Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-02-21
RENAL OF MIR. SCOTT,
IN HOUSE OF DELEGATES,
on amtnaing ths ConstitR'ion Of the Uaiisl Sis'ts

subn,ited on the - day ot January, proposing
c.-,in n,.ndu ,nts OF the Constitution oil the uni
TEA Sr,,e.. Subsequent reflection had induced him
10 prefor modification OF his proposition, and was
his purpose now, no, to call up those resolutions,
hut TO avail himself OF this opportunity, II was
IN order TO the consideration OF Others, differ
log IN some particulars from the former, but yet
tanning their most material recommendation. The
resolutions, however. differed substantially.
(rhe Speaker having decided the motion to he IN
order, MIR Scott offered the following Resolutions
waich were ready
Rsso,rsd, by the General Assembly IF Va:
L. That as the legislative and executive depart
noens OF the Federal Government are separate and
distinct. and neither can lawfully exercise the powers
properly belonging to the Other, 50 ought the indi-
vidlIls administering the one, to be wholly tree
from the control and influence Of the individuals
who administer the other.
2 That 10 preserve the individuals who admin
lister the legislative department ofthe federal govern
men, from tho control and influence OF the indivi
dual who administers the executive department, the
former ought TO be ineligible TO, and incapable o.
holding any civil Office or appointment under the
authority of the latter, during the term Tor which
they shall respectively be elected, anu tot hmheu
time thereafter. ,
5. That the power and patronage now exercised
by the federal executive are Incompatible win re-
publican institutions, and that to maintain the bal
Of the constitution, and to preserve TO the u.
States the blessings OF free government, the same
ought n bc diminished
4. That these objects can only be otectuaiIy ac
compllshed by amendments to the federal constltu'
tion and TO that end the following be suggested 10
the consideration of the Congress OF the United
States:
!. No person shall be capable of being elected
president OF the United States second time.
III. Members Of the Senate and House OF Repre-
Rnntaves shall during the time for which they shall
have been elected, and for two wears thereafter, be
incapable Of holding any civil ohce, the nomination
appointment 10 which is made by the President
of the United States the treasurer OF the United
he other
departments; and shall, moreover, not enter INTO
any contract with the government of the United
States any officer thereof, or directly or Indirect
~ participate in the profits OF such contrac, during
the psroi aforesaid, upon pain of such punishment
as Cong shall prescribe.
ILL., Congress shall nix by law the tenure OF all
Offices OF the United States, the tenure whereof IS
not expressly fixed by the constitution OF the United
States.
~. Marshals for the execution OF legal process,
shall be appointed in each state by the highest
federal court Hereof snd for the District OF Column
hin by the Supreme Court. They shall hold their
Offices during the pleasure OF the courts by which
they appointed.
V. The treasurer OF the United States and post
master general shall be appointed TO and rem yeble
from office by JOINT ballot OF the Senate and House
Of Representatives, and shall continue IN office for
i've years, unless sooner removed.
vi. The treasurer of The United States shall
nominate, and by and with the advice ami consent
Of the Senate shall appoint all receivers OF the pro
ceeds Of the public lands, collectors of the revenue,
and other revcnue and custom house officers.
VII. The postmaster general shall nominate, ind
by and with the advice and consent of the Senate,
shall appoint all deputy postmasters.
VIII. The treasurer Of he United States and post
master general seNerdllv may suspend, and by and
with the advice and consent Of the Senate, remove
any officer appointed 10y them respectively.
TX. Vacancies occurring in their respective de-
partmenis, in the recess Of the Senate, by the
pension of officer, Otherwise, may be filled by
the treasurer Of the United States or postmaster
general, as the case may be; which appointments
shall continue until the end Of the next session OF
Congress, unless the Senate shall otherwise deter
mine.
