The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1853-11-09
New York, Oct 81.

SIN IF you had been content, in
your letter Of the 22d instant, with an
nouncing my removal from office, it
would have been the end Of our cores
pondcncc on the subject. But as you
have attempted to assign reasons for
the proceeding, | lave something to say
in reply
You deny tie right Of the Collector
TO act without instructions from your
department, in any case. The doctrine
is entirely new for in much the larger
part of the business Of the Custom
House, the Collector is guided by the
revenue laws,and has always acted with
out instructions from the Secretary of
the Treasury 1t is only in special
cases, whore the law is of doubtful con
struction, or the duties of the Collector
have rot been prescribed by law, aud
where the Secretary has a dispensing
power, that he has been authorized to
issue instructions to Collectors And
none OF these cases iuterfcrcs with
the appointment of officers Of the Gus
toms. On that head, the rights and
duties Of Secretary and Collector have
been prescribed by Congress. and nei-
Their can control the other when acting
in bis appropriate sphere.
If. as you appear to suppose, the Col
lector can do nothing without instruc-
tons from your department, the business
which is now transacted in the Custom
House in a sihgle hour, could not be ac-
complishcd in . month You have ev-
identity set too high an estimate upon
the extent Of your powers.
The reason which you have assigned
for this sweeping claim of authority, is
as extraordinary as the claim itself.
Your words are, where the department
Is not expressly empowered to give in
structions to subordinates, it has the
authority TO do so, as inherent in the
power TO remove a refractory officer
Now, as | read the constitution. the Sc.
cretary Of the Treasury has no power to
remove Collector, however refractory
he may be. The power of removal. Il:
well a. appointment, is vested in the
President. You will do well therefore
to look for some better reason than the
one you have assigned, for an unlimited
authority over collectors in the selection
of their agents
You think it singular that a gentle
man Of my legal requirements and cxpe
rlencc should fall into the error of assn
ming that the Collector appoints the va
rlous persons employed in the Custom
House--some with the approval Of tho
Secretary, and some on the sole author
ity Of the Collector. Singular as thi
may appear to you, it is the course whicl
has muormly been pursued since tn,
foundation OF the government Weigh
e's, moasurers, gaugers and Inspector
have been appointed by the Collector a
lone 1t has not only been SO Under al
former Secretaries of tho Treasury. Blu
under your own time All my clerls
porters- cartmen, bargemen, laborers, AN.
others, have been appointed without con
sultin9 you in any form aud you never
ntlmated doubt about the proprety o
this course until you deemed it expedi
ent to interfere in the local politics o
New York.
! You speak Of "ahwarrantable assump
ton" aud manifest spirit of insubor
dlnation on my part, as ground 70
the removal But you have been who'll,
unable to show that assumed anythin,
beyond my just rights, or that / was un
willing to act in obedience to your in
structions, in all cases where the law ha,
given you authority to direct Yo,
must allow me to add, that subordina
ton in Office does not necessarily prov,
inieriority aud between gentlemen, tn,
relation Of superior and subordinate con
fers no right on the Que TO use imperou,