The daily union., 1856-04-09

OF my experience a member of this body do moi reeo
ct the discussion OF question in the course of which
80 many senators have SO often departed from the grea
landmarks and fundamental principles of our
as IN thai now before came into the Senate ON the
4th o March, 1929 when President Jackson first nau
guraed ahdi at the succeeding session of ls293O III,
great question which agitaed this body was in relation
The Presidents power OF removal was one OF those who
were then called national republicans afterwards denom
mated wings large majority Of the Senate at that time
was composed OF gentlemen then called jackson men, who
some lne after assumed the OF democrats On ouI
sue OF Tue senate some OF Us undertook TO question tue
removing power AT first there somebut very few
who denied the existence of such power was one of those
who eSerea themselves TO the utmost find some mode
OF restraining the exercise OF this power entertained
then ana do yet entertain adherence Of the tyranny
TENDED to the victims of political warfare In speech on
the resolution OF Mr. Foot, In $780, denounced this y-
Tanny and throughout that and succeeding sessions of
Congress labored not only discoun and
demn H. but to restrict the practical application of the
power within the limits of what | then held TO be the
spirit Of the constitution but did not and could not
deny the existence Of the power and | will venture now
to say that BY recurring TO the debates of that day there
cannot be found moro than two instances in which
any senator Nentured to deny the existence Of the power
the President On that OCCASION representing party OF
who held themselves be greatly aggreved by the
hundreds and thousands of removals from Office which the
President made-sensve for the very which hay
been stated to-day by the honorable senator from Georgia
Mr. lyEESoN in relation the character of those who
we're remoVed-we sought for any and every measure
which we thought could be constuonally resored
a means OF redress We proposed, as you will find by
looking TO the journals Of that period resolutions naurng
into The causes oi the removal of persons who had been
elected from office and desired the determination of
that question before the Senate acted on the nominations
which were made by the President,
We discussed the question al length. You will find by
looking back TO the history of that period that Mr. Bar
ton OF Missouri introduced such resolutions the sub
jcc and discussed them with great ability You will find
THAT in every instance when the question moved the
democratic party, then called the jackson party unau-
mousy voted down every resolution denying or calling
Tor the reasons OF executive removals BY referring
debates Of that day you will find that every debater
on aHEa iAa rf sba
utterly The power OF the Senate look behind the nom
nations, and inquire into the of removal Such
rtpeal was not my opinion say again, endeavored at
the tne to Vndicae The opposite position but voted
down. The party with WHICH was associated was al
ways beaten upon that question. We were voted down
at every succeeding session whenever the question
raised throughout the whole of gressional career
and there instance in which was decided
that the Senate Of toe United States had authority limit
OF control the removing power Of the Executive
The result was, that majority of the sovereign
States Of the nion held that doctrine for twenty-five years
more a. last acGuiCsCed in what could not prevent
and was forced to succumb 10 the views OF the majority
All my political friends finally yielded and gave up the
point considering that the voice Of the people of the mi
tel States had sustained opponents on the whole mat
Ter 10 difference between us We finally abandoned not
by any public recautatOn, but by silence resist
ance 10 the removing power, a point Of political
controversy and hence for many years past you have
scarcely hoard word on this topic in the halls Of Con-
gress.
Ever since the days Of General jackson each successive
President has exercised this power OF removal without
IN every instance without control, without record with
out trial aud without giving notice the party accused
has cOnended for years past that person removed
from Office had right 20 demand from the Executive Of
this country the for which he was removed or
night require trial before be removed or the pro-
ducon Of record 10 show the grounds for his reno
val that notice should be given him. and that be should
be beard anywhere in regard 10 the removal. We had
10 vain denounced the tyranny Of the proscriptye pol
icy and We yielded, however reluctantly 10 the popular
will
Then sir having known this to be the settled doctrine OF
the Senate and Of the country for quarter Of century m
least have been amazed during the progress Of this dis
cusSion throughout the whole session. ind some OF the
distinguished senators in this body complaining that
the constitution has been violated because officers Ia the
naval service have been removed without trial without
being nothed Of the OF the accusation
against them and that there has been 10 record kept Of
the testimony against them IL appears to me that there
is settled conviction in the minds Of honorable gen
here that the members OF the naval profession are
ontited TO trial TO notice TO hearing, to record, al
though President Jackson struck from the rolls the navy
the Of Lieut. Hunter, and all bis associates 10 duel
without any Of these, and also without any presnsiOn
that day that be had power 10 do H. This a strange
doctrine especially when announced from the dumocrntc
side OF the senate II would be novel doctrine TO the men
Of that party who 10 the Senate from $50 the pres
period During this interval has pretended that
such doctrine could be sustained a vote here But
suddenly told that naval officers have the
rights long denied 10 them and all othes-that the
oyal o them by the President tho Ad vice Of the naval
board without giving them notice o! the and nature
Of the accusation against them, and admitting them 10
n
repugnan The principles Of civil liberty contrary 60 the
constitution and to all old notions Of judicial fair
aud integrity We have heard to-day the thunder Of
the e0gueuos Of the from Georgia reminding me
strongly and strangely Of the tones which beard The
wbg side Of the House in the year $780, when the wings
complained Of tbe ouTagc a. they asserted them to be-
p5rpctrated by President Jackson their friends In
moving thousands Of them from oce without trial and
without knowledge Of the grounds which they
cused IL sounds strangely say, sir TO me coming II
now does from the other side Of bo chamber where the
opposite doctuRe has always hitherto been maintained
kOw, slr, Il 10 that these notions which have
crcpt into the Senate In regard notice and record and
which claim FOR officers Of the navy exemption from The
rule that prevails In regard 10 oil other officers Judi
ca founded entirely idea Of the char
aud nature OF navy and army. SO Ear fgom
val military officer being entitled 10 exemption from
this rule that the principle which has been applied
ty the Presidents Of the country the adoption Of The
Constitution 1889 TO the present day, in regard 70
m0yas from Office applies 70 these with tentold
force We told that the removals q naval officers
der the operation Of this law contrary to the princ-
pies Of republican liberty and the legislature Of Virginia
has yentured in substance, 10 affirm this Sir, what
have the principles Of republican Liberty TO do with
the government and organization OF an army or navy
How are you 70 control navy or an Grmy-to gov
crews and solders-upon your principles OF repub-
lican liberty The government Of navy, 10 a great
extent must necessarily be military despotsm, where
supreme power is vested In the commander, and alb.
solute Submission required from the men and infe-
ror officers The moment this state Of things ceases
70 exist on board ship the and commander are worth
less they cannot fight with effect in defence of the
ry. 1t results necessarily from The very nature Of this
military power that the commander must have absolute
control Of those wbU under him and they must submit
10 bis orders BY, sir from all that we have heard In
the OF this debate may expect after while that
honorable gentlemen viii claiu n behalf Of naval officers