V1
THE WE
SEN- GAELEAj.
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PUBLISHED. KVEUY SATURDAY O-tAOOIOi OiUlH AIIID iJJl 02AiaiPtfDn IPIBWMiaDiaOVoL.lS, No. 47-Vh1c No. 777.
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AT TWO DOLLAK A YEAIt, ft T mitlTn V JVAIlTir P A ROT TV A A mTT or - iqo ' Of Two DolfnJ Tiny CcnU,
irrtidiaAdfance. HALIblJUHY, IV Oil III CAROLINA, APRIL 25, 183 Anmhe piniu. r a aihi
Tlie Western Carolinian.
UY A8IIDEL SMITH k JOSEPH W? HAMPTON
TMM Of Fl LICATIOt,
1. The W'nCra Carolinian is pablirhsd every 8a
tiidit, at Two iVillsr per imiuiii if paid in advmcs,
or Two IMIirs ami I'irtv Cnu if ih( paid before lha
expiration of three nssiihi.
2. N'l saner will be diwoniinued until ill trtvtrtgM
art paid, snlesi at til diar retain of lit Kdiinr.
& Subacriptiona will mil be received for lm time
thin one year; and a hiUui U notify tbe Kdiior of a
with to discontinue, at Hie end of a year, will ba cmiii.
dared aa a h emagi-incnt.
4. Any perm wIki will pmcure mi subscribers to tlic
Carolinian, and lake tli trouble In collect and transmit
hair suhscriptiua-iiMioi')- to Ilia Editor, sliall Lata a pa
per (rati during their continuance.
6. (fJT Persons iilrhte4 la Ikf l'Jilrrr, my frmtmil
la aim through IS Mad, il hia tikfrotnilr4 (Ary if ft
Ik trkwucMf mrnt of aay rtrjtrluUt frrmi to ysutr
that $iuk fcmtifnc rf rt jularly uuuit.
rnm or auvraTiHiKu.
1. AiTvertieuiuuta will be cvouMialv and timr.U
ly innrrtid, at ') crnU (K-r Mjuar fr tin lirt ituwrtum,
and ceulu Cr rarli cuuluiunnre : but, whrre an ad
irtiiK'iin'nt la ordi'rvd to jfo in mily (wire, .K) ctn. will
b chared for raih iinwrtnni. If nrtli-rrd erne in
Prtxni ouly, Will in all cr be charged:
'i. Perauii) who uraire to oniraae by the voir, will be
avouirmlaled by a rentunabic deductuai fruni theabuva
cuaryi.-a for traiuuent cutmi.
to coiRKaroNDirra.
1. To inaure prompt attentKm to letter aJdretaed
o the K-liUrf.the pnauge afwxild in all raaea be paid.
EXECUTIVE PATRONAGE.
REM AH KM OP MR. CALHOUN,
On Ike Ildl lo rtfrl Ik Four IVart iir, and to rrgu
' lalt Ik fmerr of rrmotol. -
Mr. CAFilHH'N anid, the question involved in
the third section of the hill, whether the power lo
dissuiia an officer of the government can be con
trolled and r-gulated by Congress, or ia under (he
exclusive and unlimited control of the Freaident,
i no ordinary question, which may be decided
either wav, without materially effV-ting the cha
racter ami piactieal operation of tlie government.
