The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-03-19
coNcLU DED.


m. iower of removal has been carried. Certainly,
the freauen, abuse of this power is grievance which
III. people have for yeats loudly complained. That
men should be prescribed for the fearless express
.on of their political sentiments principle VI Con
sttutionai liberty which will never surrender. 10
place the arbitrary power Of unlimited removal in the
hands of single man. would have been an objection
the Federal Constitution which ITS friends could
never have answered. The slight attention that was
paid and the little importance that attached TO HE
probable abuse Of this alarming power Is one OF tne
extraordinary facts in the political history oi tue
Republic. The language OF the Constitution H. 'ns'
the President shall nominate, and by and wth tue
advice aud consent Of the Senate appoint &c. me
power Ia nominate does not necessarily emoface 'ne
power of removal They are not equivalent o. Co
extensive The power OF removal 10 incisrn' ~ ~
mower of apuointment As the Federal ofiiceis are
appointed by the President | conjunction p'iH ne
Senate they are removable only oy me sumo auno-
yay The power TO create vacancy Is ihI'urn' !"
the power 10 fill a vacancy. As therefore, The Press
dent may apponi officers ing the recess OF Con
gress, he may remove them during the same period
This construction is sustained by the present Secrea'
nv Of State, whose luminous ana profound argument
leaves nothing to be added IN ITS support mat II
was the construction given to this clause by the sound
est and most enlightened friends OF the Constitution,
evident from the Federast In the TN number Its
language that the consent OF that body (the oenate
would be necessary TO dspace well as to appoint
II speaks Of this clause provision which com Gets
the eristence Of public lrtm me dPproodlioh or
Interpretation Of that body, which from The greater
permanency Of its composition, wl In all prooa
blity be less subject 10 INCONSISTENCY than any other
member of the Government. In the debate in 1889,
upon the bill establishing the Department OF State
this question underwent an animated discussion, and
it was decided, by vote Of thirty four 10 twenty,
that the power Of removal vested IN the President
alone That this decision in which the country has
ever since unfortunately acquesced resulted In great
degree from the unbounded confidence reposed IN the
integrity and patriotism of General Washington, is
proved by the history OF the times and has never been
hat, tntii hen he
from Kentucky mourns over the alarming extent 10
which this power has been abused when he urges It
as an Of the usurpaton OF the Executive on
the Legislative department. and boldly advances II as
q paramount reason why the Veto power ought 10 be
repeated he should examine more accurately the early
history of the Government and remember that all the
prescription and tyranny with which the country mas
FOR twelve years been cursed has flowed, not from
The arbitrary us1trpatOa Of the poner Of remordi by
he President, but ifs tame surrender by Congress
Mr.. Chairman The Senator from Kentucky ex-
claims ii the Veto be necessary 10 protect the Exc
cutve why not, for the same reason, confer It upon
the Judiciary The trainers Of the Constitution IN |
enabling the different departments to defend them
selves have placed different weapons their hands
The salutary purposes which the Executive accom- |
pshes by the Veto the Judiciary achieves by other
but not less efficient means. Although the weakest
department Of the Government, it is surrounded by
three great bulwarks the tenure during good be-
havior, salaries which cannot be diminished during
the continuance of the judges in Office and the pow
er decide the constitulionality OF the laws Of
Congress. The Judiciary has indeed, no veto for
it is not necessary for its existence and action. II
was proposed in the Federal Convention, to clothe
1t with this high power, but the impolicy of per-
hitting it TO participate In the enactment OF laws
..Aish they were afterwards to decide, was imme-
the Veto, will be le TO the fresluehI accou,ngH
the views Of the Senator from Kentucky The oaihs
Of Office and the responsibility OF the Ropes, nia
tves 10 the people, are the first and prominent
They who know the extent to which personal ambi-
anAr IT,fnr
Congress, and who how often the people are
misled by the nfamnatory appeals anu deceived by
the false professions of their representatives
will be slow to rey upon such slender barriers to
protect the rights and of the Executive
The next security is the authority Of the Judiciary
When we reflect that the power OF the Judiciary is
confined to all of law and equity arising under
the Constitution and does not extend the decision
of questions purely POLITICAL must perceive that
will afford but slight and uncertain protection to
the President against the eGcroach men,s of Con- (
gress 1 he faacy of the last security the equality
between the Chief Magistrate and the members oft e
National Legislature IN conflict before the people,
have at The very outset Of this debate attempted to
prove Whatever confidence the Senator from Ken |
lucky may rcpose in strength of these securities
all history warns us of lheir incurabls weakness
And when he asserts that the annals Of these States
afford no instance in which the Legislative has en-
eroacbed upon tie other departments of Government
Or passed such rash and hasiy laws called for the
restraint and safeguard Of single sovereign will, he
forgot the history Of Kentucky when the General
Assembly Of this State broke down the Judiciary
and if the Governor had dsseped from their runous
and unconstitutional laws, would have broke the Ex
ecu,ive also.
Mr.. Chairman 1t is true the Senator from
Kentucky contends, that the Veto Of the President
equal to the setoes of forty members of Congress- and
that individual, when transferred from the Senate
to the Chief Magistacy without any increase of wis
dom or patriotism, clothed with increase of pow
His voice prevails against that of large number
of his former equals. IL this a reason why the Veto
should be repealed Let me carry The argument into
the other branches of the Government Why is it
that few members of Congress transferred to the
bench can declare the laws of a whole Congress I'M
constitutional and void2 Why is it that Represen.
tatve transferred from the lower House the Senate
has voice equal to that of ehaf Of all the Repre-
sentatives Of his State 2 Demosh the Executive
branch for the reason assg ed by the Senator from
kentucky, and what will prevent you from leveling
10 the ground for the of increased power
without increased wisdom and patriotism, not ONLY on
the Judiciary, but the Senate tsef2 The arguments
favor OF the repeal of the Veto drawn from the par
tiaty Of President for his native State and his $50
lated situation are really entitled to little ght The
probability IL, that Chief Magistrate being conf
dent ofthe support of his State will be anxious
by proper distribution OF his favors, to attach others
to his interest. Kentucky has never succeeded in
electing of her citizens to the Presidency yet she
has not been sighted 10 the federal appointments
During the three last admnistr and the present
she has been represented in the Cabinet, | cannot
perceive why the fresiuent OF the v nlted States
should not be well informed of the condition of The
country as a Senator. Being elect for four years
he comes FREE her from the people than Senator who
is chosen for six He has every opportunity by cor
respondence, by reading the public prints, and by
mngling with his fellow-clzens to ascertain the | :
wishes and interests OF his country. Being indebted
the voice Of the nation for his elevation to the Chief
Magisracy, why should he alone of all the federal Off
GERS be capable Of ingratitude Why should he
alone be ignorant ofthe wants and deaf the cries of
The peoplel
MI. Chairman While Daniel Boone was on his
first visit to this western wilderness, and contem
plating the prospect before him. let imagine the
guardian angel of Kentucky to have lifted the curtain
Df fulurity and unveiled his and his countrys ;
greatness This land, she would have said TO him. ,
which is pow a trackIess for s., will in a few YEAR.