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APRIL 2, 1830.

Mr. Foot's Resolution.

(SENATE.

comes the duty of the President to re.nove him, and fill class of citizens, who ought to consider themselves as the the vacancy with a single eye to the faithful execution of public servants, might be made the creatures of Executhe laws.

tive power; and if, said Mr. Nicholas, the day should ever The power was not given to swell his patronage, to encome that the office of President should devolve upon an able him to establish a political test and a cruel proscrip- ambitious man, public offices might be made the most tion--to reward friends and punish enemies. It was con- powerful instruments to promote his views. The influ. ferred on him to be exerted wisely and humanelt for just eirce would operate upon all those whu expect or want cause, and in cases of necessity, and for the public good. public employment.” It was confided to his sound legal discretion, so that the I refer also to the opinion of Matthew Lyon, as a repub. members of Congress, who acknowledged the right, did lican partisan of that day. It is an extract from the pub. not think it liable to abuss, or capable of being misunder- lication upon which I believe he was prosecuted: stood; but Mr. Madison said, if the power is abused, the “As to the Executive, when I shall see the efforts of President will be responsible by impeachment.

that power bent on the promotion of the comfort, the hap. Sir, the dangerous nature of this patronage, its tenden- piness, and the accommodation of the people, that Execu. cy to corrupt all branches of Government, its liability to tive shall have my zealous and uniform support; but when abuse, and the inadequacy of the correction by impeach- I shall, on the part of the Executive, see every considera. ment, were strong objections to the constitution itself; for tion of public welfare swallowed up in a continual grasp proof of which I read from a commucication made by for power; when I shall behold men of real merit daily Luther Martin to the House of Delegates.

turned out of office, for no other cause but independency The elevated and patriotic sentiments of President of sentiment; when I shall see men of firmness, merit, Washington, in regard to the exercise of this power, are years, abilities, and experience, discarded in their applicacontained in a letter to a soldier and officer of the Revolu- tions for office for fear they possess that independence, tion, an aid-de-camp and devoted friend. They are so and men of meanness preferred, for the ease with which characteristic, so suitable to the dignity of his character, they take up and advocate opinions, I shall not be their and so worthy of him, that I will take leave to read it: humble advocate.”

“To you, sir, and others who know me, I believe it is Mr. George Nicholas, in the letter to which I have be. unnecessary for me to say, that when I accepted the im. fore referred, expresses his views of the administration. portant trust committed to my charge by my country, I He says: gave up every idea of personal gratification that I did not “As long as the speaker or writer approves their meathink was compatable with the public good. Under this sures, he may not only proceed with safety, but he will be impression, I plainly foresaw that part of my duty, which thanked and paid for it. If he praises handsomely, he will obliged me to nominate persons to offices, would, in many be taken into favor. If be deifies the object of his flatte. instances, be the most irksome and unpleasing: for, how. ry, he will confess he has melted his heart. It is said a ever strong my personal attachment to one might be-- pleasant song has been paid for by an office, and that mahowever desirous I might be of giving him a proof of my ny have been given for addresses, and that more than one friendship, and whatever might be his expectations, ground. has been taken from those who refused to be addressers." ed on the amity which had subsisted between us--I was Mr. Cooper was the editor of a newspaper, and on re. fully determined to keep myself free from every engage. tiring from the paper he published his views of public af. ment that could embarrass me in discharging this part of fairs; from which I read the following: my adıninistration. I have, therefore, uniformly declined “ I can best illustrate my meaning by supposing a case. giving any decisive answer to the numerous applications Let me place myself, therefore, in the President's chair, which have been made to me, being resolved that, when- at the head of a party in this country, aiming to extend ever I shall be called upon to nominate persons for those the influence of the Government, to increase the authority offices wirich may be created, I will do it with a sole view and prerogative of the Executive, and reduce to a mere to the public good, and will bring forward those who, name the influence of the people. How should I set about upon every consideration, and from the best information 1 it? What system shoukl I pursue? can obtain, will, in my judgment, he most likely to answer “ The more completely to enlist the ambitious, the that great end.