It is, on the contrary, a great and fundamental
question ; on the decision of which will mnterinlly
depend 4he fact, whether this government shall
prove to be what those who framed it supiioscd it
wns, a free, popular, and Republican Government,
or a monarchy in diagniae. -
This important question, ss.id Mr. C, hm been
very fully ana ably disnuaaed by those who huve
preceded me on the side I intend to advocate. It
it not my intent torn to repeal inair arguments, nor
to eivforoa (ham by addiluMiai illustration. I pro
pose lo confine myself to a single point of yiew,
but that point I hold to be ducunre-of the qnee
If the power to dwtnise poasesand by the. Ex
entire, hetmist hold- it hi ne of two mode ei
ther by an express grant of the power by the
Couetilwlioa, or a a pojicr necessary and proper
to execute some iower expressly granted by that
instruuient. Alt ihn posrenrunder the crmsntution
may be classed under one or the other of these
heads; there ia no intermediate class. The first
qucKtiou then la.'ha Hie President the power In
question by an express grant in the constitution :
tie who affirms that ha has, ia bound to show it,
That inblrumerit ia in the hands of every member ;
the portion containing thW'Jelegalion of power to
the Presidont i short. It is comprised in a few
-Wntenceail aski the- Sena ta-opea the enn
titutioa, to examine il, and lo find, if they can,
any authority gimr to the President to dismiss a
public officer. None such can be found ; the con
stitution hoi been carefully examined, and no one
oretenda to have found such a irrant. Well then,
iIwm I, imiki mu-ii-iX n aumia.ai au. Ji.jnmu.1
. . . ....... r .. . .
exiat aa a power neceanary and proper to execute
nme Kmnted power; not ll it wuista in that cba
"ractef, St tftlnng to Ctmg;re aiid not to the Eae
cuttve. 1 venture not Una astterlioo . haMtily : 1
apeak on the authority of the cimnliluiioo itaulf-
the eipreaa and uuquiva;ul aiiiuonty wliicn can
ol bo deuied jiur cuiUradiclod. . . .Ueiir what that
aacred initrumeut anvai " CiHigresa aliall huve
power to wake all. 1" which ahull be ncceeMry
and proper for carry ing into execution the foregoing
powers," (those granted lo Congreaa itself,) " and
all other power vested by thia conalitulimrin the
ni.ua.nmutii nf ihn United KluliM. or in anv demirU
' ' I W. ' '"I Ijf- ' I
mcnt or oITice ihcreof." Mark tlio fullne orthfej
expression. CongrcM shall have the power to
make all laws, not only to carry into effect the
TrrwW-BprBlwita lattiKuvJbu.t mm. M
legated lo the government, or any department or
office thereof: and of courso comprehends the pow
cfTurt the. powers expressly grunted to the
live DertnWtrrttfu1!awBDf ; course, thnfr-toj
whatever xpress jrant ol power to ine executive,
(he power ojf dismissal may be supposed to attach;
whether to that of seeing the law faithfully execu
ted, or to the atill more comprehensive grant, a
' eotttendod lor by aoma, yeatng Executive, power
n I he President, lha roerw fact that it ia a power
appurtenant t another, power, and necessary to
carry it into efftjct, traoafers it,-by the provisions
AjjaiojUutiQitcite
Congress, aod places it under the ponlrol of Coo
grosa, to be regulated in the manner which il may
judge bestr If there b froth in reasoning m p
liticai subjects, the coacluaion to whicb I hara ar-
ri?ed cannot be resiated, t I would entreat gentlevl
men who are opposed to me, aaul M r, IX, to pause
and reflect j and to point out, if possible; lha alight
est flaw in the argument, or, to find a peg on which
to hang a doubt. , Can ibe deny that alt powersj
tinder lha constitution are; either power specifical
ly granted, or powers necessary and proper to
carry such into execution! Cat it be aaid that
there are inherent powers comprehended in either
of these classes, and existing by aveort ef divine
right in the government b 9finator Trorn I.
irMitgia)tenipttjo!ttbiisi
ucb poaitioo, but the moment that my Cnltcaffue
kmched U villi lheatr of Irutli, be (Mr. W.)
ahrutik from the deformity of hi own con-cptioo.
Or can il be aaaerlfd Uiat hre ire powerarjorirrij
fmm oUijwtiotn higher (fun the coio-dlulM-o itarlf?
