The daily union., 1856-04-09

eoa Oin Delaware Tor have great respect for his opin
IONS and Investigations lie assumes what suppose is
now the practice that the President has the right dis
miss any civil officer al his will and pleasure because
he nay dislike him, or be politically opposed TO him Will
my friend also assume the broad ground that the President
AZ ms mere pleasure has right 10 dismiss military
naval commander however eminent be may be- because
may nave personal dislike towards him, may be OPP
posed to him IN politics
i Mr. CLAYTON ! will answer my friend With great
pleasure have had the question proposed to
before The question ia has the President lie right 10 re-
move any naval oihcer At bis pleasure2 answer that
The commission OF every officer naval military or civil
bears on lis face the true tenure Of bis Office He is
4 oy the terms OF IL to hold the commission during
the pleasure Of the President unless he be judicial o
cer That answers the question Of my friend from South
carolina II he means 10 inquire OF whether think
right IN y0To eoaSct0 for the President Of the United
States TO remove ocer Of the army navy arbitrar-
without reference TO the public interest which alone
should control him 10 all removals. tell him. US have
always told Others, that removals made are gross
abuses OF executive power But when the President re-
moves now you inquire into the grounds OF his
uonI You cannot reach him. The effort made in
the Senate again and again. than quarter of
tury 10 ascertain the for executive removals
and II always failed No President has permitted any
Senate and no President venture to say ever will per
mt any Senate TO take him TO task the grounds on
which he has made his removals The result OF all such
experiments Is that the President has the power and is
responsible only to God and the country for its exer
else
1t true that Mr. Madison 1882 said that for the re-
moval OF meritorous officer without sufficient cause he
lhough the President might be impeached That the
expression OF opinion OF distinguished man. cannot
say that have confidence in Impeachment a remedy
or abuses OF executive power do not believe that from
this moment until the end Of the republic any House of
Representatives will prefer articles of parchment
against President OF the United States for removing any
man from office Nor can IT in the nature of things
cordng to the mode in which the Senate organized
happen, the House should present such impeachment
that the Senate would convict the President
him from his office No sir the Senate like ali other
Legislative bodies is political body II has partisan pref
erences and will always have them There will always be
IN tins body in favor OF any President who may
any mani not whonl-nore than one-third of the
Senate and that is enough him from conviction on
Impeachment look therefore on the idea of an i'm
peachment as entirely impractcabe recur, then my
hrst position, and reafhnn it, that the President for
moving any officer is substantially responsible only TO God
and his country. His country may refuse re-eect him
TO ohce and there Is no other human tribunal that
reach him.
Now sir desire every carefully inquire is
true as you have heard here from day day from the
lips OF most eloquent gentlemen that by the removal of
these naval officers the President has violated the prnc
pies OF the constitution because they notified OF
the accusation against them, because they bad trial
or because record of the evidence and the finding against
them was not kept2 / put 1t to you senators, men
searching for truth upon great OCCASION when il is i'm
portaut and vastly important for your country that you
should arrive at correct result do you in your
sciences believe that according to the custom and usage
OF this government according its principles under
stood from its origin by its leading statesmen, officer
civil or military but not judicial is entitled bearing
Is entitled 10 be notified of accusation against him. Is
entitled 10 have record of the evidence aud finding kept
SIR your President has not gone one inch beyond the
his psTtsan- You all know that not one of those
who aided in eleotng him. stand here as bis parti-
his advocate for the sake of party politics
gain him votes but man OF truth, Of the
United States anxious that the Senate should reach right
result this question say you that there is nothing
in his course in reference to this subject which Ia not jus
habe and deiensib according 10 the usage Of his prede
cessors.
Unless you can establish some ground on which you can
found distinction between civil and military officers all
the hnespun eloquenoe which have heard about the
principles OF civil liberty in the Of these naval off,
GERS Is entirely misapplied VIII any contend that
the officers Of the navy privileged clAss-prvileged
to hold their Offices prnc different from those which
regulate the enures Of other oses Of the government
II you maintain that will you show the treatise
constitutional law which you rely authority for
that oPinonS Point TO the passage in the constitution
which will sustain you In IL The moment you attempt
10 maintain before the people Of this country that the
navy presents privileged class Of oceholders, having
virtually for life and property their Offices you
will find that your navy instead Of being il always has
been object Of warm and aectonae regard among the
people will become the object Of their and abborence
Yet this the very result which doctrines this subject
daily advanced here tending IL has been assumed
n this discussion as point not to bo debated that the
great principles OF civil liberty rampled under foot
by the removal OF naval officer without notifying him Of
the Of accusation against him without summoning
witnesses when he desired them in his defence and with
out giving him trial and keeping record Of the evidence
against him. No such doctrine be and II
II could be- II would be fatal haye already said TO the
very existence Of the navy The people Of the United States
will sustain such privileged class.
But let not be misunderstood this subject Of
movals. Were the question OF the first mprss-
sion II open TO debate again held IL 10 be In
1890; 10 SETTLE Congress did in l759 the
principles Of this government in this regard, should
struggle again. did in the days Of President Jackson
restrict this tremendous power in the Executive bot
TO abolish It. The question Is not what construction
Of the constitution ought 10 have been adopted by those
who have gone before but what is the construction
which by perhaps hundred thousand preceden has been
established aud sta ed forever the form Of govern
msnt, and which now man hopes TO in civil
cases which indeed could not be reversed without des
~
Try, and perhaps ending in revolution?
Mr. President one Of those who voted for the Law
10 promote the efficiency Of the navy acted thought
understandngly in voting for IT. and have
day since gave that when regretted having given
IT, Ii a given by high considerations Of
State policy bad heard for twenty years complaints Of
ncompeteney neciency among the officers Of the navy
Above all other hinEs the charge Of iusmperance gross
intemperance, alleged against portion Of them
heard these charges often that supposed last there
did not exist in tho republic who would venture 10
deny them that each and every succeeding Seere
sry Of the Navy proclaimed the necessity Of REFORM either
directly indirectly during the last twenty years Every
head Of the Navy Department for many years past told
it Indispensable that there should be retired list
adopted the opinion Of other men was OF this opinion
when the Secretary Of the Navy, during the administration
Of President Taylor presented the question for decision be-
fore the members Of his cabinet and that cabinet agreed
with other cabinets that such retired list should be pro-
yided think cannot be mistaken when that this
opinion which proclaim 70 have been the opinion Of
other Secretaries Of the Navy, that Of my distinguish
cd friend from North Carolina Mr. Badger when be pre-
sided the Navy Department. and who glad 10
this day Ia the chamber among X the opinion Of
every Secretary Of the Navy for the last twenty year
With these views with these high authorities TO sus-
tain with thiz general testimony pupport