The desire which I have that needly, and the fashionable, under my banners, I would take those persons, whose good opinion I value, should know the care it should be known that no place, no job, no coun. principles on which I mean to act in this business, bas led (tenance, might be expected by any but those whose opin. me to this full declaration; and I trust that the truly worthy ions and language were implicitly and actively coincident and respectable characters in this country will do justice with my own--a principle that I would strictly carry to the motives by which I am actuated in all my public through every appointment in my immediate gift, and transactions."

under my control. A charge was made against Mr. Adams, the elder, • With the same view, I would encourage a naval (or ! thɔngh as far as appears without cause, that lie had re suppose any other) establishment. These measures would moved men from office for political purposes: it became leave a vast sum of money to cxpend in rewarding and the ground of the severest reproaches, and of general gaining over adherents by offices, posts, and contracts. animadversion.

Such,” said he, “ appear to me the obvious measures Mr. W. C. Nicholas, a member of the convention, and for a man to adopt, placed in a situation to aim at power, a leading republican, while speaking on the Virginia reso- independent of the people."--Mr. Cooper's Address, 1799. lations, expressed his opinion, which I will also take the See preface. liberty to read:

Sir, there is much more of this in the writings of that “The conduct of the Executive in bestowing offices, time; and when we recur to the intemperance of the lan. more in the style of rewards for the support of particular guage, and the exasperation of the party feelings which measures, than fro:n any regard to the general merits of it indicates, does it not excite our surprise that only eleven the citizens called to fill them, and upon the same ground were removed by General Washington, and eleven by Mr. removing from office every man who ventures to hazard an Adams? They never claimed the right to remove without opinion in opposition to any of the measures that have cause; these were all removed for causes deemed, in the been pursued, necessarily created alarm. He mentioned exercise of a sound discretion, to be proper. the removal from office of Mr. Tenche Coxe and Mr. Yet these few cases, arising under such circumstances, Gardiner, in support of what he had said, and expressed gave serious alarm to the republicans of that day. They a fear that, by these means, that numerous and influential saw in it the assumption of power, a dangerous increase

VOL. VI.-38

SEXATE.]

Mr. Foot's Resolution.

(APRIL 2, 1830.

of patronage, and its tendency to abuse. The language Notwithstanding the circumstances in which he was I have quoted shows the public sentiment.

| placed, and after all this note of preparation, the instanThe claim of doubtful power is always unpopular, the ces seem to be few, and governed by principle. He knew abuse of it odious. The very names of proscription and that this Government depended on thie right of suffrage, persecution, {with their historical associations, were dis, and the freedom of opinion, and the liberty of act.en; gusting and revolting. The slightest pretence was seized that the people would not tolerate any invasion of this on, either to guard against an incipient abuse, by arresting right. Even liis popularity could not have withstood the it at the threshold, or for political effect, knowing the force of public opinion, if he had boldly assumed and sensitiveness of the public mind, and the honest prejudices openly abused the power of removal. of the people against any unjust exercise of power in their Mr. Jefferson removed no man connected with either of rulers.

the Executire Departments. That is a striking fact. He At that time the removal of an individual was a matter required their talents, their experience, and their services. of such serious importance, and of such rare occurrence, He established no political test; he instituted no inquisithat it became a subject of public discussion and general tion into private opinions. No auditor, comptroller, renotoriety. It was very difficult, when strong suspiciors gister, treasurer, or cle:k, was removed, although they existed of a political motive, to satisfy the people that the had been in general opposed to his election. No foreign cause of remoral was sufficient, and that it was not done minister was recalled. No collector or postmaster of any in the wantonness of power to remove an opponent, to re- of the large cities was removed. There was scarcely an ward a friend and favorite, to increase patronage, to si- office of any value made vacant. lence opposition, and restrain the freedom of opinion. After being in office ten months, he nominated to the The Executive was compelled, in his own defence, to Senate ninety persons, of which, twenty-one were vacangive the reasons, and to justify himself before the country. cies left by his predecessor, nineteen were vacancies by

It was in this state of the public feeling on this question, death, promotion, resignation, or expiration of commisthat Mr. Jefferson came into office; and his first declara- sion, six restorations of persons who had been removed, tion was a pledge of his principles: “ And let us reflect,"twenty-one of persons appointed in the last days or hours said he, “ that having banished from our land that religious of his predecessor, fourteen removals for misconduct, four intolerance under which mankind so long bled and suffer- of officers of courts of justice; the particular reasons for ed, we have gained little if we countenance a political in- the others unknown. tolerance as despotic, as wicked, and capable of as bitter We see that, during an administration of eight years, and bloody persecutions." These are noble and elevated he removed only thirty-six persons, holding offices in the sentiments, worthy a citizen and patriot called upon to customs, marshals, district attorneys, consuls, &c. They undertake the duties of the first Executive office of his were inferior offices, and we can yet, after a lapse of so country.