The rery ifiiiniaiion of aurh a aource of power
hurh-d from office the prrdercaaor of the prearnt
liM.iiinlecit. Dut if it cuiinol bo di oitid that the
(Miwera uixlrr the conalitotiun are compnaed under
one or the cliicr of lln.an cliiaaea, and if it ia ac-
kiMwlrdgfd, aa it ia on at) aide, that the power of
diiiu.-l ia not trririiailiy giaulrd by tin' cooatt
lotion, it follow, by irreiiniile and a n:reaary
cr)iiw(iieitre, that the power U-lotiga not to the
Eieculive hut to ('ongrraa, to Im regulated and
conlrolloti at Ha nleaaure.
I would be gralilied, aaid Mr. ('., that any one
who entr-tlaina an ojixile oiiikhi would attempt
le refute ihia argument, and lo point not wherein it
ia defective ; and aurh perfect cotifxlenco do 1 feel
in ita aouiHieaa, that I will yield the floor to any
Senator who rray riae and aay he ia prepared to
refute it. Ilure Mr. Tahnadge, (nun New Vork.
ruae, and aaid that he waa not aaliafied with tin-
argument and would allcni to ahow ita error.
Mr. C aet rhwn for tlie
purpose of riving him an
opportunity, when Mr. r. began a formal speech,
on the aolyect generally, without attvinpling to
meet Mr. a argument, when the latter arose ami
said, that Mr. I. had mistaken him; that he did
uot yield the floor for the purpose of enabling Mr.
TTTd make a speech, but to enable him lo refute
the argument which Mr. C bad advauccd, ami that
ii .nr. i . wa noi prepared 10 no ao, lie, Mr. c,
would proceu in the disru'ston.l
wr. v. proceeoerj und aaid: ITie armrnvnt on
which I have replied, has been alluded to by the
Henator from Tennenaee (Judge White,) ami my
friend from Kentucky, who nits before me (Judge
Kill,)aml the enalrtr feoin I ihwh- (Mr. (Jruu-
dy,) whom I am sorry mt lo hca in hi pluce, at
tempted a replv. lie objected to the argumeul,
in tlie ground Ihnt the coimtnx-tKMi put upon the
clause of the conxtitution which has been quoted,
would diveat the President of a power expretmly
granted him by the Constitution. I mut,anid Mr.
eipreaa' my amaxemeiU that oue au clear aixhl.
ed and ao capehle of appreciating the just force of
an argument, would give auch an anawer. Were
the power of (liHiniwal a granted power, tho argti
mcnl would be sound ; but a it is not, to contend
thai the construction would divest him of the pow.
er, h an assumption w ithout Ihe slightest founda
lion to sustain it. It is his construction, in fuel,
which divest Gmgreea of an expressly granted
power, and not ours which ilit!l ,ht.prr..i...V.r.,
by this he wouiu use iroiu
Mia we wouiu laae iron. oiiurr:- nm nuiuoinj
expressly granted of paming all laws necessary and
proper lo carry into effect the granted powers, un
der tlie pretext that the exercise of such power on
Hie part ot Uongreus would oivest ine r.xccuuveoi
' - r. . i- . .1 ' ' --r
a power no where granted in tlie ..onstijution. ;
I feel, said Mr. C.;thnt I must apjwar "fo" repeat'
unnecessarily whal of itself is so clear ami wni4e
as lo require mi illustration . but I know the otwli
nnry of party foetinj nnd pircojKasved-)rrrtoiMt,
and' with what difficulty they yield to llie q leu rest
demonsl rations. Nothing can overthrow them but
repeated blows.
Such, said Mr. C, are the arguments'' by which
I have been forced to conclude, that tho power ol
disinisxing is not lodged in the President, but is
auhject to be controlled and regulated by Congress.
I say forced, becatrse I have been compelled to the
cimclusion in spite of my previous impression.
