APRIL 28, 1830.]

Executive Powers of Removal.

[SENATE.

power to pass by the Senate entirely, and take the ap-ed; scarcely "frocked" before he was "unfrocked." No, pointment of every officer into his own hands; and what sir, there is some reason why "rotation" should be the more is necessary to constitute the despot? And the Se- principle in the State Governments, especially in the nator tells us that the President, if we reject his nomina- small States. The appointing power would be perfectly tions, will pass by the Senate, and appoint in the recess. acquainted with the qualifications of the candidates, and One gentleman will affect an alarm at doctrines or symp- there would be little danger in changing. But the framers toms of a monarchical tendency; another apprehends a ju- of this constitution saw that this Federal Government would dicial tyranny, and that the Supreme Court will prostrate extend over an immense people and territory, and it would the liberties of the people; a third verily believes that be next to impossible that the appointing power could be Congress is usurping power, unknown to the constitution. acquainted with the merits and qualifications of the candiYet, thus tremblingly solicitous for the constitution and li-dates. The ability and fidelity of the officer in office berty, we can tamely surrender into the hands of a single would be better evidence than ten thousand recommendaindividual every office, to be bestowed at his will and tions in favor of the candidate who would supersede him. pleasure. Sir, is not this "straining at gnats and swallow- Here is a reason at once, plain and palpable, why “rotaing camels?" Let the President subdue the Senate, no tion" has not been practised under this constitution. Genmatter how; let him at the commencement of his term re-tlemen seem to reason as if offices were made for the move, and fill every office with his own creatures; let the officers: not so; they were made for the people. The post office be his, the press be purchased in; and, all this compensation should be adequate to the service, and no done, let him at an early period of his administration an- more; and then the longer a faithful officer is in, the better nounce himself as a candidate for re-election. You could will his experience enable him to perform the duties. Such no more resist him than if he had an army of half a million has been the understanding heretofore, but now every thing at his heels, devoted to his person, and ready to execute is subverted, and we already feel the deleterious effects. his will. Is this hypothetical, or is it matter of fact? Is Again, sir. The Senator from New Hampshire [Mr. it prophecy, or is it history? Sir, it is all done already. WOODBURY] would make us believe that these removals Compare the Senate as it is, with the Senate as it was. were to restore to "the republican party" the control. See every office secured; see the source and the channels If he will look at the President's professions, and again at of information corrupted, and see the President already his practice, he will see nothing of that. In 1817, and at announced a candidate for the next term. With all this the commencement of Mr. Monroe's administration, Genecorrupt and corrupting official influence to straggle against, ral Jackson wrote him a letter of advice in regard to apthe most sanguine friend of a free government must pointments to office. I believe I have it here, and I like despair. At these prospects the face of the patriot will to recur to it; it is well written, and I am disposed to give gather paleness. At the expiration of this four years, the President full credit for all his literature, as he does farewell, a last farewell, to the hopes of freemen. not now appear to be in a situation to improve it, espe

Sir, some gentlemen seem to admit (very liberal) that cially if he relies for instruction upon some members of an officer ought not to forfeit his office for exercising the his "Cabinet." It will be recollected that this was writelective franchise; but insist, that if he uses his official in-ten soon after the close of the late war, when party anifluence in an election for President, it is good ground to mosity had not subsided, when the lines were distinctly remove him. The reason, I suppose, is, that if the influ-marked, and each party was smarting under the wounds ence of office is brought to bear upon the people, it inflicted by the other.

