Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-07
THE EXECUTIVE POWER OF RI

toh upoh tic duoptioh "a Iidi luslIu~
ment; and to the uniform practice Of the
government to the present time. The
singh crime for which the President is
arraigned is simply the assertion of these
facts, and an endeayor in the only proper
and practicable way TO have them so de.
clared by the judicial department Of the
government
A communication in the New York
World Of the 81, over initials which lead
US to suppose it is from the distinguished
author Of the "History of the Constitu-
tion," Geo. Ticknor Curtis, Esq, of New
York, discusses the subject at length and
with great ability. We have not space
for the whole argument but the following
portion enbodying an extract from a
speech of Fisher Ames, which is almost
prophetic, is pertinent;
1t has sometimes been asked why the
trainers of the Constitution should have re-
quired the assent of the Senate to appoint
ments, and have left the power of removal
without express provision, il they did not
suppose the assent of the Senate would be
regarded az an equally necessary part of
the power of removal. | think the an
swer to this inquiry may be found in what
was foretold by Fisher Ames, in 1889, and
in What We have seen come TO pass in cur
own time:
1t is said that the Constitution has
blended these powers which We advise to
keep separate, and therefore we ought to
follow ia completing similar regulations.
But gentlemen ought to recollec! that that
has been an objection against the Constitu-
ton; andif tits well founded one, we ought
TO endeavor by all that is in our power to
restrain the evil rather than to increase it.
But, perhaps, withthe sole power ofremoval
in the President, the check of the Senate in
appointments may have a salutary ten
dency. In removing from office, their adj
vice and consent is liable TO all the objec-
tions which have been stated. 1t is very
proper to guard the introduction of a man
into office by every check that can properly
be applied but after he is appointed, there
can be no use in exercising a Judgment
upon events which have heretofore taken
place. If the Senate are to possess the
power Of removal, they will be enabled to
hold the person in Office, let the circum-
stances be what they may that point out
the necessity or propriety of his removal.
1t creates permanent connection it will
nurse faction; it will promote intrigue to
obtain protectors, and to shelter tools. Sir,
it is infusing poison into the Constitution
il is an impure and unchaste connection /;
there is ruin in it; it is tempting the
Senate with forbidden fruit; it ought not
to be possible for branch of the Legis-
lature even to hope for share of the ex-
ecutive power; for they may be tempted
to increase it by a hope to share the exer-
else of it. People are seldom Jealous of
their own power; and if the Senate be-
come part OF the Executive, they will be
very improper persons to watch that de-
partment; SO far from being champions for
liberty, they will become conspirators
against it.
The Executive Department should ever
be independent, and sufficiently energetic
to defeat the attempts of either branch Of
the Legislature to psurp its prerogative
But the proposed control of the Senate is
setting that body above the President; it
tends to establish an aristocracy. And at
the moment We are endangering the prin-
ciples Of our free and excellent c0nstitu-
ton, gentlemen are undertaking to amuse
the people with sound of liberty. If
their ideas should succeed, a principle of
mortality will be infused into a govern
ment which the lovers of mankind have
wished might last TO the end of the world.
With a mixture of the executive and le-
gislative powers in one body, no govern
ment can remain long uncorrupt With
a corrupt Executive, liberty may long re-
tain trembling existence. With a cor
rupt Legislature, it is impossible; the
vitals of the constitution would be morti-
fed, and death must follow on every step.
A government thus formed wonld be the
most formidable curse that could befalI
this country. Perhaps an enlightened peo-
pie might timely foresee and correct the
error; but if q season were allowed for
such compound 20 grow and produce its
natural fruit, il would either Danish lib
erty, or the people would be driven to ex-
ercise their unalienable right, the right of
unciyilized nature, and destroy a monster
whose voracious and capacioGs Jaws would
crush and swallow up themselves and their
posterity."
Have we not seen ali this prophecy full
filled, excepting only that which predicted
the destruction of the monster by angry
and outraged people Certainly we see
the Senate this day holding a person in Of
fee against the strongest circumstances of
uaqnouifu anH 10 i l.
priVe him of il certainly we see a
permanent connection established between
the Senate and executive officers; certainly
we see faction nursed into a portentous ac-
tiVity certainly we see the intrigues that
obtain protectors and that shelter tools
we see the whole executive pre-
rogative encompsssed, controlled, alb
sorbed and swallowed up by power which
forbids the President to dismiss even a
tide-Waiter without the consent of the
Senate, although he may be robbing the ex-
chequer every hour in the day. The
wise and far-seeiDg statesman who warned
his countrymen against this corrupt union
Of the legislative and executive powers
was 'Federalist.' In his own day men
would have said that he was actuated by
love Of monarchy in his zeal to preserve
The prerogatives Of the President. "The
Of time brings about its reveuges."
Mr.. Ames is vindicated By what is before
BUR eyes. And Madison is vindicated. He
100, told us in advance that "if the Presi-
lent cannot exert his prerogatiye, there is
10 security even by the mode of impeach- |
nent; because the officer may intrench |
himself behind the authority of the Senate |
md bid defiance TO every other department |
# the government"
The great debate of 1889, in which these |
we're uttered, resulted in a decla- |
atiou by Congress that the power of re- |
noval rightfully belongs 10 the President, |
1nder the Constitution. There il has al |
Ways been left, until the passage of the |
enure Of Office act of March 9. 1867.
TIE NEGRO AND The Poll TAX.
ii seems that the collecting officers Of |
dcMinn, under direction of the County |
Jourt, have been demanding and receiving |
poll tax from their black brethren. On |
asst Monday the attention of the Quorum
)ourt was called to the subject by J. NJ.
Esq, Of this place. The court,
re understand. after due deliberation |
rdered that further collections be sus-
ended until the meeting Of the Quarterly
)ourt, when Il is promised, that steps will
e taken 10 "circnmfund" what has already
cen distracted from the poor negro" con