Relying upojt Jbo earjy decision ..ibe question
and the lon aoquleacene in that'tlecUtoo, I hod con
cluded, without examinatioo, that the decision had
mil been disturbed because it rested upon principles
too clear and strong to admit of doubt. I remained
passively under this impression until it became ne
i .l- . .
cp.SMrr. aunnir ine last session. 10 eninioc iuc
ijt Ih.ejas
l look u
question, when 1 took up the discussion ot. US, with
the expectation of havrng-mv previous jiupres-sioos
eMi(irmeJ....,Tbj i. 'remit, a difficult.; I was itruck
on reading the debate, with the superiority of the
argument of those who contended that the jxiwer
was. not vested by the Constitufion to the Execu
tive. To me they appeared to be far more atales
man tikeT tfean Inapposite argument, and parta
king much more of the spirit of prophecy. After
reading this debate, I turned to the Constitution,
which I read with care in reference to tho subject
discussed, when, for the first time, I was struck
with the full force of the clause which I have quo
ted ; and which, in my opinion, forever aettloa the
controversy.
will now (said Mr. C.) proceed to consider
what will be the effect on the operation of the sys
tem under the construction Pwhicn I have gtvetr;
In the first place it would put down all discretiona-
therranraihM
raws nnd not of discretion. If the construction bcl
established, no officer, from the President to the
Constable and front the Chief Justice to tho low
est judicial officer, could exercise any power but
what is expressly granted by the t'oniitution or hy
aome,Ajct oi.Congwwk .AiKl.4liU8.Jui&tbjbin
a free state ia most odioua and dangerous of all
tilings, the discretionary power; of those who are
charged with the execution r-bTTlneTawVwitt W;
effectually suppressed and the dominion of th la ws
befiiHv established. " '"".?" " 1 !" '' .."J'
It would, hi the next place, unite, harmonize,.
and blend into one; whole; air the powers of the go
vernment and prevent that perpetual and dangerous
tflicthicLwou!d rwesaari ly exist bet ween t he
departments of this Government under the opposite
construction.
rermit eacn department to juage oi
the extent of its own powers,, and to assume the
right to exercise all powerswhich it may dcero ne.
eeseary and proper to execute the jpowerS. granted
to it, and who does not see, that in tact the govern
ment would consist of three independent, seperate
and conflicting departments, without any common
point of. union, instead of one, united authority con
trolling' tho whole ! Nor would it be difficult to
see. jn what this contest between conflicting de
partmetita would lerminata. Tlie Eicutie muat
neevail over the irlher dtmarlinenla.1 '. W.lkil !)
concurrenra the art ion of th othur dVparfnaiita
are impotent if neitHertW rVereea If the Court,
nor the acta of Congreea, can be executed but
through the Eeculive authority, ami if the Phnn.
dvnt be perrmttid to amume whutevrr power he
may deem to be apportion! lo In granted power,
ami to decide according lo Lia will ami plVawire,
and ou hiaowo reaprMiiUlilv, win tlu r (le dociaiiHi
of the Cairla or the itcti of Cotign-ni are or are
not conmtmt with the rigUla which lie inny arro
gate to liimaelf, it ia impo-mMe not to that the
authority of the kgndalive and judirial deparineiila
would bf under hi rontrol. Nor i it difficult to
w-e that if he may add the power of dimruaaal to
ittat f appMitling, ami lima aaaert unliiuiied eon
InJ overall who hold office, he would lind but little
difficulty in maintaining himarlf in the moet extra
vagant amumpiion of Kwer. We are not without
eerience on thia aubjoct. To whal but to the
(iilae and dangeroua durtrine ajrainM which I am
contending, ami into which the prrarnt Chief Ma
giHtrnle ha fallen, ere we lo attribute the frequent
confficia botween the executive ami the other do.
partinenla of the government J and which o aironjf.