abridges or controls their elective rights. Now, if you "Upon every selection, party and party feelings should can draw a distinction between the officer's personal and be avoided. Now is the time to exterminate that monster, official influence, I will not object to your rule. But, then, party spirit. By selecting characters most conspicuous you should carry it through-go the whole--no partiality. for their probity, virtue, capacity, and firmness, without But there is partiality. The agent for managing the regard to party, you will go far to eradicate those feelings Northeastern boundary question was appointed by Mr. which, on former occasions, threw so many obstacles in Adams. He did use his official influence in the election, the way of government, and perhaps have the pleasure and very lavishly; but instead of a removal, he was pro-and honor of uniting a people heretofore politically dividmoted to one of the best offices at the President's disposal. ed. The Chief Magistrate of a great and powerful nation To be sure, his influence was in favor of the successful should never indulge in party feelings. His conduct candidate. But that should make no difference. If there should be liberal and disinterested; always bearing in is any reason in the rule--if it is a good rule, it should mind that he acts for the whole, and not a part of the work both ways. I presume, however, that the rule in community. By this course you will exalt the national practice is to reward every officer for official influence in character, and acquire for yourself a name as imperishable favor of the present incumbent, to punish every one for as the monumental marble. Consult no party in your the same influence against him, and to presume his guilt choice--pursue the dictates of that unerring judgment without a shadow of proof. which has so long and so often benefited our country, and rendered illustrious its rulers."

99.66

Some insist that rotation in office" is a republican maxim, and that this is the ground of these removals. Here, sir, we have his unequivocal sentiments on this Here your practice is utterly at war with your principles. point. Be not the President of a party--party is a "bubProve to me how, where, and in what " rotation" is your ble," 'strangle the monster”--“consult no party in your rule. I do not find the principle in this book. It is not choice," &c. Had this President practised upon his own there. It has never been practised since the adoption of principles, he would, indeed, have gained "a name as im"Be the President the constitution, and it is not now practised. Rotation in perishable as monumental marble." office! General Harrison, minister to Colombia, was re- of the United States"--" act for the general good--for moved before it was ascertained that he had arrived at the your country." Had he acted up to this, it would have place of his destination--rolled out before he was rolled in; been the brightest laurel which ever adorned his brow. and this is "rotation in office." Miserable! No, sir, His victory at New Orleans would have been nothing to it. your rotation in office" is to roll out all who did not He has acted up to it, so far as this--republicans have been throw up their caps for the chieftain, and to roll in those excluded from office, who were not active supporters of who did. If he was your man, and as old as Methusaleh, his election, and federalists have been substituted, who and had held his office from the commencement, he is no were. Is any thing more necessary to prove that personal subject of your "rotation." But if he did not go the whole considerations govern exclusively? The inquiry is not, for Jackson, he was scarcely seated before he was unseat-what has been your conduct towards your country, but

SENATE.]

Executive Powers of Removal.

[APRIL 28, 1830.

what has it been towards me and my friends? Sir, we are if I have erred, it is the error of the head, and not of the forced to this conclusion; it is inevitable. But, if his friends heart. will give us a different account; if they will present us other facts and reasons; if they will permit us to ask the President, respectfully, his causes, and they shall be good, or even reasonable, we will take all this back, and be satisfied.

What other principle can govern?

The administration of Washington commenced on the 25th of May, 1789, and continued to the 3d of March, 1797, eight years. During that time, his removals were eleven. As this period is so remote, and there is no accurate account of the causes, it is not to be expected that I should give them. But I have, upon examination, found that one Are these removals on account of the restrictive or con- (a collector in New York) was removed, being a defaulter structive doctrines of the officers removed and appointed' to the Government. From the notes which I shall subOn roads and canals, or tariff? Prove to us that the Pre-join, it is probable that those who were in active life in sident has done this upon principles like these, and if we those days, will be able to recollect the reasons which led are not satisfied with his reasons, we will admit the inte- to the removals of the others. But it is not to be presumgrity of his motives. What his principles are upon these ed that Washington ever removed upon party grounds. subjects is somewhat doubtful. If I understand his mes- The duty of first organizing the Government devolved sage, his tariff policy is a protection of manufactures to upon him, and, in this, he was no doubt deceived in the meet foreign competition. If I am right in this, he goes qualifications of some of the candidates. Yet, such was as far as heart could wish for the protection of "home in- his accurate knowledge of men, that, after all, he was dustry." And so far as I have observed his course on obliged to remove but eleven officers in eight years. This "roads and canals," and other objects of "internal im- is a pretty good comment upon your doctrine of "rotaprovements," he has no constitutional scruples on the sub-tion in office."

