Year: 1867

REVENUE EERAUDS--TSNURE OF OFFICE DyIT.


It is xen and publicly known that enor-
nous frauds have been perpetr.ted on the
Treasury ard that colossal fortunes have been
made at the public expense. This species of
corruption has increased, is increasing, and
if not diminished, will socn bring us int, total
ruin and disgrace. The public creditors and
the tax payers are alike interested in aa hon
est administration Of the finances, and neither
class will long endure the large handed rob-
berries of the recent past. For this discredi-
table state of things thera are several causes.
Some of the taxes are so laid as to present an
Irresistible temptation to evRde parment: the
great sums which officers may T.u by con-
niyance ct fraud, create pressure which is
more than the virtue of many can Withstand,
and there can be no doubt that the open dis
regard of constitutional obligations, assumed
by some Of the highest and most influential
men in the country, has greatly weakened
the mora! sense of those who serve in subor-
dinate places. The expenses of the United
States, including interest on the public debt,
are more than six times as much as they were
seven years ago. To collect and disburse
this vast amount requires careful supervision
as well IS systematic vigilance. The system,
never perfected, was much diso-gGnized by





destroyed official accountability The Press
ident NAY be thoroughly convinced that an
officer is incapable, dishonest or unfaithful to
the Constitution, but under the law which l
have named the utmost he can do is 10 COM
plain to the enate and ask the privilege of
supplying his place with better man. If
the Senate be regarded as personally or DO
htically hostile to the President, it is natu-
raj, and not altogether unreasonable, for the
officer to expect that it will take his part as
far as possible; restore him TO his place, aud
give him triumph over his Executive su-
PerIoT. The officer has other chances of i'm
punity, arising from accidental defects of ev-
idence; the mode Of in estigatiDg it, and the
secrecy of the hearing. 1t is not wonderful
that official uAlieasance should become bold
in proportion the deIinqucnts learn to
think themselves safe. l am entirely pcr-
suaded that under such a rule the President
cannot perform the great duty assigned TO
him of seeing the laws faithfully executed.
and that it disabies him most especially from
enforcing that rigid accountability which is
necessary to the due execution Of the revenue
laws. The Constitution invests the Presi-
dent with authority to decide whether re-
noVai should be made in any given case the
act Of Congress declares in substance that he
shall only accuse such as he supposes to be
unworthy Of their trust. The Constitution
makes him sole judge in tho premises, but
the statute takes away his jurisdiction. trans
ters 1t to the Senate and leaves him nothing
but the odious and sometimes impracticable
duty of becoming prosecutor. The prose
cutlOn is to be conducted before a tribunal
whose members are not like hiIa-respopsibIe
to the whole people, but to separate consti
tuent bodies, and who may hear his ACCUSE
tion with great Gisfavor. The Senate is ab-
solutely without any known standard of de-
cIsion applicable to such case. Its iudg-
ment cannot be anticipated, for it is not gov
erHed by any rule. The law does not define
what shall be deemed good cause for removal.
ard 1t Is impossible even to conjecture what
may or may rot be so considered by the SEN
ate. The nature Of the ubject forbids clear
proof. II the charge be incapacity, what
Will support it Fidelity to the Constitution
may be understood or misunderstood in n
thousand different ways, and by violent party
men IN violent party times, unfaithfulness 10
the Constitution may even come to be con-
sIdered meritoTiOus. II tie officer be ac>
cused OF dishonesty, how shall it be made
out! Will it be inferred from acts uncon-
nected With public duty, from private history.
or from general reputation or must the
President await the commission of an actual
misdemeanO- in Office Shall he. in the
meantime, risk the character and interest of
the nation in the hands of men to whom he
carnct give his confidence? Must he for,
bear his complaint until the mischief is done
and cannot be 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 SANDER
ing his subordinates In the present cir
of the country some one must be
held responsible for official delinqueucy of
every kind. 1t is extremely difficult to saw
where that responsibility should be thrown,
if 1t be not left where it has been placed by
the Constitution. But all just men will ad>
NIT that the President ought to be entirely
relieved from such responsibility, if he can
not meet it, by reason Of restrictions placed
By law upon his action. The unrestricted
power OF removal from Cffice is a very great
one to be trusted, even to a magistrate chosen
By the general suffrage of the whole people
and accountable directly to them for his acts:
it is undoubtedly liable to abuse. and st some
periods of our history perhaps has been
abused. If it be thought de. irable and cop-
that it should be SO limited as to
make the President merely a common in.
former against other public agents. he sbouId
at least be permitted to act in that capacitv
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 accord
ing to established rules. This would guar
ahtee the safety of the accuser when he acts
IN good faith, and at the same time secure the
rag ats Of the other party. l speak, of course
with all proper Tespect for the present Senate
but 1t does not seem to me that any legisla-
tive body can be 50 constituted az to insure
Its fitness for these functions. 1t 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 pub


lie benefit. sometimes for fixed period, some>
times durinn r.nnd hnLnrinr Int rrono--II..