SENATE.] Baltimore and Ohio Railroad. [MAY 22, 1830. therefore that he took this means of endeavoring to pre- this Canal Company, on which one hundred dollars had serve it. been paid, were sold for twenty dollars; and at a period Mr. WEBSTER said he agreed with the Senator from very shortly prior to the commencement of its operations, Louisiana, in the principles laid down in his amendment the price was merely nominal, and it could not, probably, heretofore offered to this bill. He thought that the funds have been sold at a discount of twenty-five per cent., or of the General Government in works of internal improve- perhaps fifty. It had scarcely commenced its operations, ment ought to be a circulating fund, to be applied as cir- impeded as it is with difficulties, for the removal of some cumstances might demand, for the purpose of encourag- of which you have, within a few days, provided, and it aling and promoting those works in different sections of ready yields, we are told, a fair interest on the capital, the country; and when the works have been effected, the and a price less only by five or six per cent. than par. stock should be sold out, and again applied to the en- To construct an immense canal or railroad is a work of couragement of similar works. But he thought that the much time, and while in progress it is necessarily unpro disposal of these stocks required the exercise of great ductive. Few individuals have the ability to invest their prudence and discretion; because, if the market was glut- funds in an enterprise which places them for so long a peted with funds of this character, it would produce depre- riod out of active circulation, let the ultimate prospect of ciation in the price of these stocks, at once injurious to the profit be what it may. But, whenever the enterprise is so Government and the other stockholders. far completed as to return a prompt and punctual interest Mr. CHAMBERS said he had already expressed to the or dividend, it becomes at once a saleable property. The Senate his views of the merits of the bill, as also the rea- various improvements to which the Government has consons why its passage should not be delayed; and he rose tributed its aid, are not advanced to this state of maturity, at this time to make a few remarks exclusively on the and, least of all, the Ohio and Chesapeake canal, the one amendment now proposed. He did not mean to oppose indicated by the Senator from Louisiana, [Mr. LIVINGthe principle which the amendment assumed, of return- STON.] ing to the Government the sums which might be advanced These considerations had convinced him that this was to promote various schemes of internal improvement. not the period at which our stocks could be sold to advan He did not suppose the idea had any where been enter-tage. He believed no prudent individual, owning such tained, that the Government was to remain permanently property, would, under such circumstances, think of sella stockholder in the numerous corporations to which, ing it; being himself uninformed of its amount, its proba from time to time, it had contributed, or should hereafter ble future value, its present current price, and the contincontribute aid. At a proper period, and under a judi- gencies on which depended the period and the degree of cious system, he thought it was fit that the capital, so often its increase in value. necessary to bring into existence an improvement highly But [said Mr. C.] the amendment is still more objec useful in itself, and which, in its incipient stage, might fail tionable on other grounds. This system of internal imwithout our patronage, should be re-occupied, after its pur-provement can only be sustained by a fair and equal dispose was accomplished, and re-invested in some other im- tribution of the favor and assistance of the Government, in provement, equally useful, and equally requiring aid. In the proportion which the several objects may bear to the these general views, he concurred with the Senator from great interests of the country. The friends of this bill Louisiana; and if he would lay a foundation for this sys- present to your notice an object of vast importance in its tem, by procuring such information of the value and pe- relations to the Government, as well as to an immense mass culiar character of the various items of our property thus of individuals, and to many of the States. No scheme so engaged, he would unite in adopting and protecting it. grand, none of so great practical benefits, in a season of But was it wise to begin at the point whence the Senator war or in years of peace, has ever suggested itself as prac proposed to start his project? Could we be asked first ticable since the days of the "Father of his country," who to offer our property in the market, and afterwards in- first suggested this mode of connecting the Western wa form ourselves of its value? The question asked by the ters with the Atlantic by an interior communication; and Senator from Tennessee, [Mr. GRUNDY] and the answer of yet to the bill granting to this object the comparatively his colleague, [Gen. SMITH] fully illustrated this matter. small contribution of two hundred