ject. But be these things as they may, it is most manifest Mr. Adams's administration commenced on the 4th of that none of his removals and appointments have been March, 1797, and, during four years, his removals were made upon either of these grounds. I leave it to the Se- eleven. Four of his appointments, upon removals, were nators from New Hampshire and Louisiana to settle the annulled by his successor, Mr. Jefferson; and, I think, point between them on which side of these questions the three of the four officers removed were restored. It was President is; which would be the most republican, and believed that Tench Coxe, of Philadelphia, was removed what bearing the removals and appointments were intend-by Mr. J. Adams, from the office of supervisor of the reed to have on these great national questions. Show us a venue, on party grounds; and this single act of supposed single case where there is the least appearance of princi- proscription produced an excitement through the whole ple, and we will excuse it, whether the principle be right country; so much so, that I am told even Virginia, who or wrong, if the President will tell us that he conscientious- has never indulged at all in exacting a political test as ly believes it to be right. I have thus proved, as I think, a qualification for office, did, in this case, refuse to re-elect (but of this the Senate and the public will judge,) that for her Speaker of the Assembly, a Mr. Larkin Smith, on the President to remove and appoint in the recess, to fill party grounds, to show her resentment, and to retaliate vacancies created by him, without causes assigned, is an for the removal of Coxe. But the cause of Mr. Adams's abuse of power; that the President has thus abused his removal of Mr. Pickering, his Secretary of State, will be power, unless he gives us satisfactory reasons; and that it recollected by all. He differed with Mr. Adams on the is the right and duty of the Senate to check such abuses, policy of sending the second mission to France, persisted and to this end to call for the reasons; and that, until we in his opposition to the measure; and as this pertinacity of have an explanation from the President, this conduct is his principal cabinet minister was not to be subdued, it against the spirit of the constitution. I shall now proceed was the duty of the President to remove him. Mr. Adams, to contrast other administrations with this, and will show I believe, was never blamed for that act, even by his enethat its course is as unprecedented as it is unprincipled. mies. The principal complaint was, that he had not reIt will be well for us, so far as we can, to examine the moved him before. But if there have been instances facts, and to exhibit a brief sketch of the practice of the during our history of proscription, or what may now apGovernment, in regard to removals and appointments. pear such, these have been few, are only an exception to The history, I admit, is very imperfect, as to the causes; the rule, and can be no justification for the present course, but, from what I shall disclose, I am inclined to believe which we so decidedly and emphatically condemn. that the public will be astonished at the result. I know Mr. Jefferson's administration commenced on the 4th of full well that this detail will be entirely uninteresting to March, 1801, and continued eight years. I know it has the Senate. It is always tedious, and will be especially so been insisted that his is a precedent on which the present at this late period of the session, when every one is worn administration might safely repose. I have examined it, out with debates. Still, it is not to the Senate exclusively and it is an act of duty as well as justice to the memory to whom I address myself. At this crisis I have a much of that distinguished statesman, to redeem him from the higher duty to perform. I consider our constitution and parallel which is here attempted. The cases are so adliberty in danger. I fear that the rights of this Senate verse that it is less difficult to perceive where they differ have been surrendered. It is, therefore, due to me, and than where they agree. Indeed, there is no resemblance those who may come after me, to leave behind the reasons at all. That was a great political revolution. The parties why I was not a party to this surrender, that my name were divided upon principles, as they believed. Those may be redeemed from the reproach which, I fear, will in office were chiefly the supporters of the unsuccessful inevitably follow. It may be matter of history, an "ab-candidate. Mr. Jefferson, in his letter to the New Haven stract and brief chronicle of the times," and it is possible merchants, gives, as the reasons for removals, that it was that republicans of future days, if any there should be, right to produce something like equality. But that obmight observe the rock on which we have been wrecked, ject accomplished, his only inquiry thereafter would be, and shun the danger. It is important to contrast what has is he honest, is he capable, is he faithful to the constitubeen done with what is now doing; and to point the pa- tion?" And, when an attempt was made to remove Genetriot to the causes which have produced such effects. "Iral Huntington, of the same State, on party grounds, he shall nothing extenuate, nor set down aught in malice.' refused, declaring that he should be governed by no such The exhibit will astonish all, as the result of the research considerations. And he has publicly denied that he ever has astonished me. I have carefully examined the Exe-removed an officer because he was a federalist. Whether cutive Journals, and I believe I am correct. I have in- the facts will justify this declaration, I leave to his more intended to give a fair and impartial narrative of facts; and, timate friends to determine. It will be recollected, more

