The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-02-15

| the reverse of what they meant Mr.Elliot's |
| volumes are ordinarily regardedaas good au-
thority; but no man can be permitted to re-
port Mr. Madison as utterly at war with him.
self and no one who was at all anxious to
ascertain his opinions on this: question could
have accepted the paragraph first quoted. as
correct. That says "they can remove
| who? The house of representatives? It's
OF that body he is represented as speaking.
| Mr.. Madison was incapable of any spch alb
/ surdity. In nothing that he has ever written
or spoken can he be Justly quoted as advo-
eating the doctrine of the suspension OF the
| President.
| We propose examining more fully into his
| record, as made in the Federal convention,
| in order, to show how utterly unfounded is
this allegation. That convention was organ
lied on FRIDAY, the 18th day of May, lTST.
On the following Tuesday Governor Ran
dolph, of Virginia. made an elaborate speech
exposing the evils of the confederation, and
submitted supdry propositions, the discussion
of which engaged the convention for weeks.
The seventh related to the executive OF the
proposed national government. That propo
sition was debated on the LIST and I'd of
june, and the suggestion made by Mr.. Dick
inson to make ''the executive removable by
the national legislature on the request of a
majority of the individual states" was re-
ieeted, every state except Delaware repudi-
ating it, and Madison himself speaking
against it. On the 18th of July, (pages 325
and 1861 when speaking on the proposition
| to make the President hold during good be-
havior he reports him as saying:
If il be essential to the preservation of liberty
that the Legislative execute and Judicial powers
be separate, it is essential to maintenance OF the
| separation that they should be independent of
each other. The executive could not be indepen-
ant of the legislature and dependent on the plea
sure of that branch for a reappointment. Why
was it determined that the judges should not hold
their places By such tenure Because they
t might be tempted to cultivate the Legislature by
an undue eomplaisance, and thus render the legis-
lature the virtual expositor as well the maker
5 of the laws.
e Again on, page 327, he says:
Mr.. Madison not apprehensive of being
| thought to favor any step towards monarchy
| The zeal object with him was to prevent its in
< PRODUCTION. Experience had proven tendency
in government to ttro,c all potoer snfo me teg-
is{atire rorter. The executives OF the states are
in general little more than ciphers the legsla-
f lures are omnipotent. If no effectual check be
| desired for restraining the instability and en-
/ | croachments of the later, a revolution of some
5 kind or other would be inevitable.
D Two days thereafter, he used the following
< language:
e If it be fundamental principle of free govern
ment that the legislative, executive, and Judiciary
powers should be separately exercised, it is equal
" that they be independently exercised. There
A is the same and perhaps greater reason, why the
executive should be independent of the Legislature
| than why the Judiciary should. A coalition Of
=, the two former powers would be more immediate
. PLY and certainly dangerous to pubic liberty. Ii
| han haf he troaD nf tha
o ecutive should either be drawn from some source
or held by some tenure that will give him free
agency with regard to the legislature.
e How absurd to talk of such a tenure il
n the legislature can suspend the executive al
, | will?
On the goth of July he argued in favor O
the necessity of impea chment in case OF the
< incapacity, negligence, or perhdy ofthe chic
l. magistrate" but he limited at no such anoma
Y II as suspension. Five days afterwards
:. when opposing the idea Of electing the Pres
ident BY the Legislature, he said that such
e election would agitate and divide the legis
n lature much that the public interests would
+. materially suffer by it. But if this was
true against an election, how much more for
chile against the right of suspension!
On the Sth of September the clause refer
ring to the impeachment. which said He
shall be removed from his Office on impeach
IS ment by the house of representatives and
t conviction BY the senate for treason or bri
d berry," was taken up, and the following is the
/ report on page 52S:
l. Col. Mason. Why is the provision restrained
: to treason and bribery only Treason, as defined
Il in the constitution, will not reach many great and
: dangerous offences Hastings is not guilty OF
| treason. Attempts to. subvert the constitution
| may not be treason as above defined. As bills o.
attainder, which have saved the British constitu.
ton, forbidden, it is the more necessary to
r tend the power of inpeachments.
HE msSea &. "a NJ Ter tSrry seconded him
Mr., Madison-So vague term will be equiva
lent to a tenure during the pleasure of the sen
Il | ate.
= Gouveneur Morris-It will not be put in force
I and can do no harm. An election every fou
| wears viii prevent maladministratiOn.
- Cob Mason withdrew Observation-Disclosures" anC
: substituted ''other high crimes and misdemeanor
" | against the state.
On the question thus altered, New Hampshire
a | Massachusetts, Connecticut, MARYLAND, Virginia
t North Carolina, South Carolina, Gin the printed
n journal South Carolina no. Georgia-ayes
Il New Jersey, Pennsylvania, Delaware-noes ,.
= Mr. Madison objected 10 a trial of the Presden
), by the senate, especially he was 10 he mpeach
ed by the other branch OF the Legislature and fo
n an act which might be called misdemeanor.-
The President. under these circumstances, mad
n improperly dependent. He would prefer the su
preme Tor the trial of inpeachnents, rath
s er tribunal (which that should form part.
IS On pages SAL, 542, is the record which W.
= quote at the beginning of this article, whei
the proposition to suspend on an impeach
n ment until trial and acquittal was voted
it down, after Mr.. Madison made speech
% against it. Now, when it is remembered
that the fundamental proposition that thu
= government should consist Of three indepen
1t dent departments was one which he incess
~ antly insisted upon, not only during the con
lie vention which framed the constitution. bu
n all his life long, II is absurd to suppose tina
y he ever allowed himself to advocate the RICH
+ of suspension by congress of the chief magis
,e trate, for that doctrine makes the executive
d. dependent on a party ma ority in the tw,
D houses A majority in the house may i'm
peach, and a majority in the senate ma
r postpone action from day to day, and thu
er perpetuate the suspension made by the i'm
Ell parchment.
h We have contented ourself with refutin.
n this aspersion on the consistency and fai
" dealing of Mr.. Madison, from his record. a
n penned by himself, of the debates of the con
We vention which adopted the constitution
e. But he was prominent actor in our earl,
ID history. He was in constant communication
n with the public men of his own and of a la
- ter day. His writings fill volumes. Ye
ID neither in speech, letter, message. nor essa,
in can any other phrase be found which makes
n him couutenance even so rank n beraev n,