and seventy-five thou Neither of these Senators knew any thing of the value of sand dollars, in the way of subscription to its stock, it is the stock of the Ohio canal; and probably every other proposed to annex a limitation, a condition, a restraint, Senator on this floor was as uninformed on the subject. which has never before been annexed to any, the least of The same remark would, no doubt, apply to nearly all all your improvements. The Senator who offers this prostocks of the kind owned by the Government. The time vision, says he is a friend to this bill. He is, certainly, a firm had not yet arrived when these various works of internal and well known friend to fair and equal justice. Now I put improvement had been prosecuted to an extent to give to him [said Mr. C.] and to the Senate, the question, whe them the value they must ultimately command, as articles ther it be fair and equal justice to impose on this grant a of sale; nor could it be otherwise. It was only at a com- condition or restraint which has never been imposed on paratively late period that the finances and engagements any similar grant to others, either at a former session of of the Government had placed in its control the pecuniary Congress or during the present. We have for years past means of aiding in the accomplishment of great national bestowed our patronage on works of internal improve improvements, involving more expenditure than individu- ment; the beneficent arm of the Government has been exal wealth could furnish. The character and nature of these tended to sustain and cherish these objects in various operations necessarily made the day of return too distant sections of the Union, and often when no other power from the day of expenditure, to justify the expectation of could have preserved them from destruction; but to all we their being now in a state of maturity, either to prove the ac- have given our aid without this condition or restraint. Du tual value of the investment, or to command that value if of-ring the six months to which the present session has exfered for sale. The most striking evidence of this truth is to tended, we have again exerted this beneficent power of the be found in the history of one of these improvements, which Government; and in one case--the Maysville and Lexing had been alluded to in debate a few days ago. It was ton road--of a character so doubtful in the view of some then said, the stock in the Chesapeake and Delaware ca- gentlemen, that the President of the United States is said nal was worth, in the market, one hundred and eighty-se- to hesitate whether he will approve the act of the two ven dollars per share, on which two hundred dollars had Houses of Congress; yet we have seen no condition or rebeen paid. Now [said Mr. C.] it is a matter within my straint imposed or attempted. Then, why, he again askpersonal knowledge, that, five or six years ago, shares in ed, why select this bill, and make it the victim of this new MAY 24, 25, 1830.] Impeachment of Judge Peck. [SENATE. conception, never before suggested or even thought of as tensive appropriation bills that had passed already, besides a rider to such a bill. The grant asked for is moderate in the numerous applicants that were calling upon the counamount; estimating it by the object to be effected, the bill try for their just claims. He thought the nation ought to asks that it may be made on the terms on which all others, pay its just debts before it enters into further speculations without exception, have obtained it. The demand then and appropriations of money, that it was not known what is for equal and exact justice. If the object is not merito- would remain in the treasury. If a transfer of the stock rious, give nothing. But if the object be such as deserves from the Chesapeake and Ohio Canal Company would anyour countenance and assistance, (and the amendment as-swer the purpose, he would make no objection; but if the sumes this to be the case,) surely you cannot gratify this money for this project was to be drawn from the treasury, reasonable demand for equal and exact justice, by qualify- he would vote against it. ing this grant with conditions and restraints never before imposed. In all other cases a free and full authority has been given to your disbursing officer to pay from the treasury the amount subscribed; and it is not fair, it is not equal, it is not just, to restrain him, in respect to this particular case, to the proceeds of stock to be sold. What particular stock, we know not; where to be sold, we know not; and at what sacrifice it will be sold, we know not. Mr. LIVINGSTON said, that he rose to exonerate himself from the charge of hostility to the bill, made by the Senator from Maryland, [Mr. CHAMBERS.] He seemed to think it a great hardship that this bill should be selected as the base on which this system is to be founded. Now he could not see what difference it would make to that company, whether the General Government paid for the stock out of the Treasury of the Union, or by a transfer of the Sir, [said Mr. C.] the Senator from Massachusetts [Mr. sales of other stocks, invested in similar projects. The WEBSTER] has