ly illuatrales the truth of what I have stoted f I'll-
tier the oppiaute and true view of our system, a
theae dungerooe iara and conflict would cease. It
unit the whole in one, and the legislative become
aa it ought to be, the centra of the system the
stomach aod the brain, into which all t's taken, di-
gesled and assimilated, and by which the action of
ine wnoie i reguiateo uy a comnum intelligence,
ami this without destroying the dial met and ind
nendrnr functions nr ihfl narfa. FjiPn is left in
possession of the power expressly granted by the
conxtiiution, and which may l executed without
the aid of the legislative demr1mefl ; ami in the
exurciso of which there i no possibility of coming
into conflict with the other departments, while nil
disrrelioi'ary Kwer necenwry to execute the gran
ted, in the exercise of which the separate detri
ments would necessarily come into conflict, are, by
a wise and beautiful provision of the constitution,
tramtferred to (Vmgress, to be exercised solely ac
cording fo its discretion, and thus avoiding, as fur
as the departments of the government are concern
ed, the mstsibilily of collision b"tween the parts.
By a provision no less wise, this union of power in
Congress, is so regulated, as lo prevent the legisla
tive from alsonliiig the other departments of the
government." To guard the executive against eft.
croachment of Congress, the President is raised
from his mere ministerial functions lo a participa
tlie Constitution, his approval is required to the Sets
of Congress ; and his veto, given him as a shield to
protect him against the encroachment of the legi
illative department, can arrest the act of Congress,
unlt'M pnsspd by two-third of Mh Ihsisee and
here let me say, thai I cannot concur in tho rcao;
lution offered by my friend from Marybwdi (Dr
Keut) which proposes o divest the Executive of
his veto. I hold it to be indispensable, and, that
maiuly on the ground (hut the constitution fins ves
led in Congress the high discretionary power under
consideration, 'w1ih;(i, out !r the Veto, however in
disiensable for the harmony and. unity of the go
vernmont, might prov destructive to the indeprn
dence of the Pi evident, lie must indeed be a mot
feeble and incompetent chief magistrate, if, aided
by the veto, be would not have auflicient influence
lo protect bis necessary "powers against the en
croachments of Congress nor is tho judiciary. left
without ample protection gajpi. itenffhmenta
of CimgressT TWl
the jmlges hold their office and tlie rigHlif the
court lo pronounce when a case come before them,
upon the constitutionality of the acts of Congress,
as far at least as the other departments are con
cerned, affords to the judiciary an ample protection.
Thus" all tile departments are tmited m one, so a
to constitute a ample eovemmnnt, instead of three
dh4inct.-Krjerateahd?eoninicti
out Tmrsririrrg their seperale ami distinct functions.
while at the same time, the peace and harmony of
the whole are preserved.
There remains, said Mr. C, to be noted,nother
consequence nut less ftnjsirlt- -.Tbe construction
for which I contend, strikes at the root of that dan
gerous control which the President would have over
all who hold office, if the power of appointing and
removal, without limitation or restriction, were
united in him.. Let us not be deceived by riamcs.
The power in question is too great for a Chief Ma
gistrate of a free State. It is in its nature an im
perial power and if he be permitted to exercise
it, his authority must become as absolute, as that
oftrwAms'eTW
the power to dismiss, at bis will and pleasure with
out limitation or control, ia to give him an absolute,
and unlimited control over the aubsishnice of ulinoKt
all who hold office under, Irovemment lot him
have the power, and thVsixty thousand who now
bold emnlov mcnt underCovernment, would become
dependent upon him for the means of existence j ofj
that -vast multOuxle, may venture to assert, mat
lucre, ara.vry feyi wfvose lubawtence does not more
or less depend upon their public employment.
