Washington telegraph., 1853-11-16
Very respectfully,
JAMES GUTHRIE.
WAsnlNaroN. Oct. ID ~


SIE:--I have received your letter Of The 18th
inst. IT is not my purpose 10 reply to the
many positions OF that letter, because most of
them bear their contradiction upon It's face and
others are too unnporiant 10 require reiuta,ion;
anu, also because, while IN several phrases Of it
admitting your implied obligation as a man Of
honor to act IN accordance with the known poI-
cy OF the administrations and moreover recogniz-
ing the propriety and Justice of that policy by de-
caring that you yourself deprecated and eudeay
ored TO prevent the divisions now existing IN the
democratic party in your State Won nevertheless
induged IN a tenor OF remark as to various rrIa-
tlons the subject which not only in,nuq1,s nv
motives, but indicates attitude on yonr pa,t
wholly Incompatible with harmonious coopcrc
ton wish us, and the proper conduct of the l.,s-
ness OF the government
One suggestion appears in yonr letter v.hicl.
demands anamadvcrsion. You allege by impli-
cation, that have desired you to appoint Free
soilers to office; and in doing so You strangely
misunderstood or misinterpret, my letter of the
Sd ult | neither entertained nor expressed any
such desire. 1t has been my pleasure and m, dn-
ty no. to enquire into the opinions which NAV
have been held by yourself and others as tar back
as ISIS but to regard the claims TO consideration
of all who have acted with fidelity 10 the princi-
pies and organization of the Democratic party
since the convention at Baltimore in 1852 and
those only. And with these views must con-
denim your course, when. in this letter. YOU INFORM
uie tHib you nave Sei"cleu FreeSoIleFS tbr oice.
without having given me the notice of the fact
which would have enabled me 10 withhold my
APPRECIATION from any such appointments.
| VIII add that the mputation that have re-
qGired You to act with regard to controversies of
a local or State policy is wholly gratuitous My
letter was intended to guard you against dcstnct-
ions between democrats founded upon local poll
ties and local divisions The concluding portion
OF your letter has left me no alternative but to lay
the whole matter before the President and take
his direction concerning it.
You assume that in relation TO certain things
you are to receive instructions froal this depart
mcnt, and in others that you are to proceed with
out; or contrary to such instructions This can
not ne admitted ia any branch oi the public SER
wee, ior where the department is not expressly
empowered to give instructions to subordinatcs
1t has the authority TO do SO, as inherent III the
power 70 remove refractory officer
lou also assume that YOU are to appoint the
various persons employed in The Custom House;
some, as you admit, subject to my approval ard
others, as you seem TO conceive, on your sole au-
thority. ! cannot but regard it as singular that
a gentleman of your legal requirements and ex-
peuence should have fallen into such an error
The constitution of the United States has en-
powered Congress to confer the appointment of
inferior officers in the President alone, in the
courts of law, or IN the heads of departments.-
Congress has not attempted, nor il it had, could
it have effected, any modification of this provi-
SION OF the constitution. Those vino are employed
under you in the Custom House, do. both by the
constitution and the laws derive therappointnent
and their authority public officers from the Sec
reEary of the Treasury alone
What the language and temper of you letter
would have rendered embarrassing. these unwar-
rantable assumptions, marked as they are by Il
manifest spirit of nSubor,iination. render impos-
sible, namely. your continuance in the Office of
Collector Of the District of New York
am therefore, directed by the President TO
say that your successor in the Office will be
promptly appointed.
have the honor TO be, very respectfully.
IA MES GUTHRIE.