suggested the propriety of preparing for gentleman from Maryland must have been led into this the introduction of a system of selling our stocks, by ask-error, from supposing that the Secretary of the Treasury ing information to be furnished at the next session. The was only authorized to make the subscription, in the event only possible exception to it which could be urged by gen- of his being able to dispose of other stocks at par: but this tlemen who advocated this amendment, was the delay in is not the fact. The Secretary of the Treasury is requir bringing the system into actual execution. To remedy ed to sell that stock which would command the highest this objection, and to gratify the wishes of those who were price in market, and prove most conducive to the public anxious for its immediate commencement, he would sug- good. He would tell the gentleman from Maryland why gest a perfectly practicable mode of effecting their object. he was led to the introduction of the amendment to this Let a resolution be now submitted, directing that the Se- bill. It was from a careful examination and enumeration cretary of the Treasury shall sell our stocks at such peri- of the different applications that are now before Congress ods, in such parcels, and on such terms, as in his judg- for similar investments of stocks: they extended to a most ment, or in the judgment of the Executive officer of the alarming amount; and if the Government were to go on nation, will best promote the interests of the country. subscribing to these stocks, all recommended and supportThis will at once, instantly, create the system, and the ed by the same principles, the treasury would be utterly sales will be made as soon as a due regard to the public in- unable to meet the demands that should thus be created. terest shall furnish, which he supposed was as soon as The whole system would be rendered unpopular, and its any one desired. But this, he contended, should warmest friends would be reluctantly compelled to abanbe a substantive and separate legislative act. There don it. He, for one, would be forced to abandon it, if this is no more propriety in its being connected with plan of appropriating the public money to every work of this railroad bill, than the Maysville bill, the Louis- internal improvement that may be presented to Congress, ville and Portland canal bill, the Chesapeake and Dela- were persevered in. It was, therefore, because he was ware canal bill, or even the light-house bill, or, in truth, anxious that the system of internal improvement should any other bill. Those had been discussed, and decided prosper, that he introduced the amendment, believing that on the abstract merits of their respective claims, on con- it was the only mode left to save it from ruin. siderations arising out of their connexion with the great interests of the nation, their practicability, their general ble, which was agreed to, yeas 21, nays 19, as follows: utility, their cost, and the amount asked for. The friends! YEAS--Messis. Adams, Benton, Bibb, Brown, Dickerof this bill are content to place their claim to your notice son, Dudley, Forsyth, Grundy, Hayne, Iredell, Kane, upon these considerations, and will fearlessly and confi- King, McKinley, Ellis, Sanford, Smith, of South Carolina, dently abide the result of such an issue. But in their Sprague, Troup, Tyler, White, Woodbury-21. name, in the name of fair and equal justice, he protested NAYS-Messrs. Barton, Bell, Burnet, Chambers, Chase, against uniting with these considerations, others growing Foot, Frelinghuysen, Hendricks, Holmes, Johnston, Livout of a new and undigested system, touching a general ingston, Marks, Naudain, Robbins, Ruggles, Silsbee, policy of the Government, and in relation to a large amount Smith, of Maryland, Webster-19. of its funds having no affinity to this subject, a policy now started, for the first time, when less than ten days remain of a session of six months. Mr. McKINLEY moved that the bill be laid on the ta MONDAY, MAY 24, 1830. [The Senate spent the best part of this day in the consi TUESDAY, MAY 25, 1830. IMPEACHMENT OF JUDGE PECK. Seats having been arranged on the right and left of the Chair, for the accommodation of the Senators, and their seats assigned to the managers and members of the House of Representatives, and the accused and his counsel, At the hour of 12 o'clock, the Court was opened by proclamation in the usual form. Mr. GRUNDY said, the amendment of the gentleman deration of private bills.] from Louisiana had produced some difficulty. He could not agree with the gentleman from Maryland, [Mr. CHAMBERS] nor concur in the force of his reasoning against the propriety of attaching the amendment to the bill at present under consideration. If the principle be a correct one, that the fund applied to the encouragement of internal improvement ought to be transferable or circulating, he saw no good reason why this bill should not be selected as the foundation on which this system shall be commenced. He went into an examination of the different stocks which the Government had invested in works of this character, the price of the stock of the great canal in the Ordered, That the Secretary give notice to the House State of New York, and the depreciation it had undergone of Representatives that the Senate are now in their chamin value since that work went into operation, the demands ber, and are ready to proceed on the trial of the impeachthat were now pressing upon our treasury, from the ex-ment of JAMES II. PECK, Judge of the District Court of On motion by Mr. WEBSTER, it was SENATE.] Removal of the Indians.