APRIL 28, 1830.]

Executive Powers of Removal.

[SENATE.

over, that, at the time, none of those officers, except mar- of the Supreme Court was impeached by the House of shals, I believe, held their offices by a tenure limited by Representatives, and barely escaped a conviction of the law. The instances were, therefore, few, where he could Senate. So near did he come to it, that one of the manaexpect to restore an equilibrium, except by removal. "Few die, and none resign.” Besides, it was believed that many offices had been created for the purpose of being filled by an expiring administration.

gers of the House afterwards pronounced him "an acquitted felon." There was, no doubt, great exaggeration in all this. It is unnecessary now to believe or disbelieve the complaints; it is enough that such was the spirit of the times. We find that, of the seven marshals removed, there were those of Vermont, New York, Pennsylvania, Maryland, and Virginia. Now, at this late period, we can find that, of thirty-six removals, there was good cause for nineteen; and we have, consequently, a right to infer that there were reasons equally good for the rest.

The judiciary act, giving to this expiring administration an appointment of sixteen judges of circuit courts, and with the promotions from district courts, &c. say thirty permanent officers, opposed to Mr. Jefferson and his policy, was deemed by him and his friends to be intended to throw an influence againt his administration. It was believed that those courts were unnecessary, and the belief Mr. Madison's administration commenced on the fourth was strengthened by subsequent experience. This was of March, 1809; and during eight years his removals not all. The alien and sedition laws" had been passed were five! Sir, it will be useless to stop to inquire into and executed, as it was insisted, with unusual rigor. It the causes. Five removals in eight years! it cannot be was believed that these laws were unconstitutional. They pretended that there was no party conflict during this were, to say the least, unpopular, and exceedingly odious. period. Though his first election was not contested, Consequently, the attorneys, the judges, and marshals, yet his second was fiercely contested. It was during the who prosecuted, decided, and executed them, became al- last war, when all the angry passions were excited, and so odious. I have heard of great complaints against pro- his rival [Mr. Clinton] received, if I do not much mistake, secutors for persecutions, judges for partiality, and mar- quite as strong a vote as Mr. Adams had at the last shals for packing juries, and vindictively executing the election. judgments of the courts. Some of these complaints might Mr. Monroe commenced on the fourth of March, 1817; have been groundless; but, considering the madness of and during eight years his were nine. We have now arparty, others were probably well founded. Now, in this rived at a period when memory will supply the defect of state of things, and with all these inducements, it might records. Of these nine, two were consuls, who failed as be fairly presumed that more removals would be made at merchants, and, therefore, forfeited their consular offices. this than at any other period of our history. Mr. Jeffer- Another, Auldjo, [consul] for insanity. This was a good son and his friends saw, or thought they saw, a policy to cause, then. It is doubtful whether, under this adminisstrengthen and give weight and influence to the opposi-tration, it would be any cause of removal, or, indeed, any tion, and to cast a millstone about the neck of his adminis- impediment to appointment. The removal of the consul tration, which would sink it. But great complaints were at Glasgow was demanded by the British Government, made at these removals. Proscription and persecution on account of quarrels in which he had been concerned. were the cry every where; and we most of us believed Another was recalled on the complaints of American citithat they were cruel and vindictive. And were I now to zens. A district attorney, of Florida, was removed for ask any Senator here, who has not examined the journals, abandoning his office, and remaining among his friends in what was the number of removals, during his eight Maryland. David R. Mitchell was Creek agent. He years, few would place them at less than three hundred, was removed, and Crowell was appointed. We all refewer still at two, and none so low as one. I am sure they collect this case. Mitchell was charged with conniving will be astonished when I inform them that, after diligent at an illegal transportation of slaves. The charges were search, I have found but thirty-six! Sir, quite as much made to the President, Mitchell was notified, and all the official patronage was thrown into the hands of President evidence on both sides was referred by the President to Jackson, by postponing the nominations of his predeces- the Attorney General, He reported the facts in the case, sor to the fourth of March last, as Mr. Jefferson had, by and on these the President removed him. Whether the removals, during his eight years. As much, did I say? decision was right or wrong, I know not; but sure I am, Yes, more, by far! for, upon examination, I find that four it was a fair exercise of Executive discretion. Of these of Mr. Jefferson's were of officers to fill vacancies created nine removals, I have been able to give the causes in seby his predecessor, which he himself had made; six were ven, and I leave it to our opponents to prove or infer that defaulters to the Government; and one was a removal of the other two were removed from political or party conhis own appointment. There were, morcover, one dis-siderations.

