Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1867-12-12
h 81 d ;stroysd official accoun. a bi i.y.

m1,l d sstroysd official accoun. abi.isy. The
silent may be thoroughly convinced that
o-neer Is incapable, dishonest, Or unfa til ul
he Constitution but, under The law which
We named, the utmost he can do is 20 COM
pain TO the Senate, an ask the privilege CT
Supplying his place Win better man. If the
Senate be regarded as personally or politically
opposedto the P,es.d IN, lis natural, and not
together unreasonable, for the officer to ex-
lect that it will take his part as far as possible,
s'cstore him to his place, and give him tri
s.nph over his Executive superior. The officer
hrs other changes OF impunity arising from
accl,tental defects of evidence, the mode of
Investigating it, and the secrecy OF the hear
ing. 1t is not wonderful that official malfea-
ace shoald become bold IN proportion as the
"a lnquents learn to think themselves safe.
III. entirely persuaded tha- under such rule
Lie Pryside.t cannot perform the great duty
assigned to him of seeing the laws faithfully
Executed. and that it disabes him most espe-
ally from enforcing that rigid accountability
which is necessary to the due execution Of the
revenue lave.
The Constitution invests the President with
atathority to decide whether a removal should
'sc made ia any given case; the act of Con-
Sress declares, la SUBSTANCE, that he shall only
rfccuse such as he supposes to be unworthy
of their trust The Constitution makes him
sole Judge in the premises but the statute
skes away his jurisdiction, transfers it to
and leaves him nothing but thu odious
and some times impracticable duty OF becoming
ii prosecutor. The prosecution is to be CON
.aeted before tribunal whose members are
rot, like him, responsible to the whole people,
s.ut to separate constituent bodies, and who
an.y hear his accusation with great disfavor
tGae Senate is absolutely without any known
standard Of decision applicable to such case
. judgement cannot be anticipated, for it is
siot governed by any rule. The law docs not
t line What shall be deemed good cause for
rvaloyal. 1t is impossible even 10 conjecture
what may or may not be SO considered by the
Nenate The Senate. The nature of the subject
sbds clear proof. If the charge be incapac-
~, what evidence will support il? Fidelity
~ the Constitution may be understood or mis-
understood in a thousand different ways, and
!. ) violent party men. in violent party times,
A,!ufaiihfulness TO the Constitution may even
to be considered aeritorous. Ii the off
ger be accused Of dishonesty how shall it be
%5aade cut? Will it be inferred frem acts I'M
connected with public duty, from private his
'rry, or from general reputation? Or must
tic President await the commission of an actu-
ri misdemeanor in office? Shall he, in the
meantime, risk the character and interest of
Ike nation in the hands OF men to whom he
cannot give his conf .ence? Must he forbear
his complaint until the mischief is done and
cannot be prevented If his zeal in the pub.
&c should impel him to anticipate the overt
ct, must he move az the peril Of being tried
5imself for the offence Of sland9ring his sub
ord nate? In the present circum stances ofthe
country, some one must be held responsible for
official delinquency of every kind. 1t is ex
tremely difficult to say where that responsible
j'y should be thrown, if it be not left where it
Las been placed by the Constitution But AL
inst men will admit that the President ought
10 be entirely relieved from sach responsibility
ii he cannot meet it 10y reason OF restrictions
placed by law upon his action.
The unrestricted power Of removal from
iIice is very great one to be trusted even to
magistrate chosen ly the general suffrage
Of the whole people, and accountable drce
10 hem for his acts. 1t is undoubtedly liable
10 abase and at some periods Of our history,
perhaps, has been abused. L. i; be thought
desirable and constitutional that it should be
30 limited as to make the President merely
common infnrmer against other public agents
il should at least De permitted to act In that
p;city before some open tribunal, independ
a II OF party politics, ready 10 invest gale the
saeriis OF every case. furnished w b he mean.
Al tax ng evidence, ANA bound 10 decide az
4:oreiiag TO established rules. This would
guarantee the safety OF the accuser when be
els in good faith and al he same time secure
&he rights OF The other party. | speak, n
coarse, with all proper respect for the present
Senate, but IL does not seem 10 ne that any
sisla'ive body can b. SO constituted as 10 in
sare its fitness for these functions.
1t is not the theory o this Government that
H'iblic Offices are the property oi those who
Aold them. They are given merely as a trus
Tor The public benefit, sometimes lol q fixed
period. som tnies during good behavior. BIZ
generally they are liable to be terminated at
a.'e pleasure of the appointing power, which
e-r2reseats the collective majesty and speaks
: e will ofha people. The forced ret eni ion in
s-'fice Of a single dishonest person may work
x, at iujDry to the public interests The dam
ger to the public service comes not from The
sowcr to remove. but from he power to APP
point. Therefore it was hat the trainers OF
ise Constitution left the power of removal
restricted, while they gave the Senate
+'g;it 10 reject all appoint menfs which, in it's
-tpinon moi tit 10 be madc. A little
5 Fiction on this subject will probably satisfy
| who have the good of the country at hearf,
hi our be course is to take the Constitution
+ orr gu de, walk in he IetA marked out by
re founders OF the Republic, ard obey the
shses made sacred by the observance o. Our
great predecessors.
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