many years, account for most of these. Three days after this declaration, he says: “I believe, This exercise of power, however mild and moderate, wiih others, that deprivations of office, if made on the did not come with a good grace from that party which ground of political principles alone, would revolt our new had so recently denounced the practice in such severe and converts, and give a body to leaders who now stand alone. bitter terms, as anti-republican, arbitrary, oppressive, and Some I know must he made; they must be few as possible; cruel; and Mr. Bayard, a distinguished member of Deladone gradually, and bottomed on some malversation or in-ware, in a speech delivered in the House of Representaherent disqualification."

tives in 1802, not knowing the cause of the removals, and Again he says: “I lament sincerely that unessential dif- supposing them entirely arbitrary, and for political rea. ferences of opinion should ever have been deemed suffi- sons, said: cient to interdict half the society from the rights and the “No innccence, no merit, no truth, no services, can blessings of self-government; lo proscribe them as unwor- save the unhappy sectary who does not believe in the thy of every trust."

creed of those in power.” Again: “It is in this path se He complained that, hy a system of exclusion, one party see the real victims of stern, uncharitable, unrelenting had monopolized all the offices; that it was his duty to power.” And again: “And when I see the will of a Pre. correct the procedure; that he "would proceed with desident precipitating from office men of probit;, knowliberation and inquiry, that it may cffect the purposes of ledgc, and talents, against whom the community has no justice and public utility with the least private distress, complaint, I consider it a wanton and dangerous abuse of that it may be thrown as much as possible on delinquency, power. And when I see men who have been the victims or oppression, or intolerance, or anti-revolutionary ache. of this abuse of power, 1 view them as the proper objects rence to our enemies." "A few examples of justice on offi- of national sympathy and commiseration." cers who have perverted their functions to the oppression This was the language used against Mr. Jefferson, by a of their follow-citizens, must, in justice to those citizens, distinguished leader of the party opposed to him, in de. be made. But opinion, and the just maintenance of it, bate upon this question. shall never be a crime in my view, nor bring injury on the Sir, this power, whenever exercised by any administraindividual. Those whose misconduct in office ought to tion, has produced the same expression of feeling. The have produced their removal, even by my predecessor, power over the opinions, over the happiness, and the formust not be protected by the delicacy duc only to honest tunes of so many persons, is a power that must be in its men.”

nature a tyranny, and, therefore, revolting. He says: “ Mr. Adams's last appointments I set aside as No great minister in England or France at the present far as depends on me. Officers who have been guilty of day would think of touching the officers and clerks in the gross abuse of office, such as marshals packing juries, &c. departments. They must look beyond all this low and I shall remove, as my predecessor ought to have done; the vulgar strife for place; they must build their fanie upci instances will be few, and governed by strict rule, and not great principles, masterly ability, and pre-eminent scro party passion. The right of opinion shall suffer no inva- vices. sion from me; those who have acted well will have noth It is very questionable whether the King has the prefeing to fear, however they may have differed from me in gative of removing without control; it is very certain, a opinion; those who have done ill, however, have nothing minister who should attempt it would be himself responsto hope.” Mr. Jefferson went into office avowing as a ble to Parliament, as well as the people. It has not beta principle, “equal and exact justice to all men, of whatever tried in sixty years, and perhaps never will again; no sect or persuasion, religious or political.”

minister dare to stoop to that desperate expedient.

APRIL 2, 1830.]

Vr. Foot's Resolution.

(SENATE.