trict attorney and seven marshals, and these were chiefly Mr. Adams commenced on the fourth of March, 1825, in those districts where the complaints were that the sedi- and his removals were two! one, a citizen of Maine, and tion law had been prosecuted most rigorously and vindic- a personal and political friend of Mr. Adams, who was aptively. The district attorney and marshal of Vermont pointed a collector by Mr. Monroe, by the request of were removed. You all recollect that a member of Con- Mr. Adams. Charges were preferred against him, that gress from that State [Mr. Lyon] had been prosecuted, he had some fifteen years before violated the embargo tried, and punished there, for a libel, under this act. Com- laws. The charges were pending when Mr. Adams came plaints were loud and strong, that, in the prosecution, into office, and he ordered a commission to examine the trial, and punishment, he was treated oppressively. The case and report the facts. There was a full hearing; a charges might be groundless, but they were believed to report of the facts proved was made to the President, be true; and, since I have been a member of this Senate, and on this the officer was removed. The other, a marthis same Matthew Lyon has presented a petition here, shal of Louisiana, and I do not recollect the reasons of claiming redress for the injuries which he suffered. Coo- his removal; perhaps the Senators from that State can per, of Pennsylvania, suffered by a conviction under the inform us. During all the preceding administrations, the same law, and he has a petition now pending here for re- whole number of removals amounted to seventy-three, lief. Callender, of Virginia, was also a convict; and, I less than an average of two in each year. I repeat, it is believe there had been other trials and convictions, in New possible that a few may have escaped my examination; York and Maryland. Such was the public feeling in re- but I am sure that, if any, they must be very few. These gard to these and other proceedings, that not only the mi- facts furnish another comment on the doctrine of " nisterial officers of the courts, but the judges themselves, tation."

ro

became exceedingly unpopular; so much so, that a justice] Allow me to make one remark. General Jackson did

SENATE.]

Executive Powers of Removal.

