The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-12-12

as personalities practically hostile
10 The President, i Is natural ana
not altogether unreasonable, Tor
an officer 10 expoct that Il wlll
take his part aa tar as possiDls, 70.
store him 70 his place. ana rive
hi'n a triumph over his exsceslyo
superior.
The oiIiocr'bas other chances of
iinpunity arisihg from aceldcntul
dcIeets Of evidence, the mode of
insestigatingit, aud tho socrssyof
hcarlngit. l.is not wonderfal thar
oiiicisi nalieasanee should becomo
bold iD proportion as dolinqnents
learn TO think themselves safe.
l am entirely persuaded that
under such q rule, tho President,
cannot perform the great duty
assigned 10 him Of seeing the laws
faithfully executed, aud that H.
disablcs him most especially from
enforcing that rigid accountability
which is necessary TO a due exc,
cution Of the rev snue laws.
The Constitution invests the
Presidentwith authority 10 decide
whether a removal shall be nade in,
any given case. The act Of Con-
gress declares, in substance that 70
shall only accuse such as he snp-
poses to, be unworthy OF their
trust The Constitution makes
him that judge in the premises;
bat the statute takes away bis iu-
risdiction. transfers it to the Sen.
ase, and leaves him nothing but
! the odious and sometimes imprEc-
ticable duty OF becoming o prose.
cutor. The prosecution too, is to be
conducted before a tribunal whose
members are not, like him, respon-.
sible to the whole people, but 10
separate constituent bodies, and
who may hear his accusation with
great disfavor.
The Senate is absolutely without
any known standard of decision
applicable TO such q case. It's
Judgment canrot be anticipated,
for il is not governed by any rule.
The law does not define what
shall be deemed good cause for ro-
moyal. 1t is impossible even 10
conjecture what may or may not
be considered by the Senate. The
nature Of the subject foIbids clear
proof. If the charge be incapacl-
ty, What evidence will support II?
Fidelity TO the Consultation may
be understood or misunderstood
in thousand different ways; and
by violent party men in violent
party times. unfaithfulness to the
Constitution may even come 10 be
considered meritorious.
Ifan officer be accused Of dis
honesty, how shall it be made out?
viii it beinfer-ed from acts uncon-
nected with public duty-from
private history, or from general
reputation, or must the President
await the commission of an actual
misdemeanor in Office? Shall he
n the mean time risk the chafac-
ter and interest of the nation in
The hands of men to whom he cam
net give his confidence ? Must he
forbear his complaint until the
mischief is done and cannot be
prevented? If his zeal in the
public service should compel bim
TO anticipate the overt act, must
he move at the peril of being tried
himself for the offonse OF SANDER
ing his subordinatcs? s.s"
In the present circumstances of
the country, some one must be held
responsible for official delinquency
of every kind. 1t is extremely diff
quito say whore that responsibility
should be thrown, If it be not left
where it has been placed by the
Constitution. But all just men viii
admit that the President ought TO
be entirely relieved from such re-
sponsibility, ifhe can not meet it
by reason OF restrictions placed by
law upon his actions.
r. Unrestricted power of removal
from Office is very great one to
be trusted even to q magistrate
chosen by the general suffrage OF
the whole people, and accountable
directly To them for his acts. 1t is
undoubtedly liable to abuse, and at
some periods Of oar history, per-
haps, has been abused.
| If it be thought desirable and
constitutional that it should be so
limited as to make the President
merely q common informer against
other public agents, he should at
least be permitted 10 act in that
capacity before some open tribu-
nal, independent OF party politics,
ready to investigate tho merits Of
every case, furnished with means
of taking evidence, and bound to
decide according to an established
rule. This would guarantee the
safety of the accuser when he acts
in good faith, and at the same time
secure the rights of other parties.
l speak, of course, with all prop
or respect for the present Senate,
but it does not seem 10 me that any
legislative body can beso construct
ed as to insure lis fitness for these
functions.
1t is not the theory of this Gov
ernmeut that public offices are the
property of those who hold them.
they are given merely as o trust,
for tho public benefit, sometimes
during good behavior; but gener-
ally they are liable to be termina-
ted at the pleasure of the appoint
ing power, which represents col
leotively, and speaks for, the peU-
pie.