“You set ont,” says the author of Junius, in a letter to momentum ihat will overrule the constitution, and bear the Earl of Hillsborough, signed Lucius, and dated on down the people themselves, the 10th of September, 1768, “ with asserting, that the The President had power enough. It was already too crown has an indisputable power of dismissing its officers, great an object of ambition. He exercised an absolute without assigning a cause. Not quite indisputable, my veto on thelaws: he executes them, and thereby, to a cer. Lord; for I have heard of addresses from Parliament, to tain extent, claims to decide on them: he presides over know who advised the dismission of particular officers. a!l the departments of the Government, commander-inI have heard of impeachments attending a wanton er- chief of the army and navy, with power to call out the ercise of the prerogative, and you, perhaps, may live to militia, and, as such, all the power that belongs to that hear of them likewisc. Such an exercise of the preroga- rank, by the usages of war; and now is to be added a tive appears to have been attempted during the infortu- power over eight thousand office-holders, with a host of nate administration of Lord Bute. On this occasion, the contractors and jobbers, with the hundreds of thousands Marquis of Rockingham, a conspicuous friend of America of expectants. in her colonial controversics with England, and universal It is not merely that you consolidate all power in the ly respected, as well for his understanding as for his mild hands of the Executive, but you convert this Government but determined integrity, is described to have mentioned into a great clectioneering machine, in wbich not only in severe terins, "the general sweep through every branch that high office, but all the offices, and honors, and emolu. and department of the aclministration; the removes not ments, become the prize to be fought for by contending merely confined to the higher employments, but carried parties. The people will be kept in a constant state of down, with the minutest cruelty, to the lowest offices of excitement and agitation; they will be arrayed under disthe State, and numberless innocent families, which had tinct leaders, seeking only their personal advancement; sibsisted on salaries from fifty to two hundred pounds a they will be bribed with their own money; the field of jobyear, turned out to misery and ruin, with as little

regard to bing, speculating, plundering, office building, and office the rules of justice as the common feelings of compas- hunting, thus enlarged, will present a scene of disgustsion.' The Marquis said that this and similar conducting intrigue and gross corruption. had thrown the whole country into a flame.”

The great principles of the Government, and the preBut the officers of the Executive departments reside in doininant interests of the States, will be lost in the abthe District of Columbia; they have no vote; they are al sorbing contests for power and place. The press, desmost disfranchised. It is an extraordinary incident in the tined to be the organ of truth, the friend of the people, history of the country, that no man was ever dismissed and the palladium of liberty, will become venal and merfrom either of them, withont necessity, from the esta- cenary; it will become violent and virulent; it will minisblishment of the Government, and, that no removal has ter to the passions, descend to gross personal abuse, been made, without cause, since the year 1803, until the and vile detraction and falsehood; it will lose its power present administration.

and its dignity. It must be pure to preserve its influence; The President, on coming into office, has boldly as- it must be free to preserve our liberty. sumed tlic right to remove ali oflicers, at his will, and he As more numerous objects of political interest and amhas made a full sweep. He has dismissed, without reason bition are presented, partisans will increase, not only in or apology, many of the oldest and most experienced offi- numbers, but in activity and violence; parties will become cers and clerks; he has removed almost all the numerous more malignant and rancorous. The elections will not officers of the customs, from the lighest to t!ie lowest; he c!epend on the personal claims of candidates, but upon has displaced many of the ablest officers of the courts the successtiil combinatiors of political leaders, who will and of the land offices; he has superseded near five hun. form cabals at the capital, divide the country into factions, dred postmasters; he has recalled the public ministers perpetuate their own power, and take from the people without nccessity, and at great expense.

the choice of their rulers. Sir, I see, in the exercise of They are, in general, men of fair character, and of this power, that which will destroy this Government. great experience in office, who, in many instances, re During the late contest, we were told that this power ceived them as the reward of faithful services to the coun- vould be freely exercisel. It had the effect to alarm try in other civil and military trusts; among them many those in office, and it either silenced them, or drove them who served during the revolutionary war. They have to the necessity of openly espousing the cause; and to been rudely thrust out, without the slightest acknowlerlg- this influence may be ascribed the uncommon heat and ment of their services: nay, in many cases, under dark excitement that pervaded the country. It was the hopes imputations; their families thrown upon the world, doon- of office acting upon the whole body of the people, that ed to penury and want; and themselves left, in the winter aroused a band of adventurers and aspirants, and set in of their years, living instances of the ingratitude of their motion the worst passions of the human heart. country,

When the triumph came, it was publicly announced Sir, it is not my purpose to speak of the private dis- that the “President would punish his enemies and retress, with the history of which we have sickened, of the ward bis friends. It has been but too faithfully executdismay that spread over the land; of the anxiety that cd. The power of removal in all cases, at the will of the preyed upon the minds of so many, who have since suf- Executive, has been assumed and exercised; and a genefered all they feared.

