Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-02-22
re MA Rks OF MR.. sCOTT,v
IN HOUSE OF DELEGATES,
oa amending the Consiii.iien o. the Uai,ed STATE


elaratory OF the true construction of the Consttu
ton than the introduction ofa principle, and i
only rendered necessary by the great names which
have sanctioned a different construction, and I'll,
long practice OF the government.
IL Is matter of little surprise that after the ex.
position OF the Federalists, which declared TO the
American people, at the time they were deibero.
ting upon the adoption rejection OF the Cons.itu.
ton, that the consent OF the Senate was necessary
TO dsplacc, we'll as TO appoint" all officers who
do NOT; under the Constitution, hold their Offices by
another tenure, and relied upon il n check upon
the appointing power conferred upon the President
OF which the people were so justly jealous, that at
the very first session OF Congress, a construction
should have been placed upon that instrument which
invested him with the uncontrolled power Of removal.
With all becoming Difference TO the great men by
whom these opinions have been entertained, find
myself unable to concede even the less dangerous
construction OF the Federalist. | cannot perceive
the truth of the proposition that the power OF APP
pointmcnt and removal arc corrclative, much less
the power OF nomination and REMOVAL Nor can
concede that the power OF removals. in its nature
Executive power, or if Executive in its nature, that
II is for that conferred upon the President 10y
the Constitution. And yet, we look in vain for any
other source OF the vast, dangerous, and, its
orcise has proven delctcous power conceded 10 th'
President by the constr ~iion which this amendment
proposes to annul
The proposition that the power TO DO particular
thing carries with 1t the power to employ all neces
sary and proper means. is not only declared by thu
Constitution TO be applicable to that instrument, bu
rs self evident.
Now let us suppose tho e institution to he silen
on the subject of the creation OF, appointment to
and removal from, office, and Congress TO be about
10 exercise the power 10 lay and collect a tax
Among the various questions involved in the exer-
cisc Of that power, are the following: What shall
be the subject of taxation' What the rate1 How
shall IL be collected Shall IL be left TO the sense
Of moral duty OF the citizen comply with the law,
shall the Office OF tax gatherer be created in order
90 enforce payment Who shall nominate appoint
ard commission the officer who is TO i'll ilf Shall
this be done by the same authority, or shall il b.
conhded TO different hands1 Whist shall be the
tenure of officer Shall it be for life for years. or a,
wiil7 IL IT will, at the will OF whom1 What shall
be his power and dutiesl Under what sanctions
shall he perform theml What shall be such ANAL
ieasance or non-easance shall forfeit the oice1
shall he De removable for iHcapacity or unftnes.1
How shall the existence OF cause OF n motion be
aseerisinedl Who shall Judge Of III who remove
hih from Office? Shall this power be conhded in
the same hands from which he received his appoint
msn', or lodged in different handsl
lsit not manifest that all these questions are AL
dressed 10 those who have the power TO Law and
collect the taxi Is tho, equally NANTES, that the
regulation by which they are adjusted are acis OF
legsla'loni And does 1t not equally follow, that
where the paramount legislative authority has not
uon that they fall within the sphere Of the ordinary
legislation
Upon turning 10 this paramount law, we find one
ohy oil these questions settled by it, to wit: the APP
p'UIment oil the officer; and that is shared between
the PRESIDENT and the Senate. And who shall set
We inc oihersl Had the Constitution been silent as
10 al, Congress would have settled all; and shall
silence as TO par; not only take that part from Con
sEesS, but transfer ii 10 the Presiden,l
90 Tar from the power Ct removal being in its
nature an Executive power, it is strictly judicial
IL involves the Interpretation Of the law the ascer
iainmeni OF tact, and the application OF the law
70 the facts These are trial, conviction, sentence,
and punishment.