-Close of the Session. the United States for the District of Missouri; and that seats are provided for the accommodation of the members of the House of Representatives. Judge PECK then appeared, accompanied by Mr. WIRT and Mr. MEREDITH as his counsel, and occupied seats as signed them to the right of the Chair; a short time after, The managers and members of the House of Representatives appeared, and took the seats usually occupied by the Senate. The VICE PRESIDENT then asked Judge PECK whether he was prepared to answer the article of impeachment exhibited against him. Judge PECK replied, that his answer and plea were prepared, and desired that they might be read by his counsel. The VICE PRESIDENT asked Judge PECK whether the answer now to be made was to be considered as his [MAY 26 to 31, 1830. On motion by Mr. CLAYTON, to insert at the end of the said second amendment, "Provided also, that the provisions of this act shall extend only to the Indians residing within the State of Georgia"-it was rejected by the same vote. The said second amendment was then agreed to. So it was Resolved, That the Senate concur in the said amendments of the House of Representatives. [Thursday and Friday were almost wholly spent in the consideration of private bills and executive business.] SATURDAY, MAY 29, 1830. The VICE PRESIDENT being absent, the Senate pro final answer; and the Judge having answered in the affirma-ceeded, by ballot, to the election of a President pro temtive, the counsel was directed to proceed to read it. Mr. MEREDITH read the answer, (which occupied upwards of two hours,) concluding with the general plea of "not guilty." pore; and when the ballots were collected, it appeared ed fifteen, was declared to be duly clected. The Senate having disposed of every bill before it from Mr. STORRS, in behalf of the managers, moved That they have time to consult the House of Represen-ecutive business before ten o'clock P. M. and remained the House of Representatives, proceeded to consider extatives on a replication, and that they be furnished with a copy of the answer of the respondent; which was agreed to. On motion by Mr. WEBSTER, it was Ordered, That when this Court adjourn, it adjourn to meet again on the second Monday of the next session of Congress, at 12 o'clock, then to proceed with the said impeachment. Mr. WIRT desired to know whether blank summons as for the attendance of witnesses would be allowed to the respondent. The VICE PRESIDENT replied that they would. On motion by Mr. KING, it was WEDNESDAY, MAY 26, 1330, REMOVAL OF THE INDIANS. The amendments from the House of Representatives to the bill "to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the river Mississippi," was received, and, being read- Mr. CLAYTON moved that they be postponed until tomorrow; which motion was rejected-yeas 19, nays 24. The first amendment being concurred in, Mr. FRELINGHUYSEN moved to amend the second amendment, by inserting at the end thereof, "and that, until they shall choose to remove, the said tribes be protected from all State encroachments, according to the pro visions of such treaties." Mr. FRELINGHUYSEN moved to amend his motion by striking out the word "State," which was disagreed to by yeas 18, nays 25. messages from the other House, and from the President so engaged until the adjournment, interrupted only by of the United States. About four o'clock A. M. the Senate adjourned. MONDAY, MAY 31, 1830. A message was received from the President of the Unit ed States, and read, as follows: WASHINGTON, 31st May, 1830. To the Senate of the United States: GENTLEMEN: I have considered the bill proposing "to authorize a subscription of stock in the Washington Turnpike Road Company," and now return the same to the Senate, in which it originated. I am unable to approve this bill; and would respectfully refer the Senate to my message to the House of Representatives, on returning to that House the bill to authorize "a subscription of stock in the Maysville, Washington, Paris, and Lexington Turnpike Road Company," for a statement of my objections to the bill herewith returned. The message referred to bears date on the 27th instant, and a printed copy of the same is herewith transmitted. ANDREW JACKSON. The bill referred to in the foregoing message having said bill, in the manner prescribed in the seventh section originated in the Senate, that body proceeded to reconsider of the first article of the constitution; and two-thirds of the Senators present not having voted for its passage, it was rejected by the following vote: 21. YEAS-Messrs. Barnard, Barton, Benton, Burnet, Chambers, Chase, Clayton, Hendricks, Johnston, King, Livingston, McKinley, Naudain, Noble, Robbins, Ruggles, Seymour, Silsbee, Smith, of