power the Senate to dismiss us own
officers. II did not draw into question the Hgns
the obligation to elect under the concurrent resoiu
ton oil 1917. AumlttuE OF uchJiisS sS is6-ss~J
of the election il merely asserted that the tenure OF the
Office was at will and proposed to determine the m
cumbency by exercise OF that Will Il was submit
ted by the mover without debate. The Senator from
Pennsylvania and his coadjutors interposed the plea
ola contract They urged the legal bar. They stood
upon their bond. We meet the legal questions on le-
gal grounds; and now, when II is obvious that on
these grounds judgment must be rendered for us gen.
emen lay aside their professional to assume their Sc
material robes and tell that 1t does not become the
Senate to be entangled in the meshes OF the law.
Well, be il SO. We are Senators, not mere common
lawyers, for the purposes Of this discussion What,
then, does the resolution propose Simply to dsmi
an officer ofthe Senate Is the power TO this denied
No But we ought not to exercise It. The resolu-
ton Of 1919 is appealed TOT uninterrupted usage, and
the undoubted right Of the Senate to elect Neither
of these is touched by the resolution II afirms mere
ly the right Of the Senate to dismiss those who hold
Office its WILL Is there any thing in the crcum-
stances under which these incumbents elected,
~ dissuade US from the exercise of this powerl In
despite and in defiance of the circumstances Of those
who were to constitute the majority of the Senate in
the 9th Congress, by mere act of power, openly
avowed TO be such, they forced upon by the
concurrence ofthose who constitute the minority
of this body. In exercising mere power, gentlemen
should have considered their capacity to give perma
hence to the act. An act Of mere power is submitted
to just long as it is irresistible You may press
man TO the earth by superior physical forceby mere
powerin total disregard of his rights. BIT fyou de-
termine upon this wanton display of mere power take
ChIc 70 keep tueIt; not relax your PRESSURE,
for the instinct Of his nature will urge instant
distance the moment it is relaxed.
Third. The remaining idea which is included in
the proposition that the Senate have the power do
of the Senate hold at will may be disposed Of very
briefly II has been decided by the Supreme Court in
Henings case that where there is constitutional
Imitation the tenure Of Office is will In this case
where both the Office and the officer created by the
Senate there can be other limitation but the win
of the creating and appointing power. do not
dersand this to be seriously questioned II seems to
be conceded that if this is Office its tenure be
at will Gentlemen may complain-do complain Of
the exercise Of the power-but the answer to that
complaint belongs the remaining head of this argu-
ment, TO which proceed.
Second proposition. There is sufficient cause for |
the exercise OF this power. might safely leave this
on the unanswerable argument of the Senator from
North Carolina. But will state my own view vcry |
briefly and desire to do it plainly. great change
has come over the country Hitherto the public
sells have varied with the discontinue Of |
opposing political leaders Such is not our actual |
condition. 1t is the people who have arisen in their |
might to decree, farente Dec, the change which has
come upon u.s. AT the commencement of a new Ad- |
mnistraton-after violent party conflict fierce
and desperate struggle between the people and their
rulers-in still excited state of party feeng-with
tho pablo offices chiefly in the hands of the political
opponents OF those who have been called by the people
to the management Of their affairs-n extremely
delicate state of foreign reationsand the eve
OF the couniry-at such moment, the Senate Of the
United States partakDg of the views and feelings of
That overwhelming majority of the American people /
by whom the present Administration has been en-
trustrd with power-ust entering upon its pecu-
liar duties connected with this Executive Govern.
men-hnds of its Offices, the incumbent of which
Is the accredited organ of communication between the
Senate and people of the United States who has the
privilege of this Hall and Of daily communication with
It's Offices who is necessarily entrusted with the most
confidential communications Of the Executive to this
body-at such moment the Senate finds such an
office in the hands of the editors Of the leading po
cal paper of that party which is nol by the blessing
OF Providence on our exertions, and their own pre-
determined, Weannounced, and perseverng hostility
to the recent decisive expression of the peoples will
emphaiIcally The Opposition party- finds this Office
IN the hands OF the editors of paper which, whatever
else may be said of it, all will agree is in the largest
sense OF the term, POLITICAL party paper which had
just been Invested Of official character as the organ
retiring Administration only assume an attitude
OF hostility TO that which coming in as lead
ers OF the Opposition press collect the scattered
fragments OF Inc party, to commence the work of re-
to announce their determined hostility
TO the present Chief Magistrate before he had even en-
tered upon the discharge of duties which the people
nad entrusted to his care and already in advance IN
heard untrled nay even while they yet unk nown
to illuminate their sentence OF condemnation on the
forthcoming meas ures of his Administration In this
state OF things excluding all retrospect for any pur
poses OF cnnnnaon--passing by every suggestion of
~. -gNinB 10 these lncumbents full ere
on Tor sincerity and honesty Of intention in the poti-
cal opinions which they entertain and the means
winch they have adopted to advance thefn-lookng
merely to our political relation with them to our no.
ltical duties to the country and to ourscvesto our
and to Their views of the public interest which are
not merely dscordant, but antagonist to each other
looking to the manner in which that relation has been
forced upon us by publicly avowed exercise of mere
power IN disrcgard and defiance of remonstrance and
o. prctcsit Is the very of the moon TO suppose
that TINS relation can be permitted to stand Such
course would be suicidal II would manifest an infa-
iuat'on which would speedily consGn us 10 the con
tempt OF the American People ny even of our polui
cal opponents the lust reward III our h;n,l,es. M