The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1853-11-16

fsfheT a.enfs 90 the AuliFtlN " ntisNF
1br;r apnolntnsrni aud ihrir authority
n Dvbl;c officers lrssm ihe Secretary q
~ Treasnr. alone The reason you
assign Tor this new and exirasag-ss
claim will shoM that il j. wholly Miih-
osa any legal foundation. ina place
Il upon lie Constitution IL the United
States. which provides that : Congress
may, BIZ law, vest the appointment q
such inferior officers as taey NAV think
proper, in The heads q departments"
You then add that j" Congress las not
attempted, nor ii il had. could i have
effected. any modification uf this pro-
vision Of the Constitution Aud hence
sou conclude that the appointment i
in the Secretary. Ii is readily grant
ed that Congress has not, and cannst
modify the Constitution. But still
your argument amounts 20 no more than
this-because Congress may BY lane
vest The appointment Of certain officers
in me Secretary Of the Treasury. and
Congress has not modified this consti-
iutional provision. therefore the Secre-
tary has the power Of appointment. In
other worsls-becasse Congress may,
IL il pieases, coafer a power on The
Secretary. and Congress has dune no
thing on the subject, therefore the Sec
rotary has the power. SHch IS the law
and the logic Of yoar letter.
1 have thus far assumed that YOU are
right in surprising that the clerks.
pOrters, laborcrs. &C., in the CUSTOM
House, are public officers within the
meaning Of the Constitution in relation
TO appointments. But. in truth, they
are mere agents of the Collector. to aid
in the discharge Of the duties which the
law has imposed upon him. They are
the hands by which he works. and are
no more officers in the sense Of the
Constitution than are soldiers and sail
ors in the army and navy. They have
never been treated, or even mentioned,
by Congress as officers, appointed BY
the Collector or any one else; but on.
ly as persons employed by the Collec-
tor. hazard nothing in saving that
the claim which YOU have nou set NJ
has no shadow oi foundation, either IN
the law Of the land or in any former
practice Of the government.
You speak Of unwarrantable as
SUMPTION" and "manilest spirit Of
INSTRUMENTATION" on my part, as a
ground for the removal. But YOU have
been wholly unable 10 show that as
sumed ANYTHING beyond my just rights,
or that | was unwilling to act in obe-
dience to your instructions. in all ca
ses where the law had given you au-
thority to direct. You must allow me
to add, that subordination in office does
not necessarily prove inferiorityI and,
between gentlemen, the relation Of SUI
perior and subordinate confcrs no right
on the one to use imperious language,
aud imposes no duty on the other TO
surrender his legal rights,
You complain that the remarks in
my former letter impugn your motives.
did no more than state iacts-facts
which you have not attempted to con-
troyert--and then said, /" Is to the
motive Of this movement let others
judge" Ifyour motives have been im-
pugned, it is because the facts thcm-
selves, and not any words of mine, Gre
ate the Impeachment.
Noiling-in your letter has amazed
me more than what you say about my
selecting Tree soilers for Office. No
man can read what was said in your
first communication without seeing that
you called on me to appoint larger
portion Of free soilers, or persons who
bad left the democratic party and fol-
lowed Mr.. Van Buren, ON the slavery
question in 1913, than ! bad before
lone. You spoke Of the party as being
divided into different sections" and
complained that nv appointments had
been generally made from that portion
Of the party to which adhered. You
were not speaking Of the recent diyi-
'ion at Syracuse, for had made no na-
ninatlons after that event happened.
GU were speaking of the different Sec
.lans as they had existed in the past.
on know very well that adhered to
hat portion Of the party which had not.
deserted the national standard in 1913
nd no one can fail to see that you in /
ended | should give larger share Of /.
he Offices to the free soil section aud
Is allies. Aud now You think it w6r-
by OF "animadversion" that have
selected free solers for oilice.x
lou cannot escape under audible.
did not inform YOU, as. You now find
convenient to state, that had :. Sc,
ected free soilers for ofiice"--meaning
'crsons who are now free soilers. On
he contrary, | spoke of appointing
one but 6 sound democrats, sincerely
itached to the principles of the party,
nj firm supporters Of the national al
llnistration." ispoke Of" different sec.
ons" OF the party, justas YOU hat! spok
y OF them; and told you, not that " free
pliers" but that" the free soil sec
on" had got its full share Of the off
Is. Your "anima,lversion'' derives