Who does not seethat a power ao unlimited and
despotic, over thia grfat and powerful corps, must
tend to corrupt and dlbase those who compose it,
and to-eonveH them into the supple aud willing in
struments of him who wields it T And-here let me
WrMir(sM r.-J7ihsl-'4meHteem-tinlairly-represented
in reference Wthis point. I have been
charged, to assert, that the whole body of office
holders are-corrupt, debased and subservient!-
With, what views, those who made this charge, can
best explain , I have made no such assertionnor
could it with truth be made. I know that there
are iriany virtuous and high, minded citizens who
hold public office, but it is not "therefore the leas
true.that tb tendency of the powe of dismissal is
such as I have. attributed to it and that if the
power be left unqualified, and the practice be eon.
tinued as of late, the result must be the complete
corruption and debasement of those in public env
ploy. ' What, (Mr. C aaUd.) baa been that power
ful cause that has wrought, that wonderful change
which aiatory teaches us has occurred, at diAaiwut
ptModa, ia the character of WlloniT What lias
Lowed down that high genius and chivalrous foel.
ing tliaf inde pendent aod proud spirit which char
acterixed all free States, in rising from tlie barbarous
lo the civilized condition T and which finally coo
varied them into Use sycophant and flatterer 1
Under lha operation of what cauae did lha proud
ami stubborn conqueror of the world the haughty
Uoniana, sink duwo to that low aud servile debase,
mmit, which followed the decay of the BepuUic !
What but die mighty cauae which 1 am consider
ing T the power winch one man sierciard over the
fortuoea and aulwiatenrr, the honor and alanding of
all lluw in office, of who attired to nublie employ
incut ! . Mao is Mlnrally proud and independent,
aud if be les these noble qualities in the urn ureas
of civilization, il is berauar, by lbs concentration
of power, ho who controls the Government becomea
deified in the eye of (hose who live and expect to
live liy it bounty. Instead of resting their hopes
on a kind ProvioVnce and their own bone! axer
ttona, all who aspire, are laughl to believe that the
most cprtuin road to honor ami fortune, is senility
and flattery. We already experience its coroding
ojs.' ration. With the power of Executive patro
nage, and tlie cm.lrol winch the Executive has
established over those in office, by tlie exercise of
thia tremomlous power, we wilocss inxsig ourselves
I lie progreaa of litis base and servile spirit, which
already presents ao striking a contrast between the
former and present character of our people.
Il is in vain to attempt to deny the change. I
have marked its progress ita a thousand instance
within the last few years. I have M.-en the spirit
of independent men holding public employ, aink
under (he dread of this dreadful power. Too lion
eat and loo firm lo become the instruments or fl.it
turers of power, yel loo prudent, with all the con
sequence before lliem, lo whisM-rdiaapprobntion of
wluit in (heir liearia they condemned. Lei the
present itale of things continue let it be under,
stixxl that none are to acquire the public honors
or to attain them but by flattery and base compli
ance, and in a few generation tho American char
acter will k'come utterly corrupt and debaaud.
Now is the lime to a r real this fatal tendency,
much will depend upon the vote on the measure
which is syiw before you. bhould it receive tlie
sanctifsi of this body and the other branch of the
Legislature, and the principle lie now catablialied,
that the power of dismisHul is subject to Iw regula
ted by the action of Congress, and not aa is conten
dangerwinc'n"Wi,N.'?lstJ nCvbe.?jiviifrsi Aw
system may yet be arrested. The discretionary
and despotic power, which the I'residerrt fcae -s.
sinned lo exercise over sll in tlie public embiy
uteiit, wouU Le aubject ta the control of law;
and public, ofl'ioers, instead of considering tliem
solves as tho. mere. agenta of the Executive depart
ment, and liable to be disnimsod at bia will and plea
sure, without regard lo conduct, would be placed
under I lie protecion of I lie laws.