[APRIL 28, 1830. not (as Mr. Jefferson did) come into the Presidency with saw much to approve; and when a President had done nearly all the official influence against him. Mr. Adams well for the first four years, I deemed it policy, as well as had no calculation of that sort, and never practised in that justice, to try him again, rather than venture upon a new way. He was quite as likely to prefer his foe as his experiment, and thus to keep the public mind in eternal friend--his object appearing to be the public interest, re-excitement. I had served two years in this Senate with gardless of himself." the present President, and though my personal partialiWhen we shall again find a President acting upon such ties were all in his favor, it was my deliberate belief that maxims, we may again hope; but "the signs of the times" he had not the qualifications for this exalted office; and I are against us. If Mr. Adams, or his friends, had, during confess that nothing has since occurred to shake this bchis four years, been contriving to throw weight and in- lief. While my judgment compelled me to fear, my parfluence against the present dominant party, there might tialities induced me to hope. When I was in the other have been some apology for this proscription. But, we House, a distinguished member from Georgia, since a Senacall upon you to point us to the case where Mr. Adams ex- tor, here, and now no more, introduced a resolution dehibited the least indication of partisan or personal attach-claring that General Jackson, as commander of the army, ment. The Secretary of the Treasury, his most power- had, in taking St. Mark's and the Barrancas, violated the ful rival, was solicited to form one of his Cabinet; the At- constitution of the United States; but my feeble powers torney General and Secretary of the Navy were retained, were exerted against that resolution. Yet the whole dewithout regard to the part they had taken in the contest; legation of Georgia, a majority of South Carolina, among and another rival for the Presidency was made Secretary whom was the ever to be lamented Lowndes, and a deof State, and his Secretaries of the Treasury and War cided majority of the Virginia delegation, voted for it. had been decided and distinguished opposers of his elec- I do not speak this as a matter of reproach against those tion. To be sure, there was less of policy than magna- States, but as proof that I had nothing against the man, nimity in this; but Mr. Adams's rule of policy was the as many of his present worshippers had. And when I good of his country, by a faithful administration of its was last elected, and took my leave of the Legislature of Government. He practised what General Jackson pro- Maine, I expressly told them that, although General Jackfessed in his letter of advice to Mr. Monroe. Never was a son was not the choice of the State, yet they must not more striking contrast, and never did contrast cast farther expect me, as their Senator, to persist in a continued hosinto disgrace and contempt than the last administration has cast this.

General Jackson, moreover, had no abuses to correct. No oppressive laws had been passed; no unnecessary offices had been created to sustain a declining party; no doctrines had been advanced and practised on, which created alarm to any one; no "reign of terror" was even pretended. There was no necessity of restoring an equilibrium; for when Jackson was inaugurated, his partisans had probably a full share of the offices.

Now, has there not always been an understanding, a sort of pledge, that, if the officer was faithful and capable, he should retain his office so long as he should remain so When the office was accepted, he was well acquainted with the practice of the Government. The policy of forty years had taught him that honesty, capability, and fidelity to the constitution, were all that was necessary to secure his continuance. He, therefore, directed his whole talents to the duties. He became unqualified for every other employment. His habits and predilections were altogether official. He was rendered unfit for every thing else. Public confidence was, therefore, his only pride, for it was his only security.

tility to his measures; that I should condemn where I must, but approve where I could. I have done, and shall continue to do so; but this system of proscription, without and against all reason, I must and will condemn.

