The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-17

in this chamber would seem to indicate the neces-
sity Of a change of policy
3. But | take another exception TO the character
of this resolution; and this is founded on the fact
that il is mere call for the charges filed and not
for reasons for removals. My friend says that he
does desire the reasons, To quote his exact
language, that s'the resolution asks the President
for information and not opinions But, when we
come to examine the resolution, we Ind II calls for
"the charges preferred" j. e. for an inspection Of
papers, and not for information as to the grounds
on which the Executive acted. Now, does not the
Senator know Qf he does not, every other member
must) that removals not made on mere papers
in nine out of ten? The dispensation OF pa
tronage is should be matter ofsound discretion
and the exercise of an enlightened Judgment. But
papers are to be produced here without explana-
ton; we are not to know whether the Executive
did or did not act them; we are TO infer that
they all false, and that the persons dismissed
are pure, worthy. and unexceptionaose; a.; Inc % mo
able Senator, the conclusion is 10 be that they con-
tain nothing but .falsehoods and libels, on which
the innocents Of the Democratic party have been
ascertain whether they constituted the true basis of
Executive action. But l show by good au-
thority that this would be exceedingly unjust
treatment of the appointing power.
At the second session of the 23d Congress, COM
mittee raised in the Senate to inquire into the
abuses practised in the Post Office Department, Of
which Mr.. Grundy was chairman, and they made
the following requisiton on Major Barry, then
Postmaster General
''To send to the committee all the original let
tiers and papers in his possession concerning the
removal of H. Stafford and the appointment of d.
Heron. as deputy postmaster at Putnam, Ohio"
The resolution simply called for the papers in a
single case, and not, as now, for all the papers on
file in the respective departments in this city, in
atoms of the honorable Senator. Major Barry gave
response of unusual ability, from which shall
quote extensively hereafter, in which he says,
(speaking of removals and appointments:)
Tho haad dnft tha parfrn nanft r,crbf have fhper
governed by reasons within his own knowledge,
but not stated in any document received by him. p
vide House Doc, I'd sess 23d Cong, Rep. CON-,
No, 103, p $50.
Now, Ihave to say, that if any high officer of the
Government were to form judgment on papers
merely, it would be monstrous dereliction OF duty
Major Barry utterly refused to comply with the re-
quest of Mr.. Grundy's committee, and took the
very exception on which now rely. He insisted
it could not be safely inferred that any papers
file constituted the real basis Of his judgment But
the honorable Senator does not want "the opinions
of the Executive. All Will you not give the Pres
ident and the heads of Departments an opportunity
to say whether they did did not consider or give
effect to the papers, and, if SO, to what extenf No.
thing is more notorious than that recommendations
and representations of all sorts be obtained with
the utmost facility, and wise prudent man
| will rely on them for moment. Hence executive
officers must depend, in good degree, on their
own knowledge and the opinions OF members OF
j Congress, USUALLY verbally expressed) and OF
other reliable friends. The mere production of pa
pers without explanations, then, only calculated
TO deceive and mislead.
A. The procedure contemplated must impose on
the Senate endless task if there be the slightest
disposition here TO do justice TO the Executive, and
TO presume otherwise would be disrespectful TO the
body. The idea predomnatng in the mind OF the
Senator seems to be that, the production Of the
papers, are to presume that all the suggestions
and allegations therein contained are basey false
and that, too, without knowing whether the De-
partments gave them the slightest credencc /:
whereas the painest dictates of justice would re-
quire thorough investigation in each case, and a
reference to the appropriate committee, with power
to send for persons and papers, and an inquiry as
full as it shall be solemn. So that to have
innumerable lawsuits raised in this chamber, or we
to jump TO conclusions that will do the greatest
injustice to all concerned. Where will all this end
The impossibity of making any just or proper use
Of the information sought constitutes an insupera-
BILE objection to the proposed call
5. As a further development of the partial and
injurious character of this resolution invite atten
ton to the fact that the information is to be gath
cred up (at what expense know not, and when,
no one can tell certainly not at this session,) and
brought into the Senate sitting in its legislative
capacity and exhibited TO what end! To enable
the Senator, as he would have US believe, to dis
charge properly his executive duties. Then, it
would seem that all considerations which induce
the Senate, when considering questions ol removals
and appointments, to sit with closed doors, are to
be set aside! Why did he not make this call in
executive session? Was it because the accents OF
abuse which have fallen from the Senator's lips
sound doctrine from Major Barry's letter TO Mr..
Grundy's committee will serve to convince the SEN
ator that cherish more of the sound democratic
spirit and principle which predomnated under the
auspices of President jackson, than would seem
now TO prevail, If we are to take this resolution as
fair expression of the progressiveness of modern
times. Major Barry says:
'sThe improperly of yielding to an indiscrmi-
nate call for letters and papers is obvious to all who
will reflect ON the subject. Much Of the correspond
ence OF the Department is necessarily in its nature
strictly confidential, and the injunction is imposed
by the writers. They do not usually consider tho
importance OF separating confidential matter from
that which is not Hence, in many cases, the
same communication contains both, and il would
be impossible to separate them. In such cases, the
Postmaster General could not, with any degree OF
propriety, yield the papers; he 70 do 50, all
confidence between him and his correspondents
would be at end Facts and the opinions of in
dviduals of credit and respectability in the neigh
borhood, respecting the conduct, character and ca
pacity Of persons in office, and of ofappcants for APP
pointment, would be withheld fronthe Department.
No one who regards his domestic comfort, and the
| peace OF his neghborhood, would venture 10 state
matters that would lead TO recrimination, contro-
versy, and litigation. In cases Of mail depreda-
tions, which often lead TO removals from office, IT Is
all important that the Department should invite
free communications, both 10 facts and opinions.
By these means il is enabled TO make discoveries
at often happens that, in these inquiries, which
are daily going on, circumstances are: comInuni-
Gated which would seem to implicate persons who
innocent. The publication Of such papers would
be act Of cruel injustice well to the accusers
to the accused, and put neighborhoods at enmity
that are now in peace and harmony. III the Post
master General should yield TO an unlimited call
for papers, all confidence will be Withdrawn from
the Department. Deprcdatons and defaults OF
every description will take place, not only on the
part of postniastcrs, but Of contractors and other
agents the power Of restraints over subordinates
will, TO great extent, be at end, and the whole
some control now exercised will cease to exist"
Bring in all the papers, ] say, from the 9TH OF
March, ls45. Ito say nothing about the 4th oil
March, 1927 and then shall see how many
lawsuits will be raised, and how much disorder and
confusion will be created in the country!
s. The next point which make Is, that, II the
allegations Of the honorable Senator are true, the
President has been guilty Of high crimes and
misdemeanors. II the members Of the House be-
lieve one half OF what the Senator has said, 1t is
their duty to impeach the President An abuse OF
the removing or appointing power is an impeacha-
BILE offence. This admitted by the leading
statesmen who held seats in the first Congress,
many of whom were concerned in framing the
Constitution itself Is il the object Of the Senator
| In frr ne