Hut it is obtiictod by the Senator 'rom 1 enncseee,
(Mr. (.rundv;) that I he const roct ion for whir h I
contend would destroy the power of the Presidont,
and jirrest the action of the Government. i most
be permitted to express my surprise (said Mr. C.,)
that such sn objection should come from thai ex
perienced aud sagacious Senator,. He seems en
tirely to Airget that tlie PrewdMit, not only poases
scs executive powers but also legislative, and that
hA in ntf milv i hi..r num,llilA. h.it lark narf rl
tnerawmaUnr'p
the President bar bu Veto T And that no law can
be passed, which would improperly diminish the
authority which ought to belong lo him as chief
magistrate without his consent, unless passed against
his veto by two thirds of both houses! An event
which it is believed had not occurred, since the
commencement of the Government, and the occur
rence of wliich- is-niglily improliatisW - flbw tbw
can jt be asserted that .lfie construction tor wnicn
I contend, would destroy the just authority of the
President ! Every proposition lo regulate and con
trol the power of dismissal would become a. ques
tion of expediency, and would he liable to he assail
ed by all wno iiMghf suppose that' h wonM Impftir
improperly the power of the chief magistrate ; and
seconded as they could be, by the veto, if necessa
ry, there could be but little danger that restrictions
too rigid would be imposed on his authority. The
Senator from Tennessee also objects that the mea
sure would be impracticable, ar.d asks with an air
of triumph, what would the Senate do,' if the rea
sons of the President should be unsatisfactory !
, I do not (said ,J!fr.'A3t lgf J?ili:J.hlh?..
think that the Senate can or ought ..to continue to
reject the JjoroinalU
.ajejMJhj.oasm-wJe has been dismissed shall
be restored. . I believe that course 'To - jj;
cable ami thai in such a struggle the resistance of
the Senate would he finally overcome. My hope
is that the fact itself that the President must assign
reasons for removal would of itself go ftr to check
tbs abuses-aahieh HwisWl -caHwint ihtnlr that
any President would assign to "the Senate as a rea
son for removal, that the officer removed was op
posed to htm. on party gronndsv Buch wths) de
ceptive character of the human heart that it is re
fonc.iled to do. many things ursr plausible cover;
ing which it would not openly avow ; but suppose
tbere-should-be- President who vuld act. upon
the principle of removing on a mere difference of
.opinion, without any other fault in the officer, and
who would be bold enough to avow such as his rea
son, Congress would not be at a loss for a remedy,
the principle for which I contend. A law might
be passed that would reach the case. It might be
declared that the removal by the President, if bis
reasons Should not prove satisfactory; should act
merely as a suspension to the termination of the
next ensuing senson, uniesa uueo oy ine auvice auu
the consent of the Senate. . ' ; ?
The Senator from Tenne-sea has conjured up a
state of frightful collision between the Executive
od the dumiated officers, and baa represented tb
Senate Chamber as the arena where this conflict,
anus be carried on. lie soys If b PrsaiikBt
should bo bound to asajg I'm reasons, the party die
miaaed would of right have a claim to be beard as
to the truth aod correctness of tbnasj reesona, and
tlial the Hamate would have its whole lime sigroas
ed in listening to the trial. All this is merely i ma
gum ry, if tha President on bis part should exercis
the power of removal wnb discretion and justice,
inch be ought, and with which all the predeces
sor of the present chief magialrale have in fact
exercised il. Iloe I suppose if a measure, such
ss is now before lha Senate, bad been in opa ration
at lha commencement of tlx Government, that l be
father of bi country a man no leas dislingoiaed
by bis moderation than bis wisdom, would have
pericoced the least emUrraaaownt from its opera,
lion ! Does bs suppose that the dismissal of aim)
officer in eight years during lbs Presidency, would
have given all thai annoyance to him and Ihia bo
dy, which the Senator anticipates from the meas
ure ! Would there have been sny difficulty in the
time of the elder Adams, sithcr to himaelf or to 1
Ibe 8enei, from the Ion officer whom he dismiss.
ed during his Presideiicy ! Would any have been
sxpenoAood during Mr, Jefferson' Presidency of
eight Years, even wiih the forty two whom ba die
missed 1 or in the Presidency of Mr. Msdiaou, that
mild and amiable man, who in eight years of arrest
excitement, of which nearly three were a period of
war, oisnusseo out live omcers T Vr during the
Presidency of Mr. Monroe, who, in eisht years.
dismissed but nine officer! Or of the yrjongvr Mr.