Let us now see what has been done, and is now doing. During forty years, and under six different Presidents, we can find but seventy-three removals, not averaging two in each year. Long as the period, and imperfect as the history, we have ascertained good causes for nearly half, and it is fair to infer that there were causes equally good for the removals of most of the rest. How is it now? In one short month, this Executive removed more than had been removed for the whole forty years; and in one short year, three times the number! The heads of Departments may be set down as removals: for, considering the example of the last administration, they would not have resigned, had they not been assured that they should be removed; and the conduct of the Senate in postponing nominations, was to them a hint broad enough. We will set down five. The removals in the Departments, of principals and subordinates, must be charged to the account of the President, for all this was done under his eye. Now, reverse this system; let it be the understanding These were forty-six. The nominations of Mr. Adams, that, in a change of administration, all the officers who postponed to the 4th of March last, and thus rejected, have not favored the change are to be removed; and must be considered as the act of the Senate, by the advice what is to be the effect upon the public welfare? It and at the request of the President elect, to increase his goes to the destruction of all confidence; and every one patronage; and these were thirty-eight, making eightywho holds his office by such a precarious tenure, will take nine! A pretty good beginning. Now, it has been ascare to provide for himself by defrauding the Treasury. certained that the other removals, up to this time, have We now come to the removals made by the present amounted to not less than one hundred and fifty; making, administration; and, sir, I approach the subject more in of removals by the President, and chiefly in the recess, sorrow than in anger. When I was last elected, I enter- two hundred and thirty-nine in the first year, more than tained no prejudices or enmitics against the present three times the number removed by all former Presidents Chief Magistrate. I had no personal or political quar- for forty years. But this is not all. By an official report rels to settle; no "private griefs" to assuage; I did not from the Postmaster General, we learn that he had, at that form my opinion of his character from those who had en- time, removed four hundred and ninety-one of his depugaged in personal controversies with him, but who are ties; and as he had probably not exaggerated, to say the now his zealous supporters. Notwithstanding their cha- least, and as we know the good work is going on, it is moracters were high, and I might have been justified in be- derate to set these down at five hundred. It is within lieving their testimony, I concluded it might have been reasonable calculation, to put the clerks and other depenunder high excitement, and I made the proper allow-dants on those offices, at five hundred more. Add to these, ances. I had, moreover, no special partiality for the last the subordinate officers of the customs removed, as officiincumbent. He was not my first preference; but I knew cally reported, one hundred and fifty-one. Add to these, them both. I had witnessed the last administration, and deputy collectors and clerks in the customs, deputy marthough I saw, or thought I saw, something to dislike, I shals, private secretaries of foreign ministers, clerks in

APRIL 23, 1830.]

Executive Powers of Removals.

[SENATE.

1

dumb The reasons-we ask the reasons.

розея.

