New-York daily tribune., 1842-10-05
THE TRIBUNE.
Fudge Upshur on the Power of Appoint
u,eut and It's Abuses.


trus, 70 their instruction and proht-the views OF
Hon. ABEL P UPsHuR, Mr.. Tyler's Secretary ei
the NAVY, on the nature and exercise OF the Veto
Power Of the President as embodied in MS abe
and powerful Inquiry into the True Nature l'''
Character of our Federal Government oeins
Review ofJudge S.ory's commentaries on 'le W.
sti,ution of the United States We propose 10"
to extract from the same work, (Pp. ib-~o' ti''
s.marts o. the ,a,pre and abuses of the Appoint.
;,s Power No comments could add 10 tiieir per
,oence or force They are as fo.io"s
az, :. ,.narkable that the Constitution Is
,,.,,an, o;Ie,, IN regard 30 the pswer OF renovai
from office. The appointing Powerls III .he nc,
.;dent and Senate; the President nominating, ana
,be Senate confirming; but The power to ren00e
from Office seems never to have been contemplated
bv the convention at all, for they have given no
directions whatever upon the SUBJECT. ne con-
sequence has been precisely such as might have
beep expected d severe contest for the possession
of that power, and the ultimate usurpation OF 1t,
bv that department of the government 10 waich II
ought never TO be entrusted. In the absence OF
all precise directions upon the SUBJECT 1t woula
seem that the power 10 remove ousht 10 atIei'u 'n
power to appoint; for those whose duty 1t is 10 III
the offices Of the country with competent lncuh-
bents cannot possibly execute that trust fully and
we'll unless they have power 10 correct tneir own
errors and mistakes by removing the unworthy,
and substituting better men In their places: MS
| have NO doubt, IS the true construction oil our
Constitution. 1t was for e long time strenuousy
eontended for by large party in the country, ana
was finally yielded, rather to the confidence whicn
the couatry reposed in the virtues of Washington,
than to any conviction that it was properly an EX-
ecutive power. belonging only TO the President
I, nf WoshinUtO alone. OF all the truly
great of the EARTH that he never inflicted an INJURY
, upon his country, except only such as proceeded
from: the excess Of his own virtues. His known
pa,riotisp wisdom and purity, inspired US with
confidence and feeling of security against the
abuses of power which has led TO the establish
ment of many prccedenls, dangerous TO public lib
er,v in the hands of any other man. Ot these,
the instance before US is not the least important
The power to remove from Office is, in effect, the
power to appoint to Office. What does 1t avail
that the Senate must be consulted in appointing
to office if the President may, the very next mo-
ment, annul the act by removing the person aP-
pointed? The Senate has no right to select; they
can do notAing more than confirm or reject the
person nominated bv the President. The Presi
dent may nominate his OWE devoted creatures; If
The Senate should disapprove any ore OF them, ne
has only to nominate another, and another and
another; for there is no danger that the list will
be exhausted, until the Senate will be persuaded
or worried into compliance. And when the ap-
pointment is made, the incumbent knows that lie
is a mere tenant at will, and necessarily becomes
the mere tool and slave of the man at whose sole
pleasure he eats his daily bread. Surely, il is
great and alarming defect in Constitution. that
SO vast and dangerous power as tins should be
held by one man. Nothing more is required to
place the liberties of the country at the eet OF the
President, than authorize him TO hill and TO va
cate and to fill again, at his sole will and pleasure,
all the Offices Of the country.
The necessary consequence of enabling the Pre-
sdent to remove from office at his mere pleasure
is that the officer soon learns to consider himself
the officer of the President and not OF the couA-
try The nature of his responsibility lis changed;
he answers not to the people for his conduct, tor he
is beyond their reach; he looks only TO the Prcsi-
dent, and, satisfied with his approval, is regard
less of every thing else. In fact his office, how
ever obscure it may be, soen comes to be cons!d-
cred only u part of the great executive power
lodged in the President The president is the vii
lage postmaster, the collector OF the customs, the
marshal, and every thing else; and the incumbents
of those offices are but has agents. through wheh,
for the sake of convenience, he exercises 80 much
of his gigantic powers. One step farther, and the
agency ofthe Senate in these appointments will be
VI.
tion and implication to which the looseness of the
Constitutions on this point holds out the strongest
invitation, and the President will say 10 the Sen
ate Z" This collcctorship is part OF the great eX-
ecutive Trust which is lodged in me; have right
to discharge it in person, il | please and, conse-
quently, have RIG ght to discharge 1t by my own
agent. II is my duty to sec that tileaws are eX-
ecuted; and if do so, that is all that the coun:
try can require OF me. | have right to do so IN
my own way" There is no extravaganza IN TIL;
suppostion; nothing in the past history OF the
country which teaches US TO consider 1t an mproo-
able result Who does not perceive that The
claims which have already been made, IN behalf
of executive power upon this very point, must OF
necessity change the whole nature and spirit OF
our institutions. Their fundamental principle is,
that all power is in Tie people and that public Of
cers are but their trustees and servants response
BILE TO them for the execution of their trusts. And
yet, in the various ramifcations of the executive
power, in the thousand agencies necessary TO the
convenience nj interests of the people, which be-
long to that department, there is, in eject,
seonsibility whatever. The injured citizen
make his complaint only To the President, and the
Presidents creature knows that he is perfectly Sc
cure of his protection because he has already pur-
chased it by slsvsh subservicncy, Is tnot enough
that the President himself is responsible We
shall soon see tnat his responsibility is nominal
only; mere formal mockcry. And responsible
for what? VIII you impcach the President be-
cause postmaster has robbed the public mail OF
collector of the customs stolenthe public money?
There is absurdity in the very idea VIII you
impeach him because he does remove these un-
faithful agents, and appoint others He will tell
you that, according TO the construction which has
been given TO the Constitution. and in which you
yourselves have acquiesced tina, matter depends