Year: 1867

teot and defend the Constitution requires him to 60 on
in opposing unconstitutional act of Congress- is
very serious and Important question: on which have
delperated much and 1eit extremely anxious to reach
proper conclusion. Where act has been passed
according to the forms of the the Constitution by the
supreme legislative authority, and is regularly enrolled
among the public statutes Off the country Executive re-
sisenceto tespecaly in times of high party excitement
would be likely to produce violent collision between
tha respective adherents of the two branches of Gov
ernment This would be simply civil war and civil
war must be rcsorted to only as last remedy for the
worst of evils. Whatever might tend to provoke it
should be most carefully avoided. A faithful and con-
scentious magistrate will concede very much to honest
error and something to perverse malice before he
will endanger public peace, and he will not adopt forci
BILE measures, such might lead to force long
those which are peacea5le remain open to him. or to
his constituents. 1t is true that cases may occur in
which the Executive would be compelled to stand on
rights and maintain hem regardless of consequences
Ii Congress should pass actwhich is not in papabe
conflict with the Constitution, but will certainly if car
rled out produce immediate and irreparable injury to


the organic structure of the Government, and if there
be neither judicial remedy for the wrongs incts nor
power in the people to protect Themselves without Off
cal aid Of their elected defender; if for instance the
Legislative Department should pass an act even
through all forms of law, to abolish coordinate de-
partment of the Government, in such the Presi-
dent must the take high responsibilities of his office and
save the life of the nation at all hazards The so-caed
Reconstruction Acts, though as plainly unconsuon-
al as can be imagined were not believed to be within
the class last mentioned People not wholly dis
armed of the power of sedefence In all the North
ern States they still hold in their hands the sacred
right of the ballot and safe to believe that in
due time they would to the of their
sutons. 1t gives pleasure Ta add that the appeal
to our common constituents not taken in vain and
that my confidence in their wisdom and virtue seems
| not to have been misplaced.


TREASURY.


| 1t is well and publicly known that enormous frauds
have been pepetrated the Treasury and that coos-
sal fortunes have been made at the public expense.
This species of corruption has increased is increasing
and if not diminished will bring to total ruin
and disgrace. Public creditors and taxpayers are
alike interested in an honest administration Of finances,
and neither class will long endure the largehanded
robberes of the recent past For this credtable state
of things there several causes. Some ofthe taxee
are laid prevent irresistible temptation to
evade payment. The great sums winch officers may
win by connivance at fraud create pressure which
is than the virtue of many withstand, and
there can be doubt that the open disregard of the
constitutional obligations avowed by of the high
and most Influential men in the country has greatly
weakened the moral sense of those who serve in subor
dnate places


| PRESIDENTS POWER TO APPOINT OR REMOVE suBORDIN-





The expenses of the United States, including the in
terest the public debt, than six times as
much as they were seven years ago. To collect and
dsburse this vast amount requires careful supervision
well systematic vigilance. Our system never per-
tccted, much dsorganised by Tenure Of Office
Bill which has almost destroyed official accountable
ty The President may be thoroughly convinced that
officer is incapable, dishonest, unfaithfu to the
Constitution, but under the law which have named,
the utmost he do to complain to the Senate and
ask the privilege of supplying his place with better
man. lfthe Senate be regarded personally or poll
ticallv hostile to the President it is natural and not al
together unreasonable for that officer expect that it
will take his part far possible him to his
place, and give him triumph over his executive su-
perior. An officer has other chances of mpuniv aris
ing from accidental defects of evidence mode of nves
tigatng it, and secrcsy of hearing. 1t is not wonderful
that official malfeasance should become bold in proper
ton deinquents learn to think themselves safe.
am entirely persuaded that under such rule the Pres


ent cannot perform the great duty assigned to him of
seeing the laws faithfully executed and it dsables him
most especially from enforcing that riged accountable


