Year: 1867

cur in which the Executive would be
compelled to stand on its rights, and
maintain them, regardless of all con-
sequences. IF Congress should pass an
act which is not only in palpable conflict
with the Constitution, but will certainly, if
carried out, produce immediate and dirrepara-
BILE injury to the organic structure of the
| Government, and if there be neither judicial


remedy for the wrongs it inficts, nor power


in the people to protect themselves without
the official aid Of their elected defender; if,
for instance, the Legislative Department
should pass an act even through all the forms
OF law to abolish coordinate department of
the Government-in such case the Presi-
dent must take the high responsibilities of
his office, and save the life of the nation at
all hazards. The so-called reconstruction
acts, though as plainly unconstitut ional as
any that can be imagined, were not believed
to be within the class last mentioned. The
people were not wholly disarmed of the pow
er of self-defence. In all the Northern States
they still held in their hands the sacred right
of the ballot, and it was safe to believe that
in due time they would come to the rescue
of their own institutions. 1t gives me pleas


ure to add that the appeal to our common
constituents was not taken in vain, and that
my confidence in their wisdom and virtue
seems not to have been misplaced


1t is well and publicly known that enormous
frauds have been perpetrated the Treasury,
and that colossal fortunes have been made at the
public expense. This species of corruption has
increased, is increasing, and if not diminished
will soon bring us into total ruin and disgrace.
The public creditors and the taxpayers are
alike interested in an honest administration of
the finances and neither class will long endure
the large-handed robberies of the recent past
For this discreditable state of things there are
several causes. Some of the taxes are so laid as
to present an irresistible temptation to evade
payment. The great sums which officers may
win by connivance at fraud create pressure
which is more than the virtue of many can with
stand and there can be no doubt that the open
disregard of constitutional obligations avowed
by some of the highest and most influential men
in the country has greatly weakened the moral
sense of those who serve in subordinate Places
The expenses of the United States, including in
terest on the public debt, are more than six times
as much as they were seven years ago. To col
lect and dsburse this vast amount requires care
ful supervision as well as systematic vigilance
The system, never perfected, was much disorgan-
lied by the ''Tenure of Office Bill, " which has
almost destroyed official accountability. The
fFeSlueUJ ludy De lHOTOuSuly COuNluCtu tndt Oh
officer is incapable, dishonest unfaithful to
the Constitution, but, under the law which have
named, the utmost he can do is to complain to
the Senate, and ask the privilege of supplying his
place with better man. If the Senate be regard
ed as personally or politically hostile to the PreS-
dent, it is natural, and not altogether unreason-
able, for the officer to expect that it will take his
part as far as possible, restore him to his place,
and give him a triumph ovel his Executive supe-
rior. The officer has other chances of impunity
arising from accidental defects of evidence, the
mode of ofinvestigating it, and the secrecy OF the
hearing. 1t is not wonderful that official mall
feasance should become bold in proportion as the
delinquents learn to think themselves safe. | am
entirely persuaded that under such q rule the
President cannot perform the great duty assign
ed to him of seeing the laws faithfully executed,
and that it disables him most especially from en-
forcing that rigid accountability which is neceS-
sary to the due execution Of the revenue laws.


The Constitution invests the President with
authority to decide whether a removal should be
made in any given case, the act of Congress de-
clares, in substance that he shall only accuse
such as he supDoses to be unworthy OF their trust
The Constitution makes him sole Judge IN the
premises but the statute takes away his jurls-
diction, transfers it to the Senate and leaves him
nothing but the odious and sometimes impracti-
cable duty of becoming prosecutor. The prose-
cution 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 accusation with great dis
favor The Senate is absolutely without any
known standard of decision applicable to such a
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 re-
moval. 1t is impossible even to conjecture what
may or may not be so considered by the Senate.
The nature of the subject forbids clear proof. If
the charge be incapacity, what evidence will
support it? Fidelity to the Constitution may be
understood or misunderstood in a thousand diff
ferent ways, and by violent party men, in vio-
lent party times, unfaithfulness to the Constitu-
ton may even come to be considered merltorous.
If the officer be accused of dishonesty, how shall
it be made out? VIII it be inferred from acts
unconnectcd with public duty, from private his
torv or from general reputation? Or must the
President await the commission of an actual mis-
demeanor in office? Shall he, in the meantime,
risk the character and interest of the Nation in
the hands of men to whom he cannot give his
confidence? Must he forbear his complaint until
the mischief is done and cannot.oe prevented?-
IF his zeal in the public service should impel him
to anticipate the overt act, must he move at the
peril of being tried himself for the offence OF
slandering his subordinate? In the present cir
cumstances of the country, some one must be
held responsible for official delinquency of every
kind 1t is extremely difficult to say where that
responsibilty should be thrown, if it be not left
where it has been placed by the Constitution
But all Just men will admit that the President
ouoht to be entirely relieved from such response
bility if he cannon meet 1T by reason OF restrlc-
tions placed by law upon his action.


The unrestricted power of removal from Office
is very great one to be trusted even to a Mag


strate chosen by the general suffrage of the whole
people and accountable directly to them for his
acts It is undoubtedly liable to abuse, and at
some periods of our history perhaps has been
abused If it be thought desirable and constitu-
tional that it should be so limited as to make the
President merely common informer against
other public 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 evidence, and bound
to decide according to established rules. This
would guarantee the safety of the accuser when
he acts in good faith, and at the same time Sc
cure the rights of the other party. | speak Of
course with all proper respect for the present SEN
ate. but it does not seem to me that any legisla-
tive body can be so constituted as to insure its
fitness for these functions


It is not the theory of this Government that
public offices are the property of those who hold
them. They are given merely as trust for the
public benefit sometimes for fixed period, some
times during good behavior, but generally they
are liable to be terminated at the pleasure OF the
amounting power, which represents the collective
majesty and speaks the will of the people. The
forced retention in office of single dishonest
nerson may work great injury to the public inter
ests The danger to the public service comes not
from the power to remove, butfrOm the power to
appoint Therefore it was tina. the trainers of
the Constitution left the power of removal unre-
stricted while they gave the Senate right to
reject all appointments which, in its opinion,
We're not fit to be made A little reflection on
this subject will probably satisfy all who have
tha oood of the country at heart that our best