The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-22
could almost wish the President would give him
some signal expression Of his Appreciation


marks highly complimentary to Captain Blythe In
/ which Mr.. s. concurred
T. know nothing Of the other cases mentioned
by the Senator. He speaks Of Mr.. Halle, Of New
York, who he says was dangerously wounded at
the battle of Lundy's Lane, and left for dead the
/ field; has nevertheless been dismissed from some
ofice--what, the Senator does not say. But this.
whether right wrong is no new thing in the
| MIR. Jefferson dismissed Elzur Goodrich from the
coectorship Of New Haven, and he was bayoneted
by the British when they invaded that city during
the revolutionary war, and was cleft for dead on
the field" General jackson turned out several
who had distinguished themselves in defence of the
country: among Others recollect the case of Major
Melville, who was one Of the celebrated "Boston
tea party"
But General Taylor is the last man to do injus-
tce to those who have suffered for the country If
any thing Of the sort has occurred since he came
into power, it has been without his knowledge, and
will be sure TO meet with his disapprobation- He
who exclaimed in the height Of the battle of Buena
Vista, "My wounded are behind mel will not re-
treat alive will gladly recognise the just preten-
sions of his comrades in arms
Mr.. President, it now only remains for me to
| state briefly the grounds on which suppose an ad-
ministration coming into power as did the present,
may make appointments without laying itself open
justly to the charge Of being proscriptive II may
bgg bgp0'n' '' own ''sn'' % M vacancies created
T. Deaths.
q Resignation. These have been more numer-
March, ls49, in other Departments than the Gene
raj Post Office. ] could give many more particu-
lars, but time will not permit.
g. By removal OF those unduly appointed by a re-
firing administration And here wish to notice
the broad which exists between the course
the Democracy at the I'd session of the Goth Con-
gress, at the close of Mr. Adamss term, and at the
second session of the last Congress- On both occa
sions the party had majority in the Senate; but
in the former they took the ground that, inasmuch
az the administration OF MIR. A. had been con-
demned and overruled by the people, it was not fit
that he should dispense the patronage of Govern
ment any further than was Indispensable to the
public service. They therefore laid on the table,
and refused to act on, 1t Is believed nine -tenths of
his nominations, and, among others, that of the
Hon. John j. Crittenden, nominated as Judge of
the Supreme Court. But very different course
pursued at the last session. The retiring
President laid his hands on all appointments with
in his reach. He made no less than one hundred
and forty-six nominations at the last session, Of
which twenty four were during the three days in
March ministers, charges, consuls, collectors,
marshals, district attorneys navy agents, postmas
ters, and other subordinate ofhcers-and the Senate
had difficulty in confirming them, notwith-
standing the rule in the case OF Mr.. Adams. Mr..
Hannegan was nominated and confirmed at the
last gasp. This anticipation of the incoming Pres
idcnt constituted, in my judgment, serious griev
ance, which demanded more full redress than il
has received.
By removal of such as obtained their places by
prescribing others and this will usually involve
icers, as in the cases of the Second and Third Au-
dior's offices. Mr.. Grundy, in the extract from
his speech already quoted, recognised this a suf
ficient ground for removal.
5. BY ditto, in cases where there is incapacity.
inattention to duty, immortality, or other irregu-
larity of conduct
6. By ditto, where there has been an open inter
ference with elections, either municipal, State or
national. deny that any man can be deemed
truly competent who is brawler on such occa-
sions. Capacity, properly considered, is large
word 1t comprehends not only intellect, sound
morals, sufficient education, and business habits,
but also acceptability to the people. What right
has any administration 70 quarter ON any commu-
nifty public officer deputy postmaster for exams
ple) who has made himself odious by political inn
pertinence to majority Of the people. at the local
ity where he is to exercise his functionsS When,
therefore, the President said that the want of ca
pacity would be a sufficient for dismissal, il
necessarily involved the exclusion Of all this class
Z. By ditto, where there has been positive mis-
conduct official or otherwise, and nothing appears
against the officer but inaptitude, in point Of tenn
per or habits, 10 the place which he fills. This s
recognised by Mr.. Shipley, one Of the honorable
Senator's Democratic predecessors, as sufficient
cause for removal:
"A man may prove a bad public officer from
constitutional traits Of character. He may be slow
in the discharge Of duty, where expedition is re-
quired. He may have an irritable temper, where
great patience is desirable necessary. These.
and a great variety Of other causes, may prevent
the discharge Of his official duties they ought 10
be discharged, and yet he may not be chargeable
with any Intentional misconduct And must the
people suffer under these Inconvenience without
any etieclual remedy The injury and inconve-
nience the individual by removal is not at all TO
be compared 10 the public injury by his continu-
ance in such cases."-Vids Gales 4 Ssaton's De.
bates, Uoi, III, pf I. p. 453.
=. BY ditto, where there are good and sufficient
reasons TO suspect frauds. defalcations, or other
misconduct i can say, in the language Of MIR.
Shipley, that since General Taylor came into
power
IL.
where the incumbents supposed 10 be good
officers while in office, have been discovered ON
their retiring by virtue OF law, their removal
and their names could be given; bat forbear to do
IL, as II is not necessary 10 the argument."-Ytde
Gaies 4 Ssatons Cong Deb., poi. II, pf. !, p. 452
9. BY ditto, with view 10 the general advan-
tage; but this ground must be acted on with great
caution, otherwise Il will run into abuse. Mr.
Shipley says, (Gales Seaton's Cong. Deb, vol.
IL, pt. , p. 453:)
81 would not necessarily require any positive
fault in officer, in order 10 remove him from Of
fee" 'lt 10 just, and proper, and use
full, without regard 10 party or party favors, to
change public officers. IL Is in accordance with
our system Of government, which holds out equal
rights and equal privileges to ALL
This Democratic Senator from Maine did not
deem these views at all inconsistent with positive
pledges Of General jackson and his friends against
| the proscrptive policy.
1.-THE honorable Senator (bfr. b. should sugges,
| (and indeed he does in effect in his resoutiop)
that the parties in interest should before removal
have notice, and a hearing, opportunity to
make defence, then must call on Mr.. ShipIev
again to correct his errors, and bring him 70 a
proper understanding Of this subject.
Mr.. shipley says:
"If the President s required 10 give satsfactorv
reasons for removal, he must first have the proof
of misconduct; and If the proof is attempted. as
long parties exist, the testimony will be contra
dictory, and the people will never be enabled TO
procures removal, until is made 30 clear as
10 authorize and justify an impeachment. The
voice OF the people II lost. They no longer be
heard, OF, II heard, respected.--P,ds Gales 4 Sea-
tons Cong Deb, poi. n. p. asa
Or will the Sens'or (Mr. BRADsUsY) insst that
Il is grievous wrong To displace party who have
been quarter Of century in Office and that Dem
ocratic Office holders have at least possessory
right to their places, 70 say nothing Of an estate for
life or in feel
In answer, must ask my honorable friend To
hear the sentiments Of General Jackson, as cx-
pressed in his first annual message TO Congress
sentiment. which Promulged in face OF his
assurance that "the patronage Of the government
should not be brought in conflict with she freedom
| ,,f oIc