ty which is necessary to the due execution of the Rev
nue. Laws The Constitution invests the President
with authority to decide whether removal should be
made in any given The act Of Congress declares
in substance that he shall only such he sup
poses be unworthy of their trust The Constitution
makes him sole jugdo in the premises but the statute
takes away his jurisdiction, transfers 1t to the > nate
and leaves him nothing but the odious and sometimes
mpracticaby duty Of becoming prosecutor Prose
cution is to be conducted before tribunal whose men,
bers not like him, responsible to the whole people,
but to separate constituent bodies and who may hear
his accusation with great distavor- The Senate is
absolutely without any known standard of decision ap
picable to such Its judgment cannot be anti
cipaed, for it is not governed by any rule The law
does define what shall be deeufed good cause for
moval. 1t is impossible even to conjecture what may
or may not be considered by the Senate, The ma
of the subject orbids clear proof II the charge
be incapacty what evidence vii! support 1t? Fidelity
to the Constitution may be understood misunder
stood in thousand different was and by violent par
ty in violent party times, unfalthtuness to the
Constitution may come to be considered mcrlto
Olcer be OF dishonesty can be
made out9 Will it be inferred from acts unconnected
with public duty, from private history, or from general
reputation must the President wait the commits
sion of an actual msdemeanor in office? Shall he, in
the meantime risk the character and the 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 be prevented? II his zeal
in the public service should mpel hm to anticipate an
act must he at the peril OF being tried him
self for the offence of sandering his subordinate? In
the present circumstances of the country some one
St he hplI deli
every kind. It is extremely difficult to say where that
responsibility fhoud be thrown if it be not left where
it has been pl!ced by the Constitution But all ust
will admit that the President ought to be entirely
relieved from such responsibility, if he cannot meet 1t
ofrestrictons placed by law upon his actions
! Unrestricted power of removal from Office is very
great one to be trusted Magistrate chosen by
the general suffrage of the whole people, and accounta-
bic directly them for his acts 1t is undoubtedly


liable to abuse and at periods OF our history per
haps has been abused Ii it be thought desirable and
constitutional that it should be limited as to make
the President merely common !ntormer against other
public agents he should at least be permitted to act in
that capacity before some open tribunal, independent
of party politics. ready to investigate the merits OF eve
ry case, furnished with the means of taking evidence
and bound decide according to established rules.
This would guarantee the safety of the when he
in good faith and at the time secure the rights
of other the party Ispea course with all proper
pect for the present Senate but it does not seem to
me that any Legislative body be constituted as to
insure it fitness for these functions 1t not the heo-
ry of this Government that the public offices are the
/
ly trust for the public benefit sometimes for liked
period sometimes during good behavior; but generally
they liable to be terminated at the pleasure OF the
appointing power which presents the collective majesty
and speaks the will of the people. The forced reten-
ton in office of single dishonest person may WORK
great injury to the public interest Danger to the pubhc
service not from the power to remove but from
the power to appoint; therefore it that the trainers
of the Constitution left the power Of removal unresrct-
ed while they gave the Senate the right to reject all
appointments which, in its opinion, not fit to be
made A little efccon on this subject will probably
satisfy all who have the good of the country at heart


that best is to take the Constitution tor our
guide and 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.


FINANCIAL MATTERS


The present condition our finances and circulating
medium is which your early consideration is nVl-
ted. The proportion which the currency should bear
to the whole value of the annual produce circulated
by its means is question upon which political econo-
miss have not agreed nor can it be controlled BY


legislation but must be left to those lrrevocabe laws
which everywhere regulate commerce and trade The
circulating medium will irresistiby flow to those
points where is in the greatest demand. The law OF
demand and supply is unerring as that which regu-
like the tides has its ebbs and flows throughout the
commercial world. At the beginning of the rebellion
the bank note circulation of the country amounted tC
not much more than 5000 100000 Now the circulation
of the National Bank notes, and those known as legal


tenders is nearly 100000 While 1t Is urged by
some that this amount should be increased others con
+,.t+ =