Maryland, Webster, WilleyNAYS-Messrs. Adams, Bibb, Brown, Dickerson, DudThe question recurring on agreeing to the amendmentley, Ellis, Foot, Grundy, Iredell, Kane, Rowan, Sanford, as originally proposed by Mr. FRELINGHUYSEN, 'it was Smith, of South Carolina, Sprague, Tyler, White, Woodrejected-yeas 17, nays 26. Mr. FRELINGHUYSEN moved to insert at the end of the second amendment of the House of Representatives, "and that all such tribes be protected, according to the provisions of said treaties, until they shall choose to remove;" which was rejected--yeas 18, nays 24. A message was received from the House of Representa tives, stating that they had appointed a committee, to join On motion by Mr. SPRAGUE, to insert at the end of such committee as might be appointed by the Senate, to the said second amendment, "but such treaties shall be wait on the President of the United States, and inform executed and fulfilled according to the true intent and him that the two Houses, having finished the business bemeaning thereof”—it was rejected--yeas 18, nays 24. fore them, were prepared to adjourn, unless he have fur [The publishers have been furnished with the two fol- displacing as well as of appointing federal officers, in lowing speeches, delivered in Secret Session.] MARCH 17, 1830. EXECUTIVE POWERS OF REMOVAL. opposition to arbitrary Executive discretion, and servility to Executive will; and of rendering the Senate the venal register of Executive edicts! For the freedom of inquiry into the exercise of Executive discretion and official trusts, in opposition to Executive irresponsibility, and screening the Executive from the light of truth by a suppression of free inquiry into our public affairs, as in the identical cases of removal now before the Senate. We The question being upon a resolution calling on the President for the cause of removal of certain officers, Mr. BARTON said, that, upon the important questions of the power of the President of the United States to re-contend for the freedom and purity of elections, unawed move from office, and of the Senate to restrain him in an by official punishments, and uncorrupted by official reabusive exercise of that power, depended the question wards, in opposition to removals from office for such whether we are to have, in each succeeding Presidency, causes as those above stated. a four years' despotism with an irresponsible tyrant, if he be so disposed; or a Republican Government of laws, with a checked and restrained Executive. To the discussion of these questions, [said Mr. B.] involved in the calls for information of the causes of removals now pending before the Senate, I come avowedly as a gleaner after the Senator from Delaware, [Mr. CLAYTON] and if I can find any heads of wheat, worth notice, in this clean shorn field over which he has passed, I will endeavor to gather and preserve them; but if I find none, it will be no dishonor to rake and bind after such a cradler, in such a field. Here are the issues joined between us: and from your decision, should it be against us, and against all your own former decisions of the same questions when other men were in power, we will appeal to the people of the United States, on whose behalf we contend, and who are always honest when rightly informed of the merits of a cause. These questions are of vastly more importance to the permanency and purity of our liberties, and to the great cause of free governments of laws, as contradistinguished from arbitrary governments of Executive will, than either of the Presidential questions of themselves, that have agitated this republic since its foundation; and of more importance than any question of public policy, political econ It is no longer a dispute about names, such as Federalist or Republican; Ultra Federalist or Democrat; National Re-omy, or expediency, that has divided the counsels of the publican or State-veto Republican; or any other cant words or phrases, with which to deceive the public, and rally partisans around our respective standards. It is a dispute in which is involved the preservation of our republican institutions and our constitutional liberties. The issues are now fairly joined upon the great fundamental principles of the Government, without regard to party names. The majority contend that the President has the power to remove federal officers of the class now before us, and that the Senate has no right to inquire into the cause of removal; but must presume the cause to have been lawful! and cannot restrain the President in an abusive exercise of that power, but must rely on impeaching him by the House of Representatives! nation during the lapse of half a century. These are the only questions on which I felt any desire to address the Senate. My former remarks sprang out of the occasions that produced them; but on these I feel compelled, by the verbal and written injunction of some of the great minority in Mississippi, to present their views and my own. With that minority I have had the honor to act for many years, through good and through evil report, in all the attacks made upon the constitution of the Union in that State, in