He

land and in other offices, surveyors, and others, and it is of the House. When this removal was made, there was within bounds to calculate six hundred more, making in no President of the Senate here, and no Speaker of the the first year about two thousand! Now, why all this in-House in existence. This puts the flat negative upon the dividual distress? for what purpose? Let us inquire, the President's power to remove and fill in the recess. people want light. If there was good cause, they will could not possibly appoint this officer according to law. approve; but if not, they will condemn. Why are you The whole was illegal; a responsible officer was thrust Speak. You out by arbitrary power, and another man ordered to take are but the servants of the people; and speak in a lan- our property into his custody, of no legal responsibility. guage which they can understand, and they will judge But, sir, if he had the power to remove and appoint at his you impartially. Why this dark silence? It was never discretion an officer of our own, we should have thought so before. Has your President done what he is ashamed that common courtesy would have demanded that he should of? Come out manfully, and let him come out manfully, have consulted us. But he did not; indeed, he could not; and tell us the causes; and if they are good, the people Congress was not in session; there was in fact no Congress will be satisfied. But all this seems to have been done in in existence when the removal was made: for some States Litter contempt of the Senate. We were kept together had not then elected their members. I then call upon from the 4th to the 18th March, an extra session beyond gentlemen to give the reasons why, how, and by what auall precedent. The President proceeded with a snail's thority, our Librarian has been removed! pace, and very little business was done. But our backs But we were promised "reform, ," "retrenchment," a were scarcely turned, when the fires of persecution were "correction of existing abuses," a "saving of the public kindled, and have ever since raged with relentless fury. money." The "Augean stable" was to be cleansed. But the greatest outrage of all is, that the President has This was the cry out of doors, and echoed even from the invaded our dominions, and actually removed, and in the halls of Congress. Many, I have no doubt, repeated the recess too, an officer of the two Houses of Congress! expression without understanding a word of its meaning Sir, the President had as good a right to remove the Se- or its application. I do not mean the Senators, for they no cretary of the Senate as the Librarian. This library is doubt are all very classic. And I would not now repeat the library of Congress; the purchase of Mr. Jefferson's the story, but to show that there is no analogy. Augeas, Ebrary was for the two Houses of Congress. The rules as you recollect, was some petty king of some petty profor governing it are to be made by the presiding officers vince or city of Greece. What was its name? Elis, aye, of the two Houses. The law, to be sure, gives the pow-that is it. It seems he had a stable which had always coner of appointment to the President; but so soon as he tained three thousand oxen, and it had never been cleanshas exercised it, he is functus officio to all intents and pur-ed out for three hundred years. Hercules undertook to cleanse it, (this was his fifth labor,) and he was to have, The President has no control over this library any more for his compensation, one-tenth of all the cattle-three than one of our clerks, or any stranger. We permit him hundred-a pretty good fee, equal, at least, to the salary to take books under our regulations, as we do the Justices which you are about to provide for the chief of your new of the Supreme Court and other officers; but he cannot, "law department." Well, Hercules, by turning the curany more than they, dictate a single word as to its manage-rent of the river through the stable, cleansed it in one ment or control. Instead of his having the power to single day, and then demanded his reward. Augeas redirect this officer in the performance of a single duty, it fused to pay him, alleging that he had practised an artiis directly the reverse; the Librarian has the right to di- fice. In consequence, they made war. Hercules killed rect him, and to punish him for a violation of its rules. If him, and gave his crown to his son; and here is the whole the power of removal is, in this case, consequent upon story. Now, where is the analogy? Had Hercules swept that of appointment, the President can impose on us an offi- out the cattle only, it might have resembled your case. cer of the two Houses, against the will of both. If he can You have removed the whole herd, and replaced them by remove at discretion, he can also refuse at his discretion. a much more numerous and scurvy set, and made the filth He might, consequently, return a Librarian utterly offen- ten times worse than it was before.. So much for your sive to us, who mismanaged our property, disobeyed our Augean stable.” directions, and set our rules at defiance. But, sir, this Now, sir, what has been gained by all this devastation, usurpation is further manifest, from the fact, that he can this prostration of all principle, this concentration of all never judge when the officer becomes disqualified. He, Executive power in a single chief? Once, the people of either by himself or any of his subordinates, has no right the United States would never have made their rights whatever to inspect the library, or inquire how the duties and liberties a question of profit and loss. But, even makhave been performed. He can, therefore, never knowing it a mere matter of calculation, I repeat the question, when there is cause for removal. It, with him, would al-What have we gained? Draw your comparisons between ways be a haphazard business, quite as likely to be done the present and last year's expenditures, and with all the wrong as right. The President did not, for he could not, subtlety and cunning which belongs to the head of the remove for cause. He had, when this removal was made, treasury, and what do you make? The attempt to stifle been inaugurated but three months. Now, had he devot- the truth has been detected; and it is manifest, even to the ed all his time to examining the regulations of that library, eye of a superficial observer, that your expenditures are, he would not have learnt whether the Librarian had and must be, necessarily more. The fact has been proved managed well or ill, even in three years. But, sir, we beyond controversy. But whether less or more, is not know that Mr. Watterston was not removed because he the question. The question is, Have the expenditures, be was unfaithful or incapable. We know he was both faith- they what they may, been prudent or prodigal, more, or ful and capable, and pre-eminently so. Not a murmur has just as much, as the public exigencies require? If my been whispered against him. I appeal to the Joint Com-agent, last year, expended one hundred thousand dollars, mittees of the Library, who have, from time to time, su- all for my benefit, I have no right to blame him; if he, perintended it, if this is not the fact. this year, has expended less than half that sum, and has

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But, sir, there is another reason which should have con- wasted in this expenditure one-half of this, it is a lame vinced the President that he was doing wrong, if he is apology to recur to a comparison of the two years. capable of reasoning at all. The law required that the ask you, then, what was wasted in the last year of Mr. Librarian, who was to have the custody of such valuable Adams's administration? Put your finger upon the single property, should give bonds with sufficient sureties, to be item. Do you retort the question? We are ready with approved by the President of the Senate and the Speaker the answer. In the removal and appointment of foreign

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