ral proscription, without limitation of time, and without I look, sir, far beyond all this: to the power exerted, regard to talent or public service, has been proclaimed. not to the victim of it; to that power which will subdue The country is treated as a conquered province, and the the constitution—a power that destroys all the balances of offices distributed among the victors, as the spoils of the the constitution, and draws after it all the other powers of war. He has bestowed the highest oflices upon the the Government.

members of Congress; he has selected the leaders of the The President claims all the patronage of the Govern- dominant parties of the large States; he has rewarded the ment, the entire disposition of eigit thousand offices, and leading editors of newspapers with lucrative offices, and all the honors and emoluments. Fle holds in his hands all other places have been conferred on the most active of that can tempt the avarice, or excite the interest, or ani- the elite. mate the ambition of man-a power capable of embody Sir, I make no personal objection to this, but I see here ing the talent, organizing the press, and drawing after it a such a combination of interests, and such a concentration bund of political adventurers--a power that will concen- of power, that the people themselves will not be able to trate a force which will move, by a single impulse, with a resist it. This influence over Congress, this control of

SENATE.]

Mr. Foot's Resolution.

(April 2, 1830,

the press, this union of interests and cliscipline of party, prerogative, never before acknowledged, exercised; and will create a governmental power in the centre, that will we are told that impeachment is the only proper remedy. direct the public will. The whole patronage will be em- How! impeach a President coming into power at the head ployed to corrupt the people; every thing will be venal;j of a party, with a majority in both Houses? That is ridiand a system will be gradually introduced that will be fa- culous; and how sha) the Senate find him guilty, when tal to the constitution. I see in it the workings of that they advise and consent to the appointment of the successpirit that has destroyed every free Government. sor? When they co-operate in the illegal deprivation?

There is no difference of opinion here, (said Mr. L.] Whatever may be thought of the right to remove, none with one or two exceptions, upon the proper exercise of can doubt that, when the Senate have consented to fill this power. The power of removal, in cases of inability, the vacancy, that completes the removal, and operates a incoinpetency, or crime, or when the public interest and destitution of office. the faithful execution of the laws required it, was noces The only question about which there is a serious difsary, we all agree, to be vested in the President, to be ference of opinion, is, whether the Senate bave a right to wisely and discreetly exercised in cases calling for it. But inquire into the propriety and legality of the removal; or, to resume the power for other purposes, and especially to wliether they must act upon the nomination as in a reguremove faithful public servants, for political reasons only, lar vacancy, and leave the President to his accountability to replace them with new and untried men, to augment to the people, cr to the House of Representatives. Let his own patronage, and reward his adherents, is as gene- us examine this question. rally disapproved. The doctrine is totally disavowed and If the power of removal is incident to the appointing repudiated here.

power, then the Senate, being a part of that power, would It is a sacred trust, committed to his charge by his co:in- participate in that rernoval, and would therefore have a try, upon his sound and honest discretion; to pervert it to right to be informed of the reasons and causes of it. other purposes is a usurpation and an abuse of the power. There are eleven different classes of officers that are apHe is no doubt a judge of the disqualifications, and so pointed for four years, but removable by the President. are we of the motives which govern his judgment. The intention of the Legislature then, manifestly is to fix

Patronage, created by the President himself, merely to the duration of office, unless special causes make the reprovide for his friends and augment his power, is dan- moval necessary. This numerous class, constituting an gerous and odious.

It assumes what was not intended by immense body of patronage, expires, and leaves vacancies the constitution; it gives him an ascendancy that disturbs, to be filled under each administration is not this power if it does not destroy, all the balances of the Government; enough to gratify the ambition of any man? Yet, in many which makes all public men the creatures of his will; cases, after a recent confirmation by the Senate, they have gives him an undue influence over the minds of the peo- been removed, without any assignable cause. Thus the ple, by the hopes of favor it creates. It makes him the President defeats the law: and must the Senate stand by source of all power, and the centre of a system around and see the infraction of the law: the injury of the citi

. which all the other powers must revolve.

zen, and the usurpation of power, and then lend it the Sir, I regret that this great question should arise at a sanction of their name, to perfect the work? Does it not apperiod of political excitement so inauspicious to the deci- pear more consonant with their high character to look into sion of it; but I am happy to see the general agreement the causes which have deprived a citizen of his legal rights? with regard to the limitation of the power. Locke ranks The President, it is said, has no right to institute a nes it among the breaches of trust in the Executive Magis- mission; yet, if he assumes the power during the receas, trate, which amount to a dissolution of the Government, and then sends the nomination, according to this rex ccc if he employs the force, the treasure, or the offices of so-trine the Senate would have no right to question the act of ciety, to pre-engage the elections, or to corrupt the Re- the President. For that, it is said, he is responsible; but presentatives: “What is it but to poison the very foun- not to us. They could only inquire into the character of tain of public security?"