the shape of relief laws; judge-breaking; stoplaws; and the loan office act-that bold attempt to issue bills of credit by the authority of a State, to retrieve the fallen fortunes of adventurers and speculators, in violation of the letter and spirit of that instrument! The minority deny all these positions except the remov- In all attacks upon that best legacy of our ancestors, the ing power for cause; and claim that the settled practice of act of Union, we have stood together, sometimes in majothe Senate shall be adhered to. That the provisional rities, and sometimes in minorities, against the powers of power of removal from office by a President, when it ex-interest and ignorance; knowing that the preservation of ists at all, is a high legal trust, to be exercised only for the public benefit, in sound discretion, for cause relating to the official conduct or fitness of the incumbent; and should not be perverted from its high purposes to those of partisan warfare, or personal vengeance, for opinion's sake, or the exercise of the elective franchise, or to make room for rewards for votes, or influence in our Presidential elections--or, in a word, to purposes of tyranny and bribe-striking at our elective franchise, the root of all our conry combined. We contend for the restraining powers of the Senate of the United States, as understood by the contemporary expounders of the federal constitution, in matters of VOL. VI.--58 its principles, checks, and restraints, chiefly distinguishes our government of law and liberty from those despotic governments of arbitrary Executive discretion that have so long despoiled the best rights of man over the greater portion of the earth. And in this most fearful of all attacks ever made upon the constitution--introducing a four years' despotism, if the President be so disposed, and stitutional liberties, we will stand together again, whether in a majority or minority, and invite all who love the President much, but love their country more, to join with us, and rally around the standard of the constitution. SENATE.] Executive Powers of Removal. That would be grossly abusing a power conferred for the public good, and corrupting the very sources of republican, elective, and representative government--the great elec tive franchise itself. A removal of this class of public of ficers is like a nomination for office, only provisional and inchoate, until it becomes absolute and definitive by the subsequent sanction of the Senate, to be given in our established and long practised manner of proceeding upon Executive business. MARCH 17, 1830. It is no question whether a President may remove, at Will any Senator here avow the opinion that these officers his own will and pleasure, his Secretary of State. That and their emoluments, or the provisional removing power was the very question before Congress in the great debate of the President, were designed as either the means of of 1789. Such an officer is the mere pen, in the hand of bribery, or instruments of punishment, in the hands of a the President, to write with-bound to do just such things candidate for the Presidency, or of a President in office, as are prescribed by the personal orders of the President, to buy votes, or punish the opposing votes in our Presi in matters for which the President himself is responsible dential contests? Not one man will avow this. as the head of the Executive Department; and consequently he must exercise his freedom of selections, or how could he be responsible? In such case, the act of July, 1789, settles the question, by acknowledging the lawful right in the President to dismiss this instrument when he pleases. Nobody would wish to force a disagreeable member of the cabinet on the President. The public interest requires harmony between them. And the Senator from Tennessee [Mr. GRUNDY] might have spared himself all his argument to prove this; for no one had denied or dis- As in nominating to office, so also in removing or disputed it. Still Mr. Madison, in the debate of 1789, ex- placing from office, in this class of the public officers, the pressed the opinion, that a wanton removal of this officer originating act is, and for the public convenience ought to of the President, and not of the public, might subject a be, with the President; and in ordinary cases and times President to impeachment—although the law had given the act of the President receives the undisputed sanction him the absolute power to make the removal-if the mo- of the Senate. All past experience shows this to be the tive could be ascertained before human tribunals: as a mo- fact, either because the representatives or Senators of the ther would chastise her boy for breaking his rattle from a person nominated or removed know his suitableness or peevish or wicked motive, or for a bad purpose. And qualification for office, or the cause of his removal, or bewhat does this opinion assert more than the great princi- cause Presidents are not ordinarily disposed to abuse their ple of our rights, that all powers conferred upon the Ex-powers; but for the security of the public, if there be an ecutive are but trusts for the public benefit, and