Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-12-03
a hasty pcrusal ofthe papers. The learned
Theban opens his criticism as follows -

| hasty perusal ofthe papers. The learned
rheban opens his criticism as follows =
"Govornor Charles Paine, whom the green noun,
tain Toys have elected as a king 10 rule over them,
for the ensuing political year, has been delivered OF n
which 10 constitutional idryerS, is curios-
l,y. As the Governor is well known in this State,
his light should not be hid under bushel and we
his merits, not onl, 10 his Boston friends but to all
the rest of mankind.
In speaking ofihc power of removal from office cx-
orcsed by the President OF the United states he says
the Constitution directly gives him no such power,
and that II is difficult to imagine how IT should ever
have been derived from that provision which author
lzcs him TO nominate, and by and with the advice
and consent of the Senate, to appoint all oiicers.-
Some things are very difficult to some men and very
easy to others and therefore, while this subject
seems very difficult to the understanding of Cover
nor Paine it not at all so 10 the trainers of the
Federal Constitution. But they were SIMPLE men
and lived in an age when the complications OF modern
politics were unknown. HAT Gorernor Paine con
SHHcdHc Debates in the Contention 1rhich derised
lie Constitution, he tooud hare pcrceirsd hdt me po'r
er TO remore ras regarded as rey distinct from The
poircr 10 appoint, and lrds rcstod in The President
alone, By netss Ty Implication.
Now take the liberty to inform the cru
ditc critic and profound constitutional law
yer" who composed the foregoing paragraphs
that not one word was said in the Convcn-
ton which framed the Federal Constitution,
on the subject of vestng the power ofrcmov-
al from oiiiccin the President alone-and |
take the still greater liberty TO give il as my
humble opinion, that this luminous Expound-
or Of the Constitution never saw a volume of
the debates of that Convention. If he had
he certainly would never have hazarded SO
wild an assertion. After the Convention
had adjourned, and the Constitution was
submitted TO the people, it is true, the sub
ject of removal was discussed in the FEEDER
alist, the Joint production Of HAMILTON,
MADISON and JAY, the two former of whom
were tho most conspicuous members of the
Convention which framed the Constitution,
and may, consequently, be supposed 10 know
something in regard 10 the powers conferred
by that nstrument-hough they would not,
of course, claim SO much knowledge on the
subject as the learned writer in the Times
newspaper. The following is an extract
from the Fcdcralis,, No. II -
at has been mentioned as one of the advantages to
be expected from heco operation ofhe Senate, in the
business Of appointments, that it would contribute to
| the stability Of the Administration. The consent
of that body would be necessary TO dsplace well
as 10 appoint. A change Of the Chief Magistrate,
therefore, would not occasion so violent or general
a revolution, in the officers of the Fovernmcnt as
| might be expected if he were the sole dsposer OF
| Offices. Where man in any station had given sat
lsactory evidence fins fitness for it, new President
would be restrained from attempting change in IA
vor of person more agreeable to MIN. by the appre-
| henson that ulSCOlutCuance of the Senate miuht
Illustrate the attempt and bring some degree Of dis
credit upon himself. Those, who can best estimate
| the value of steady administration, will be most
| disposed 10 prise a provision which connects the
official existence of pubic men wi the appreciation
or dl>approbation of that body which from the great
| or permanently of its own composition, will in all
proba llty, be less subject to Inconsistency than any
| other member of the Government"
The number from which this extracts ia
ken, was written by ALEXANDER HAMILTON
"A man whose prejudices, as every body
knows, were all in favor of strong Execu-
tive. And yet he-anti-republican as his
principles are declared to have been, and
dangerous as were the powers with which,
it is said, he was in favor of investing the Ex-
ecutive-herc takes strong ground against
comforting the transcendent power Of indls-
crminate removal upon the President alone
and maintains that, under the Constitution,
the concurrence Of the Senate is, in all cases
required. So much for the opinion OF
Col. Hamilton-a man who, as Mr.. Jeffer-
son declared, exercised more commanding
influence in the Convention which framed
the Federal Constitution, than any other
member Of that illustrous body. But although
the opinions Of such man, ona controvcr-
ted question Of Constitutional Law would
be entitled to great consideration on ordinary
occasions, yet when they come in connc,
with the oracular responses from the edto-
rial tripod Of the Boston times, l admit that
they should be regarded with many grains of
allowance. | shall accordingly proceed to
fortyfy the Coloncl's opinions with another
authority, confcssedly entitled to some little
regard among intelligent men, though of
course it dwindles into insignificance when
opposed by the radient genus who daily il
Eliminates the columns Of the Times with
his ethereal wisdom. allude to the
Hon. Joseph Story, l.. l.. D.,--a man who
has occupied seat on the bench of the Su-
preme Court Of the United States for near
y thirty years,--wno has adorned that grave
and dignlfed tribunal by his 'virtues-illus-
tratcd it by his genius and learning--and
honored 1t by his spotless integrity. For
twenly-four years he sat by the side of the
ilustrious Marshal-was honored with his
friendship-and, more than any other man,
enjoyed his confidence and rcgard-and l
need not say to you who know him SO well,
that both in this Country and in England he
is regarded as man of the profoundest ju-
rdIcal learning, and as the ripost legal scho-
lar in the Union. In discussing this ques-
ton, in his work entitled commentaries on
the Constitution, "---a production which is
REGARDED as n standard authority in all the