Y. When an officer shall be suspended in the re
cess ofhe Senate the treasurer OF the Uncd States
the postmaster general, the may be, shall
TcpoT, the fact, together with the cause for which
such officer was suspended To the Senate at the
commencement, ofts next session; and If such sus-
pension shall be made during the session OF the Sc
nate, such report shall be made forthwith and IL
The assigned shall be adJudged insufficient by
the Senate, the suspended officer shall be Irso TAcTo
reins,aied in his Office and tie appoint ment OF h,
successor vacated but all official acts OF the latter
performed before the former shall resume the due:
81 his Office, snail he valid 10 all inients and pur
poses.
NJ. When an officer is reported to the Senate
by the Treasurer of the United States, or the post
master genera, for removal from Office, the reasons
for his removal shall be assigned IN like manner.
s. Reso!ped That copies OF the foregoing resOlu .
tons and amendments be communicated TO each OF
our Senators and Representatives in Congress, and
they be requested to lay the same before their re-
spec i've bodies
Wh.reupon, Mr.. Scott addressed the House as
follows:
Mr. Speuker-l am profoundly sensible OF the
responsibility Of proposing amendments 10 the Con
SUM on OF the United States, and penetrated witt
reverence for The patriots and statesmen who fam
tdi' All America, all Europe, have confirmed by
their verdic', the testimony borne 10 ihsir wisdom
and patriotic devotion by their illusrious feowla
borer, the late James Madison. ! would deprecaiC
nj habi'ual resort 20 tamperirg with the Oundatlon
Of our institutions upon great revolutions Of party
or to remedy the evs Of weak or corrupt adj
ninis,ralon But these reflections ought not to cause
us to forge, that the science OF Government, Ike
other sciences, is progressive and great and viriu
Gus as the trainers of the Constitution conlessedy
wore, they were but men, and their work pariakes
ncccs sarily, OF the imPeriec.ions Of man.
Whist would Inculca,e reverence for the insti-
tu.ions Of ourfithers would not permit it to be.
come blind ,dnlatry. Experience IS better teach
er than the forecast Of any man, and u IS the par
OF wisdom not to turn deaf ear TO its Lessons
The Wings, TO whom the nation, with degree
Of unanimily, which scarcely has It's parallel in th
CONFLICTS Of putty, lately inrusied its affairs, hav
proc aimed, with one voice, that the power Of tn
Fedora Executive "has increased, is increasing an
ought 10 be diminished" The pledge which the
gave so TO diminish it to conhRe IT, in future
within limits which will insure the free and indie
pendent action Of the other departments Of Govern
u-ni and perpeiua'e, as far rs human efforts ca
perreiuate, tie blessings OF free Government wa
orc " the means OF procuring the confidence Of III
people so signally manifested IN tie late cleo ion:
n becomes thoin therefore, 10 redeem tina. plcdg
- good fli'h, and 10 tie best Of their ably.
The parry from which public confidence wa
withdraw. sought, and obtained, mower by simla
pi,dres. The nation was IN by Cen Jacsson
when his party announced him as their emo . e
That tie halls Of leg station ought to lie pu Lee
from the conupiing irhuence Of Executive patron
arc. "lf" s51 he, important appointments conf
rue % dcyolve on representatives ~ Congress, i
requires 70 depth Of thought 10 be convinced lha
corruption will become the order Of the day" H.
leading supporters in tic Senate Of the u. State
loudly called the attention Of the people to Thu
great ani ull pervadrg mischief 4 would, sal,
they, invade the husungs control elections, over
power tho legislature, and make the Piesiden; mas
ter sc tiC country, unless restrained by some new
constitutional or statutory provisions.
How ior the principles thus put forth, wher
seeking power, we're carried out, after that powe
was obtained, | will not stop 20 inquire. The h.sto
~ OF the tNo preceding administrations is fresh i,
therccO.lec'ion Of as ail. II IS no r. Of ny rur
have been Inflicted in the late connic, Of parties; 70
Will refer - the past, farih, than IS e5s.ry
slow th ptoptity Of measures which deem r,qli
sic ior future security. To ia end, a 81 o review
some OF the principal tver's OF the per oil alHdo
%, is indispensable. II, upon that review. We fn
81 o tho npprchtnded evils, instead of being guarl
I'd 1g1ns, have been inflicted, to degree exceed
lrg tr fn of n ttmd nllrmi.f. Al No hat