cannot be allegation or suggestion of the unfitness of the nominee, perverted to other ends? There might be difficulty in or of the illegality of the removal, it becomes the duty of ascertaining the motive or end of the act before human the Senate to inquire into the matter; and act accordingly, tribunals; but I see none in the abstract principle advanced by Mr. Madison. It is purely republican. by an active exertion of their restraining power. One design of representation is to avail the public of the better lights from the scene of appointment or removal, than a President, pent up in the Metropolis, can have. votes heretofore; and, if possible, the causes and practical consequences of this astounding proclamation. I do not admit, for one, that the Senate can, by law, or otherwise, renounce the restraining power which belongs to their organization; but I admit that, in practice, the But let me examine the true nature and extent of the President should have great freedom in choosing and re- despotism now proclaimed by the majority; the arguments jecting his cabinet; and the act of 1789 cannot be consi- by which they attempt to sustain themselves in their new dered as going beyond that line. But the class of officers autocracy--contrary to all their arguments, reports, and now before the Senate, and their predecessors, attempted to be removed by the President, were not under consideration in the debate of 1789. This is a class of public officers--of officers of the law-whose term, tenure, and duties of office are fixed and prescribed by the laws of the land, and not by the Executive will, as in the other class. The first class are assistants to the President, and made removable at his pleasure by law. But this class of federal officers are public property, and not removable at the arbitrary will of a President. If good and faithful, the public is interested in their services; if bad and unfaithful, the public good requires their removal in the mode of proceeding required by the respective tenures of their offices, as prescribed by the known law. A dark and secret inquisition was never intended to be admitted into our institutions; nor was a refusal to tell the cause of objection and condemnation heretofore known to the genius of our republic; not even to the military, subject to orders; nor to the culprit, arraigned at the bar. The founders of the republic, and the people of the United States, when they adopted the federal constitution, were especially jealous of the powers of the President, and the encroaching spirit of Executive will. To that point all their principal fears were concentrated; and the history of that day shows that it was with some difficulty the people of the United States could be induced to adopt the Union, lest the President, with the powers then accorded to him, should become the destroyer of their liberties. Their fears of Executive encroachment were not idle chi meras of the fancy; nor were they affected from mere impatience of regulated liberty and a government of laws. To them they were devoted. The histories of all nations which had lost their liberties lay open before them; and they saw on their pages that arbitrary Executive discretion and will, availing themselves of the spirit of discord among the peo ple, and the want of firmness among their representatives, We admit the legal right and duty of the President to in governments where the representative principle was supersede, suspend the functions, or, if you prefer the adopted, had been the destroyers of national liberty term, remove District Attorneys, Marshals, Registers and throughout the greater part of the world where wild an Receivers of Public Moneys, and Custom House Officers, archy had not supplanted them, and that they had effected and more especially the whole class of our money gather their conquests by gradual approaches, and by corrupting ing agents, and such others as are made removable by him the sentinels of liberty; and the fathers did intend, and the for cause relating to their official conduct, or fitness for most of them have left this world in the paternal confidence their stations; but such removal or suspension is subject that they had effected the object, to establish a govern to the restraining powers of the Senate, on cause shown. ment of law, and of checks and restraints upon Executive The public interest and safety require that it should be so; will, in which no case should exist in which the fate of the and our institutions are conformed to the exigency. This, humblest citizen, whether in private or public life, could like other powers, is a public trust; and to pervert it from depend upon the arbitrary will of a single man. No, their its original purpose is an abuse, and not a lawful use of the fears were not idle; and with such lights before them, and power, The cause of removal generates and gives life to the then recent claim to arbitrary power urged by the the power of removal, as the overt act of treason gives British crown thrilling in their bosoms, they never would application and life to the power to hang for treason. have adopted the federal constitution without the restrain |
