Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-26


neral rale the Clerk the Secretary, ard officers Of
Parliament, hold their Office at the pleasure of the ap
pointing power.
Another reason why he might BIZ removed. II was
not only incident to the nature OF the ohce that ne
might be removed, but indispensable, as the may
be, to the due observance of the rights of the Senate
II their Secretary should think proper to divuge con
hdentla communications made TO this body, could
they not remove him: Gould they not pass rcsol-
ton dsmissing hun, and appoint another: Suppose
he insuted them III open Senatewere they obliged to
Keep hm IN office Secretary Were they obliged 10
go through the ormay of proceedings to remove him.
or could they not get rid of him at once; How vas
II with the Printer Suppose he should abuse thur
confluence, and when q confidential communication
was gwen To him, should publish j, in his newspaper
was not indispensable, the might be- 10 be
preservation Of the rights Of the Senate this pr
should he dismissed i; inherent in tie very
constitution of the body: unless they had the powe
remove person whom they appointed srIva.t.
there end to the body-nt any rate, to the pre-
srrvatIon ol It's honor and dignity.
He would enlarge further on THIS but wonld as
sumo, II there were no JOINT resolution this subject,
the would be clear, and then they could pass tins
resolution without the slightest infringement Of obit-
CATION.
Tins brought him to the more important point, 10
the alle argument Of The Senator from nsylvnna,
n which lie said every thing that could be SAID wIih
that SIX II and ingenuity that always characterized hun
III debate. What was the resolution lie would NO!
now 20 the difference between the resolution Of
1919 and -. That OF 1919, # any lawyer would
examine, ne would that IL expended its force al the
first appointment. lie agreed that OF l-2J provided
that there should be an appointment within the last
thirty days of the session. but Il drd not say how long
he must hold il that Of 1919 d,l-"for two years.
Did make the slightest difference in point OF principle
whether this officer appointed under the JOINT reso-
luton without il II net the creation Of an Of
fee, the Constitution had prescribed III relation TO tins
The Constitution sad they should appoint h:m; and
thn iatuf mere
TINS principle, j, die not make oi.ce-th's was what
he supposed To be mlsapprehenslon Of the Senator
from Pcnnsy ,anla, as 10 us nature Was there any
thing in the resolution which made HIM less an officer
than If he appointed without: so lar from IT. the
resolution even Of lsl9 did nothing more nor less than
thrs-t pointed out words specifically, certain duties
to be performed BY the Printcrs- directed the mode
in winch it 10 be perorned-the compensailon
and then specified the time when TO be appointed; that
vas ELL lie asked the attention Of the Senator from
Pennsylvania 10 this view Of the joint resolution. lie
(Slr b.. considered !, creating contract between
the parties. There contract in this reso-
iut,on-nothlng in the form ana nature 81 contract
nothing nor less than declaration that they had
certain duties 10 perform, how they should be pad for,
and then at what time the officer to perform them
shall be appointed. But did this make him less an
officer? Was there any thing of the nature OF con-
tract connected with it II any (Which he denrd)
admitted that contract grew out OF the Office, II was
one which, if the Office becomes vacant or the officer
it, which nothing more nor less than bond Tor the
faithful performance Of the duties while in Office.
He would illustrate his view the joint resolution
by a which perfectly analogous that the hu-
man mind could not distinguish between them. lhey
had what called sub-Ieasurer; and then his duties
are pointed out and the mode and time when to be ap
pointed-that was explained BY the Constitution Of
The L. S If he had not been appointed by The
luton he must have been by the President Of the L.
States
Loo, tbo IutIp mt hp rom
pensation pointed out, and because he gives bond and
security, could not the President remove him: Was
there any doubt about this; The Treasurer Of the T.
S. has certain duties TO perform Who appoints HIM:
The Constitution says L." President, unless Congress
provides some other Is the Treasurer an OFF
cers Admitted. Can he be removed a. the pleasure q
the President; Why, has he not entered INTO BOND 10
discharge tie duties faithfully; And # this Treasurer IS
snch Al officer. having specific duties TO perform, aad
as such could be discharged, notwithstanding ne hsc
been appointed could mol the Printer, who appointed
an officer under the Joint resoution pointing out his
duties be removed: Let take the case Of the SecFe
tary Of the Senate Suppose instead OF there beng any
the subject lie appointed by JOINT resolution,
or the Secretary Of the Senate and the
Clerk of the IL of Representatives should perform Ger
IA n dutes pointing them out-he would suppose there
similar Joint resolution, only substituting the e-
cretary for the Printer hereafter the Secrea
~ of the Senate ard Clerk of the House shall be con-
fined TO these duties Wit (he then specified the d.
,es and that he shall receive for his compensation,
$1,000 per year, during the next Congress, and then
that il proceed Just this has done, that on the first
Thursday of the first session Of each Congress they shall
be appointed" Suppose that il was IN the form Of a
Joint resolution could they their Secretary
they pleased: Suppose had required bonds OF him;
canno; we remove him because his duties are pointed
out He thought there was no doubt on TINS subject
Could they not do the same with the frInlef Ir
might go on and multiply these remarks almost Indei-
neiv AS 10 the nature Of tins resolution nc would not
~. II IL length.
should not inquire whether IT was one that could not be
repealcd BY either body, without the consent oil the
Presden, Of the L. s. but he wished to proceed on the
prnciuIc that il vas lava JOINT Iesolution and then
sad that there nothing IN the Joint resolution
than declaration Of the duties to be performed, and
the ensation TO be paid and tins was the case WITH
any officer. =.
One word more They had now. in the case Of their
Secretary without the Joint resolution, Inc out'es
marked on, for him, implied BY law. Dad there not
attach y every officer OF the Senate certain duties
,ba, he must 10: That he must be prompt in has al
tendance here-that he treat this bocy with all due re-
s,.c, and deco-um, Was not This implied in the very
nature OF ms office:
or his oblgatlon Was he less officer less subject
10 removal Ii he did not very much mistake the nature
or the Joint resouon-for he could no. think that any
gentleman who voted for supposed that there was
any thing more in il than the declaration OF what spe-
cic duties should be Perormed-tnat was al that inc
muc!, 50 that the joint resolution and the whole SUB
;.c, was brought within the compass OF single m
curry and tina. was-indepc Of tue JOINT resniu-
ton If they had merely pissed vote declaring tha'
they would appoint Printer for the next Congress
could they moi remove him And If they could not,
b beoyed leave to know If there any officer whom,
# they chose, they had not the power TO remove
He would endeayor, as well as h. could 10 compress
his remarks within shor. compass. ne genera We"
that he had in relation 10 this matter, considered mss
printer as an officer under the Constitution; such an
officer as, by acknowledged parliamentary law IS re-
movable The Joint resolution did not make the slight
est difference tine nature of The office; and IN inns
point Of view, he prepared TO say that The senate
has he power of exercising what was called theI .gn
of renewing or dismissng these Printers from ohce
On the question: whether they should exercise u or
not he wished merely to say that, the manner and ihe
circumstances under which this appointment was MADE
not onlv justified but demanded Of them, that they
should exercise this power and that was the principle
on which they prepared TO place Il, indepe
Of other considerations He held 10 be e2Pedren' 10
make this removal
lie knew much said yesterday about ',pIosesp
- ro ,,ara told hatt the blood oil the Hlst