l! Is more purely judicial than the enforcement of
right OF property. The judgmen, in the latter
else - worthless, until is enforced by an Executive
ohee' whereas Judgment of amoiion executes itself
AS huie foundation can be found for this .weepins
lowe-, N the clause which declares that the Pre.i
cent shall take care that the laws be faithfully eye
oe1 70 construe this into grant Of pow n, would
change the Constitution from grant of enunne,,,ej
powers INTO transfer 10 the Executive department
Q; power underlined and undehnable. BE is "a
take care that the laws be faithfully executed: whai
Jaws the laws Of the United States. or the Stat,
Avs, alsoi Il the laws of the United States onlv
.lc constitution Is one Of them: does the faithful
execution OF that, by al who claim authority under
L. la!I within his superintendance7 The Con,ti,r.
no" ehd Jaws are waste paper without minis;er RS
- Try them INTO execution. The creation OF
10 awe power IS barren creation, q mere ab.
s'ac'ton' unit! It IS executed by agents So Tn,
produces no fruit until the legislative will is eye
ca'ed by appropriate agents. H. in the exercise n
IeS's awe power, court is created with autho,i,,
10 Wy causes the Judges who try them execute Nh,
leSi:'a'IVe will. they execute the law in that par
ucuar ana are as much ministers Of the law a. ,bs
ipsiat, who performs the duty assigned 10 him, INV
the Iiw Is the President to take ere thai The
laws be faithfully executed IN this sense or ia hi.
slpeEn.endence confined 10 these ministers OF The
II" VINO are, technically, erseVfive offcers1 Er-
speaks not of officers, but OF laws all laws. Who
is 10 oeciJe these questions and settle in the last
resort the construction Of this potent c!ause7 The
tesoent alone. His experimenting care comes
ater the power Of Congress, and the courts are
JuHeH rpeiis" Enough has been said TO show
'"- impOssibillty Of setting limits to the rover
conferred by this clause, If 1t is % be considered as
a grant. For what purpose, il may be asked. was
Inc clause introduced answer that il is nothing
not than solemn I'M junction TO perform the duties
assigned TO the President by the Constitution and
laws; and the oath OF Office adds that high s,nction
TO tie injunction.
ms clause wa, inserted in the amended Con.
sliuiion oil Virginia. 1t would have startled the
convention, u 1t had been tod that IL contained
tne grant OF power which have been combaiing
W hen the proposition was made, some membSr
81 the Convention inqured "what doc :, -, ',
the answer was, Gust no'hingp If we look INTO
ihc Constitution and laws OF our own State we .Loi
hnd, that the views here presented have prevailed
from the foundation Of the government. A few
examples will suffice.
The old constitution provided, that "she,iG.
and CoToners, shall be nominated hy The RESPECTIVE
County, Courts, approved by the Governor. with
the aIyice OF the privy council and commissioned low
the Governor" Here the appointment univ !,
PROVIDED Tor. Inc legislature CONSIDERING that ali
other regulations in relation to these officer, n,
pertaining TO the legislative power, proceeded Ia
prescribe the manner in which The appointing pow.
r. should DO exercised, and limited the duraton nj
the ONCE OF sheriff 10 two years. BY the cOnstitu.
ton, justices Of the Peace are 10 be Nominated bv the
county courts and appointed by the Governor, with
inc ADVICE oi counc no limit IL assigned IN the
duration OF this ONCE either by the constitution or
ny Tue statute nor IS any provision made in regnrd
TO the removal from Office Of either sheriffs, cor.
oners or justices of the peace. That ROVER. how.
over, is exercised by the courts as part NJ ,be;,
criminal jurisdiction. Did any body ever dream
that the shers, coroners and justices of the pe,ce
held their Offices At the pleasure Of the county eourt
or the Executive, or both combined; or was il eve
imagined that the Governor, who under the amend
ed constitution is ntrusted with the "chief Executive
Power,' and whose duty II Is TO take care tina
tue laws be faithfully executed" can superntcnd
or control, or remove from office, sheriff., coroner
andJustces Of the peace, or any executive officer
evon petty constable, or that no can exercise Any
power not expressly conferred upon him by tho
constitution, or by statute.
The fourth amendment confcrs upon the Federal
Courts the appointment Of Marshals, and declares
mat hey shall hold their Offices at the pleasure Of the
courts from which they receive their appointments
u must DC conceded that tho appointment Of these
important officers cannot be lodged in safer hands
OF where u can he exercised with more imp,rti,litv
~ letter Judgment The judiciary. wills, /, =
not lho least important, IS confessedy the weakest
department 81 the government. Constantly en-
gagged ~ ucciding between parties Whose feelings
n rErffnN. tttH.,