The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-01-14

hcsrs concerned in the active duties Of the De-
par.ment, in the Board of Commissioners who
should alone, too have the power Of removing
any of these functonaries from Office in case of NAL
versaton or incompetency. throw out these sug-
gesoHs Tor the consideration of the Senate, not as
having very thoroughly pondered them myself though
they have often passed through my mind IN the deep
anxiety feel for the accomplishment of the object
at which they aiman entire withdrawal OF the Trea-
sury from any connexion with, dependence on the
Executive. If there should be constitutional inn
pediment to their adoption and confess am not IN
clined TO be astute in searching for one in such
cause they would be the means of efecting great
political reform and of afording a security for the
public liberty the importance OF which, in the gene
raj sentiment of the country, cannot, am sure, be
oyerrated
IT, however, upon consideration should be thought
that the actual provisions of the Constitution, nowith-
standing the practical construction it received in the
case of the Commissioners of the Sinking Fund OPP
pose an insurmountabe obstacle to the arrangement
here suggested, there is yet another mode of render
ing the members of the proposed Exchequer Board
virtually independent of the power of the President;
in regard the constitutonality Of which, presume,
there can be no doubt in the minds of majority of
this body. ! mean by providing that they shall not
be remored from office in any case tcttom the concur
Of The Senate reseryng, however, to the Presi-
dent the power OF suspension IN case oil misconduct
or infdeity and of appointing temporary substitute
during the recess Of the Senate, which, it
meets, shall determine whether the officer shall be
stored, or be finally removed from office. provi-
sion of this kind by throwing over the officer the
shield of Senatorial Justice, would render him indie
pendent of the mere will of the Executive and give
him the requisite irmness in the conscientious dis
charge of his duty As to the constitutional power of
Congress thus to regulate the tenure of offices created
by it, think there is reasonable ground of doubt.
The decision of Congress, in 1883, ON the general
question of the power of REMOVAL decision in
which, under the luminous reasoning OF Mr.. Madi-
son, my judgment has always acquiesced-went no
further according to my apprehension of it, than to
affirm that, in the absence Of Legislation to the contrary,
the power of removal resulted to the President i
have never understood il precluding the power of
Congress- whenever thought proper to do by ex-
press provisions to regulate differently the tenure Of
offices created by il, and to declare in what manner,
well for what causes, the Incumbent shall be re-
moved.
The honorable Senator from Kentucky, (Mr. CLAY,)
if mistake not brought forward proposition in
1885, providing that officer appointed by the Pre-
sident, by and with the advice and consent of the
Senate should be removed from Office without the
currence of the Senate, subject, however, to tempo
rary suspension by the President, when necessary,
during the recess Of the Senate. The application of
this principle is especially called for in regard to all
officers entrusted with the custody and management
of the public moneys. II has been SO felt and ac-
nowedged in the institutions of our sturdy British
ancestors from time immemorial for while the mass
of public fnctionares there hold their Offices during
the pleasure of the Crown, the officers of the Erche
que,, the great conservatory as il is called, of the
revenues of the nation, are enrenched behind ten
ure of good behavior, and hold their situations when
once appointed, independently Of the pleasure of the
Crown. Surely our national Treasury, maintaining
precisely the same relation to the public revenues
should be rendered. at least as Independent of the
power of the Executive here. am ready, then, for
one, to Join the honorable Senator from Kentucky
heart and hand, in carrying out the principle of his
propositions in regard TO the members of the propos-
ed Board of Exchequer, and all other officers con
nected with the Public Treasury, The honorable
Senator has just laid upon table proposition for
amendment of the Constitution to vest in Congress
the appointment OF the principal officers of the Trea
sury, with view to separate that Department more
efiectuay from the power of the Executive, and to
subject it to the control of the Legislature. He will
pardon me, am sure, for suggesting whether it would
not be better to pursue his object by resort to the
means which the Constitution as it stands, puts at
our disposal, rather than by proposing amendment
to the instrument which, now that the of
twenty out of twenty-six independent sovereigntes
has become necessary to effect il, may be thing to
be wished, but which, in no case | am persuaded
shall we ever see accomplished.
That the plan submitted TO us by the Secretary Of
the Treasury would receive important notifications
from the hands Of committee, in regard to its machi
merry, well as in other respects, there be no
ground to doubt. The President himself in We
ry becoming spirit, invokes the wisdom and patri-
osm Of Congress 10 mould the schem to suit
lis own views OF what necessary and proper in its
organization. lie particularly urges upon Congress
to take from the Chief Executive Magistrate by any
and all constl utona means controlling power
the public Treasury" and if, in the plan proposed
"that separation IS not complete as they may desire,
he nvokes them to make It In the same spirit,
the Secretary Of the Treasury presents his plan as
one which will stand in need of mod fcatOns and a
care repision the two houses of the Legislature
And yet, in anticipation of all notifications and
amendments, gentlemen n this body disting pushed
political leaders, in the zeal Of an apparently prede-
termned opposition, rise motion of refer
encc and one of them indeed, (Mi. Benton, as soon
the Presidents Message i read, and denounce the
whole scheme, both in its principles and its details
rejoice sir in the contrast to this procedure, which
| has been exhibited by the attitude of gentlemen
this side of the House Whatever sentiments of dis
satisfaction they may be supposed TO entertain in
gard to the past they have exhibited temper of ca
ger condemnation OF what is now proposed. They
are willing to consider the suggestions OF the Admins
tration in spirit OF cando and to make out of them
if possible something for the good Of the country.
This is the spirit which the condition of the country
d ymands and gentlemen will yet find if mistake
not that the spirit of the American People of all
parties. They demand in the presence of the diff
cues and endorsements which afflict the country
that there shall be trace to the bitter strife of party
that an exclusive and ovcrweenng attachment to IA
vore 81 stems shall be laid aside and that an honest
and sincere effort shall be made to find if possible
some common ground on which the great interests Of
the country long the sport opary contests may be
placed, for season at least in security and rtpose
TEXAS.
! LATER.-By an arrival at New Orleans dates have
been received from Austin to the 30th ult.