the minister, and approve the nomination of a ninister to This question of Executive power is the great princi- a mission which they disapproved. But the Senate lare ple that lies at the bottom of every contest in every frec always exercised their judgment with regard to the pro country--a contest for power between those in power, priety of a mission. and those who, on the part of the people, resist it. In the reduction of the army, the President miscos That was the struggle between the whigs and the tories; strued the law; nominated certain officers to places to the tories were the advocates of power; the whigs, after which they were not in the opinion of the Senate entitied, a long and eventful conflict, obtained the ascendancy, and and deprived other officers of their rights by dismission set bounds to prerogative. That is the contest now go- Yet the Senate refused to confirm the nominations. They ing on in France between the King's ministers and he did look beyond the character of the nominces, and rojectLiberal party. It is a contest, however, (in whatevered the nominations. They did not sanction the error by country it may occur) in which the people will prevail. approving it, and leave the President to his responsib

.. But it is said, how is it known that removals are made It is urged, here, that the removal has taken place; the without cause! I answer, because it has been so announc- injury is done, and the rejection of the nomination will ed in the official papers; because the removals are gene- not restore the removed offices to his place. The Senate ral; because no causes are assigned; because, in many in- did not think so. In the military cases to which I have al. stances, the letters of dismissal state that there is no per- luded, even where there was an honest difference of sonal objection; because the fact is not denied, and can- opinion, they rejected the nomination, and thus, as fars not be denied. It being apparent, then, that the Presi- possible, repaired the injury. That is the precedent to dent has power only to remove for valid cause, and hav- follow now. Reject the nomination, pass a resolut' on de ing exceeded his authority, by removing many persons claring the sense of the Senate; if necessary, hold a esaenjoying the confidence, and having high claims upon the ference, and compare opinions. I cannot believe that tize country, and about which there seems to exist but little President will exercise a doubtful power, against the gedifference of opinion, the question occurs, Where is the neral sense of the Senate. He will explain the causes of remedy? All concur that he is amenable to the people, removal, and acquicsce in their judgment; cr, other vis, and that he must answer upon his responsibility; but this the Senate will be a mere register of Executive edicts is a slow remedy, and does not put an end to the abuse, But the Senate has adopted a different opinion. They disor restore the injured citizen. "The constitution is vio- approve of the establishment of a political test, and the lated, the rights of the citizen trampled on, a dangerous /whole system of proscription and removals. They be

APRIL 2, 1830.)

Mr. Foot's Resolution.

(SENATE.

lieve he has no power to remove without cause; that this We can feel no solicitude for this power of removal, power has been improperly exercised; but that they have [said Mr. J.) except what results from the effect it will no right to interfere with his duties, or to exercise any have upon the country. The constitution will be what it check or control over him; that they must quietly permit is determined to be, and you are to fix the construction. the constitution and the rights of the citizen to be violated. "The President exercises the power that will become an • Thus the nominations are approved, while the removals example and a precedent; the Senate refuses to interfere, are declared illegal. And thus it appears to the people that and that sanctions the usurpation. The next President the Senate approves the whole system; and thereby breaks will do the same. You have a practical construction to the force of public opinion, and destroys responsibility. the constitution. The Senate cannot escape the conclusion, that, knowing Looking to it as a power, it is no longer yours; your a removal to be illegal, they have ratified the nomination patronage is exhausted; you have nothing more to give; to fill the vacancy thus created. What power may not the and the applicants are as numerous and importunate as President erercise, and, under this construction, what may they were at the beginning. You have nothing to give but we not be compelled, on our own principles, to sanction? promises, and they nothing to expect but disappointment. Certainly, every assumption of power; and what import. Upon the principles you have established, these offices ance will be a third power in the Government, that im- will be for those who succeed to you; they are already armposes no checks, and becomes the passive instrument of cd in anticipation, with the whole of this immense patronthe other departments, but to protect every usurpation' age; and it will exercise an influence as adverse to you as

