Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1842-03-01

1
Ihcatlon; and then, after all this had
been done, and the terms of The treaty
agreed upon, he for the FIRST time sub
United it 10 the Senate for ratification.
Now every one must see that there
IS great difference between rejecting
what had been already actually done,
and refusing to do that thing if asked
beforehand. All must fell that they
often gave their official assent 10 " hat
they never would'have sanctioned but
Tor the consideration that the rea-
ly was already concluded and that
the faith ofthe nation was in some SORT
pledged for lis ratification. Another
consequence Of tits Executive en-
cFoachment was one from which for
eIgn Powers often experienced great
lnconFemence-he meant the amend
ment OF treaties by the Senate after
they were at length submitted. So
great had the Inconvenience from this
source been, that in more recent trea-
ties 1t had come ito be the practice TO
insert in the body of the treaty itself a
provision against alteration, so that it
must be ratified in It's existing form or
not ratified at all.
The next Executive encroaChmept
he should notice was that which occur
red in the dismissal from office fper-
sons appointed by and with the con-
sent of the Senate. The effect Of this
practice was virtually to destroy all
agency and cooperation of the Sem
ate in such appointments. or what
avail was it that the Senate should TO-
day solemnly ratify and confirm the
appointment of an individual 10 an of
fee under the Government when the
President could tomorrow reverse
the effect Of their act by his mere
breath? Every one knew that the pow
er of removal had been grossly perver-
ted. In the early days of the Consti-
tuition it had been maintained that the
power could be exercised only in case
of malieasance or misfeasance in office,
and that the President who should
dare to employ it for any other end
would subject himself to irnpeach-
ment. But our history and expert
ence has gone 10 show that this liabili-
~ 10 impeachment was a mere scare
crow, and that it could never have any
practical effect in popular Govern
ment, constituted as ours was, and in
country politically divided as ours
was ever liked 10 be. By the free
exercise of this power of removal the
Senate had lost its practical influence
on the whole subject of appointment TO
office. Instance!after instance had oc-
Cured where an individual bad been
dismissed by the Executive whom the
Senate would gladly have replaced in
office, but whom they were unable to
retain there, and were therefore COM
PEELED to sanction the nomination Of
state Of things W 22;,lb he repeated ii,that
the cooperation of the Senate with
the President in the matter Of appoint-
ments had been almost completely null
lifted for years past. Indeed, so per-
fectly was this understood, that, when
the Senate were celebrating with clo-
sed doors on Executive nomination,
Mr.. c.. frequently walked out Of the
Chamber. DeIberation in such a
case was one Of the idlest things in the
world, because every one knew that all
resistances must be unavailing.---
And even should the objections against
the nominee be so gross and undenia-
BILE that resistance to his appointment
should succeed they might generally
calculute on another nomination not
more TO the taste of the Senate; and
when at length the office was iiled.th
tertr, of the incumbent was not on
the Joint will Of the President and SEN
ale acting together, but up on the
more arbitrary breath, of one man.
NJ. C. said that it was not his pur-
pose to go into all the details of these
encroachments of the Executive upon
the constitutional powers and peroga-.
tive Of a single. legislative branch of
the Government. He would now pass
to its attacks on the powers of the
Congress of the United States.
And the first instance of this to
which he should refer was the creation
of officers and the designation of
their salaries without the consent of
Congress or any consultation with it.
Another and a more formidable in
stance was to be found in the assump-
ton within the last few years of the
purse of the nation. He alluded, as
every body must understand, to the
Seizure by late Executive Of the
public deposite placed by law in the.
Bank of the United States-a removal
which had been effected under the
avowed claim of power to employ the
prerogative of removal as a means to
compel subordinate Executive officers
TO comply with the will of the Presi-
dent, on The principle that the Execu-
tive was a unit and that a single will
must control the eDtire Executive
Department. This seizure of the
public deposite had yet been unprovi-.