The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-12-29
MIR. BrndburX,s Resolution.

When dismissed office-holder groans
over the loss of his place and its emolu-
ments, we are not surprised. He may
make personal matter of it, if he pleases,
and grumble by the twelvemonth together,
without being much needed. But, when
Senator of the United States takes up
his case, and undertakes to arraign the
PRESIDENT for the exercise of his consti-
tutional powers in removals from office,
the effort challenges the attention of tho
press.
The Senator from Maine, Mr. BRAD
BURY, seeks to signalize himself by lead
ing off in the cause of the martyrs. He
has introduced the following resolution in
the Senate:
GO Resolped That the President be requested to
cause to be laid before the Senate all charges which
have been preferred or filed in any of the Depart
| ments against individuals who have been removed
from office since the 4th day of March last, with
specification of the cases, if any, in which the Off
GERS charged have had opportunity to be heard,
and statement of the number of removals made
uluer each department.
This resolution is offered as the initia-
tive of a campaign against President TAY-
LoR for the recent removals from Office.
The President is chosen for four years
but there are many worthy men, it seems,
who imagine to this day that any good
Locofoco, who gets into subordinate
Federal office, is entitled to hold it for
life. We thought this error was long
since exploded. WHIGs have been ex-
Guided from office for the last four and
twenty years ; and we really think that
| they are entitled to take turn in the pub
lie employments, even if it is necessary
to break up the supposed life-tenure of
| Locofocoism.
The power of removing from Office re-
sides in the PRESIDENT, and the Senate
has nothing to do with the manner in
which it is exercised, unless it comes be-
fore them in their judicial capacity. This
power was conceded to the Chief Mags-
trate in the first Congress, by vote of "a
to 20 in the House of Representatives,
and in the Senate by the casting vote of
| the Vice President In the three acts
organizing the Executive Departments,
passed In 1883, this power to remove the
principal officers is conceded as consti-
tutional right. From the commencement
of our Government it has been recognised;
| by Congress at its first session-by the
exercise of the power by all the Presi-
dents-and by the Supreme Court in the
case of Marbury Us. Madison.
1t was stated by Mr.. Senator BBB, in a
debate in the Senate Of the United States,
that from May, l792-when President
WASHINGTON made his first message, nom
mating Mr.. Wigglesworth, as the Collec-
tor of Newburyport, in place Of Cross, SUI
perseded-down to this time, notwithstand-
ing the various removals made known to
the Senate, by nominations to fill vacan-
cies so happening, not one single instance
4 had occurred in which the Senate, as a
body, has asserted the right to ask the
cause of removal, or to exercise an appel
late or revisory power over the Preside nt's
decision. The attempt, in 1914, to ask
the cause of the removal of Gideon Gran
ger from the office of Postmaster General,
was rejected by the Senate.
In February, 1914, President MADISON
nominated ReturnJ. Meigs as Postmaster
General. A resolution was offered in the
Senate to ask the President if this Office
was vacant, Sand, ifvacant, in what man
ner it became vacant" This resolution
was rejected.
On the 22d Of April, 1880, in the Sen
ate, the resolution of Mr.. BARTON, calling
upon the President for the reasons which
induced him to remove Theodore Hunt
from the office Of the Recorder of Land
Office in Missouri, was disposed Of by being
laid on the table, on the motion of Mr..
GRUMPY.
On the 26th of April in the same year,
resolution calling on the President for
the reasons that induced him to remove
James Carson, Register Of the Land Office
at Palmyra, in the State of Missouri, was
called up. Mr.. GRUMPY asked the yeas
and nays on its passage.
Mr.. MCKINLEY took up the discussion
against the resolution, and we copy SC
much of the short debate on the subject
as may serve to present the view taken Of
it by the Democratic Senators in 1880.
"Mr. Mckinley said, as he understood the ques
ton presented in the resolution, il was one Of pow
or. u commended that the President Of tn,
United States had power to remove Officer
without the consent Of the Senate. If such propo
stion can be maintained, then il appeared 10 him
that the Executive power was not confdcd TO tho
President, but to the Senate. This not the dis
tribution ofpowcr, regulated by the Constitution
Of the United States. BY that instrument, as b,
understood il, the execution Of the laws reposec
IL . n m Ffl