Sir, when these numerous vacancies have been created, it was favorable in the last contest. and no cause assig ned, I take it for granted there is no My colleague has misapprehended the views I present. cause; and I see no necessity of making the inquiry why ed to the Senate some time since, with regard to the polithe removal is madle. The President asks my advice and cy of this administration. It was not my intention in consent: he must give the information, or I will withhold it. those remarks to censure Congress with extravagance. I This has been the practice of the Senate. They must con- stated it was a part of a system, during the last administrasrue the constitution for themselves; they must withhold tion, to represent it as a very extravagant administration; their assent to what they believe to be illegal. This would to accuse them of enormous abuses, and to promise great lead to satisfactory explanation, and the evil would be ar- reformations; that, after waiting a year, with majorities rested,

in both Houses, I had seen nothing to redeem the pledges One objection to the right to inquire into causes of re- given to the people. All the appropriations have passed movals, and reject nominations founded on the abuse under my eve; the estimates on which they were founded of power, is, that thereby we prejuilge a matter which were copied from those of the last year. The great esmay come before us by impeachment. To which, I an- penditures of the Government are fixed by laws which swer, first, that this is as strong, when we confirm, and you have not attempted to change, and must therefore rethereby tacitly approve. How could we find him guilty, main the same. The recall of our foreign ministers had when we have sanctioned the act? Secondly, we propose created an unnecessary increase of fifty thonsand dollars to reject all nominations, whether the error has arisen to the diplomatic expenses. I did not complain of the from mistake or other cause; whether the removal was money, if the public interest required the change of minmade by the President with the intention 10 do wrong or isters, but of the motive and the necessity of that change. not. We merely determine the fact that wrong has been whether the public good demanded it; whether it was a done. Third, we prevent the necessity of impeachment, wanton exercise of power; whether it was a part of the by putting the President right. Fourth, this objection sweeping proscription; and whether the money was not would lie equally against every attempt to investigate any uselessly thrown away, the people would judge. I did possible abuse of power.

not complain of the mode in which the money was obIt is not denied (said Mr. J. ] that the President has the tained, although there were no appropriations for this power of removal; nay, it is acknowledged to be his duty, object, and they were specifically made for other purposwhenever the case demands it; a right that ought to beles. If the new missions were necessary, the money was exercised freely and justly; and when the cause is an- a matter of little consequence. Sir, I read parts of the Dounced, the Senate will not strictly inquire into it. But, famous retrenchment report, with a view to show the exin the question now pending, it is known that the power penses and abuses of the Government, which had been of removal, in all cases, without cause and without control, Ipointed out to the people, and the promises of economy is claimed. The President disdains any evasion. It is not and reform. This report, of which ten thousand copies denied, although it is too much to avo v, tiiat the President had been printed, had filled the public mind with the exhas removed oificers for the double purpose of removing travagance and waste of the last administration. The men for their political opinions, and conferring offices on people were deceived and abused, and they will now know those who have supporteu his election. There are things the truth. I considered that report, with several others, which it is worse to avow than to do, and the question is, as mere party engines, a mere electioneering manæuvre: whether the President has this power over the fortunes of it had its day, it produced its effect, and it will pass away so many persons, and the happiness of so many families with the delusion it created, like the other delusions of Whether it is a dangerous power that is liable to great the times. I referred to the abuses pointed out, but abuse? Whether it does not place in the hands of the Ex- which I did not so characterize, and asked if they were ecutive a power that will bring every other department, abuses still, and where was the, remedy. These abuses and every individual, within its influence? Whether it is are abuses no longer; they are permitted to sleep; no possible to preserve this Government?

economy has been introduced; no retrenchment. You The Senate does not concur with the President, but he have, by way of commentary on your professions, approis permitted to proceed, because they believe they have priated thirty thousand dollars for printing, this session, not the right to interfere; that he must be left to the ineffec- more than the last long session. You propose to increase tual remedy of appeal to the people, or to impeachment. the pay of the foreign ministers; of which I approve. You

(Mr. JOHNSTON was asked if he would give way for propose to increase the pay in the navy; which I think is a motion to adjourn. He said he would not detain the proper and necessary. You ask for more departments Senate at this late hour; he would at some convenient and more clerks, and more assistants. These I have no time conclude the remarks, if the Senate should be dis- doubt the public service requires; but they are a strange posed to hear them. He asked their indulgence, howe- commentary upon the report of the committee, and your rer, for a few moments longer.]

promises to the people.

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