Year: 1867

case. The act of Congress declares,
in substance, that he shall. only ac-
cuse such as he s1pposes to be un-
worthy Of their trust. The Constitu-
ton makes him the sole Judge In the
premises. but the statute takes away
his jurisdiction, tranfers it to the Sen
| ate, and leaves him nothing but the
odious and sometimes impractioable
duty of becoming prosecutor The
| prosecution is to be conducted before
tribunal whose members are not,
like him, responsible to the whole
people, but TO separate. constituent
bodies, and who may hear his accu-
satiOn with great disfavor- The Sen
ate is absolutely without any known
standard of decision applicable to
such case. Its judgment cannot be
| anticipated. for it is not governed by
any rule. The law does not define
what shall be deemed good cause for
removal. 1t is impossible even to
conjecture what may or may not be so
considered by the Senate. The ma
ture of the subject forbids clear
proof. II the charge be inca
pacity. what evidence will support
| it? Fidelity to the Constitution
may be understood or misundersto cd
in thousand different ways, and by
violent party men in violent party
times, unfaithfulness to the CoRstitu-
ton may even come to be considered
meritorious. If an officer be accused
of dishonesty, ,hew shall it be made
out? VIII it be inferred from acts
uRconnected with public duty, from
| private history, or from general repu-
tation, or must the President await
the commission of an actual misde-
meaaor in Office? Shall he in the
GmeaBtime risk the character and in
| terest of the nation In the hands of
men to whom he cannot give his con-
fideRce? Must he forbear his com
| plant until the mischief is done, and
cannot be prevented? Ifhis zeal in the
public service SHOULD compel him to an
ticipate an overt act, must he move at
the peril of being tried himself for
the Offense of slandering his subordi-
nate? In the present circumstances
of the country, come Que must be
held responsible for official delinquen-
cy Of every kind. 1t is extremely
difficult to say where that responsible
ity should be thrown if it be not left
where it has been placed by the Con-
stitUtien. But all just men viii ad-
nit that the President ought to be
entirely relieved from such RESPONSE
bility if he cannot meet it by
reason of restrictions placed By law
upon his actions. Unrestricted pow
4 er of removal from office is very
\ great one to be trusted even to a
magistrate chosen by general suf-
frage of the whole people, and
unaccountable directly to them for
his acts 1t is undoubtedly liable 70
abuse, and at some periods of cur
history, perhaps, has been abused.


fit be thought desirable and con-
stitutioRal that it should be so limit
ed as to make the President merely a
common informer against other pub
lie agents, he should, at least, be per-
mitted to act In that capacity before
some open tribunal. independent Of
party politics, ready to investigate the
merits of every case furnished, with
the means of taking the evidence, and
! bound to decide according to an
establis he'd rule. This would guar
antee the safety of the accuser, when
he acts in good faith, and at the same
time secure the rights of the other
party. | speak, Of conrse, with all
due respect for the present Senate
but it does not seem to me that any
legislative body can be so Constructed
as to insure its fitness for these func


tions.


4 1t is the theory of the Government
that public offices are the property of
those who hold them. They are given
I merely as trust for the public bene-
fit. sometimes for a fixed period,
sometimes during good behavior, but
generally they are liable to be termi-
mated at the pleasure of the appoint
ing power, which represents collective
will and speaks for the people. Forced
retention IN Office of a-siBgie dishon-
est person may work great injury to
public interests. Danger to public
service comes not from power TO re-
move. but from power to appoint.
Therefore it was that the trainers of
the Constitution left the power of re-
mOvai unrestricted, while they gave
the Senate the right to reject all ap-
pointments, which, in its opinion.
were not fit to be made.


A little reflection on the subject
will probably satisfy all, who have
the good Of the country at heart, that
our best course is to take the Consti-
tuition for our guide, walk in the path
marked out by the founders of the
Republic, and obey the rules made
sacred by the observance of our great
predecessors.


THE FINANCES.


The .present condition Of our
finances and circulating medium is
one to which your early consideration