Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-11-04
Ex.CoLLECToR BRONSON TO SECRETARY

EX OLLECTOll BRONSON TO SECRElAtl
Nav YonK, Monday, Oct 81. 1853.
Sr--I you had been content in your leuer OF 'ne 200
instant with announcing my removal from eihce IL woua
have been The of correspondence On lhat suoec
But as Won have attempted 10 assign reasons or Inc pro-
ceeaings, have something 10 cay In reply.
You deny right of The Collector to act without insrnr
,ion, from your Department. in any case This doctrine s
entirely new; In much the larger part OF the DSnesS vi
The Custom House. tho Collector is guided by the Revenue
hws and has always acted without instructions from Tue
Sscretury OF the Treasury. II is only In special cases
where the law Is of doubtful construction OF the dules OF
the Collector have not been FULLY prescribed oy a anu
where tho Secretary has dispensing power that he has
been authorized issue instructions 10 the Collectors ana
none of these have anything 10 do with the appoint
of officers Of the Customs On .hat heaa me rgnss rs
and duties of both Secretary and Collector have been pre-
sctbed by Congress- and neither control the ohe ~hen
acting in his appropriate sphere. .,
If as you appear suppose the Collector can do nohng
without instructions from your Department. tho business
which is transacted in the Custom House IN sing.
hour could not be accomplished in month"; gu nave
evidently set too high an es'hato "Pon 'n' '"'e " ~
powers. .,, o,,.o,ino
The reason which yon have assigned for ts sweeping
claim of authority s as US e n
Your words are Where the Department Is mol expressly
10 give instructions TO subordlnates II mas 'he
Authority so, inherent in INC power 10 remove e'
|rr,orv officer" Now, read The Constitution me Sc
Iorv nj The Treasury has power to remove Collector
however refractory he may be- The power oi remnvn
well appointment is vested IN ihe ffesiueh'. r r WI h
40 we'll therefore, look for better reason 'han me
one yo have assigned for unlimited authority over Io'
lectors in the selection OF their ogents
! N0u
o nrn,s and experience should fall into The error OF as'
smnp that the collector appoints the various persons G
poy ed in the Custom iOuse-some with the approval VI
the Secretary aud the sole authority oi inc Coec
nr Snpula az this may appear you il is The course
which has uniformly been pursued SINCE Inc ioahoaoh VI
the Government. Weghers. measurers euaRofs anu ~
nrc,os have been appointed by the Collector with Inc ap
of The Sccreary while clerks porers oafgeneh ID
borrs and othsrs have been appointed bV lhe uoecto
alone has only been 30 under all former secfearIes
nj ,te Treasury but during your own iime All my clerks
noers carlmen laboers &c. have been appointed whou
consulting you in any orm and you never ihhateu,
about The ptoprey OF TINS course y, un yo1
Still you insist that the clerks anu othef agens he
Collector derve their appointment and tneir anlhoy 81
nublic officers from The Secretary OF The Treasury alone
Tie reason you assign for this new aud extfavagaht clam
will chow that il is wholly without any lbgai Ioundaton-
You place upon The Constitution ol me unlteo Stales
which proyides that "Congress muy, by law VeSt he ap
noutmcnt of such inferior officers they may lhinH proper
in the heads OF departments" You then aad una. Ion
gress has mol attempted nor il had coui' IL huue
1oy modification of Ibis provision oil the CONSTITUTION
And hence you conclude that the appointment s N te pee
retary 1t is readily granted that Congress mas nol ant
cannot modify the Constitution; bua sun yUu. ,no b.
amounts 10 than his-because congress nny, %
Ioo vest appointment of certain officers ID te Secle'a
ry of the Treasury and Congress has not moonea e eon
stitutiona provision therefore The Secretary mas he po"e
of annoinen In other words-becausc congress may
it plea ses confer power The Secretary snn Coneres
ha. done nothing The subject! therefore e oecreay I'D
The Dower Such is law and The logic OF your letter
have thus far assumed that you are night In supposln
that The clerks porers laborers In ihe Cus,om HOUSE
public officers within the meaning o, 'e hsU sr
of The Collector aid the discharge Of the dutie
which The has imposed upon him. They are the hand
by which he works. and are no more ocers 10 me sense
Ibe Cnn.uton Than are soldiers and sailors In the Arm
and Navy They been treateJ or even mention
ed By Congress officers, appointed by The Collector
one else but only persons employed by the Coeco
hazard nothing in saying that the claim which You nav
now set up has shadow OF foundation either 10 VI
law of the land in any former practice OF Inc "'''H
, men - ,1 o too nj
You speak of "unwarranabe assumptions ana nsG o.
fest spirit of insubordnaon my part as " h,
the removal But you have been wholly in, u,u =. W ,h,
was unwilling TO acl in obedience to your Instructors,
s cases where The law had given you aunot'y 10
necesssv nroye Inferioy; and, between gentlemen
The relation of superior and subordinate coners no lgn
Inc one 10 uso mperous language and imposes no ouy
, the other 10 surrender his legal rights
Won comnain that remarks in my oEnet etler lmPug