Adams, who in lour years diimiased 'but two offi
cers I Looms now, aaid Mr. C, to the present ad.
ministration, and here I concede, that with the dis
missal of GUI) office ra in the firal vsar, and I know
nut how many since, the scene of trouble and diffi
culty both lo the President end Senate, bich I be
Senator from Tennessee (Mr. Grundy,) painted ia
such, lively colors, would have occurred! bad the
measure been in operation, this however constitutea
do objection lo tho measure ; but to the abuse ( the
gross and dangerous abuse of the power of duoiiaa
al which it is intended to correct. It ia a recom
mendation that it would Impede and embarrass the
abuse of so dangerous a power. Tlie more mime
rou and greater the impediment, in such sonars
tlie better. 1 apprehend, aaid Mr. C, that the Be
nator fmm Tennessee, (Mr. Grundy) entirely mis
conceives the operation of the measure, under a dis
creet and moderate administration. Under such a
one the charge exhibited against aa officer would
be transmitted to the accused ; would undergo a re-
4rwlwiiti'i.,U MaMWMa CW wntvu
before the charge would be acted on. If sustained
and the officer bs discharged, (ba w bole proceed
iuga would accompany Ibe nomination of the sue,
censor, s allowing the grounds on which be was ,
dismissed. ...
- Uuring the tune, said Air. Lethal I occupied
the place of Secrttary at W ar, under Mr. Muoroe,'
two otFicers of I h governinent, holding' civil em
ployment, connected, with that d pertinent, were -dismissed
for improper conduct ; and in both cases
lbs course which I nave indicated waa adopted.
Th o (Titers were not dismissed until after a full
investigation, and the- reasons for dismission redu
ced to writing and communicated to them.
Dut the Senator from Tanneaaee (Mr. Grundy,)
further objects, thai the construction for which we
contend would concenUate all power of the govern- .
ment in Congress, and would thus coosfjiute lha
very essence of despotism which consists, as he as
serts,' in -uniting tne- powers or turThree iftmett-;
menta in eoci-1 ould, said Mr C-, hardly have
anticipated, thai one whose conceptions are so clear
on most subjects would venture ao bold aa assertion.
Ha not the Senator reflected on the nature of tlie
legislative department in our system. To make a
law, it is necessary not only .to have the participa
tion ol the two Houses, mil that also of the Execu-
1.. . - v. m . wucn, -
has been . stated, Ihe measure must be passed br
iwo-tniros oi man nouses, lioes tie not see from
this that lo vest Congress, as the Constitution baa
done, with all (he discretionary power, is In vest
tho power . not simply in (lie two houses, but also in
the Prurient fiindte in fact to require the concur.
re nee of both IJcpartments to tbe exercise of such
high snd dangerous powers, instead of leaving it to
each sepcratnly, aa would havs been tbe tact with
out this wise provision ! I will tell the Senator that
it ia the doctrine for which he, and not that for
which we contend, which leads to concentration--
a doctrine which would leave to each department
lo assume whatever power it might choose, and
which, in its necessary effecti, as has been shown.
would concentrate all the powera c? tbe 'evefn-""
ment in the Chief Mapisrrata. "Thia wwm lm
been going on under our eyes rapidly (or the last
few vean'Mina'yeTnn'ie gentleman who"
now to
tration, looks on with perfect indifference, not to say
wiro approbation, we nave, said Mr. I;., lost alt '
sensibility ws have become callous and hardened
urJer the -operatio f tboe deieterioii practicee -
and principles which cbflractcrwe the times.-What"
a few years since would have shocked aod roused
the whole community, is now scarcely perceived or
i en. nen me uianiisaai ih a lew UK ons loeraoie
officers, on .PSrgrnonds, rar was supprjeedf waa
followed y a general burst r indignstlon "fbiit "
avowed that the public offices are the M spoils of '
the victors," produces scarcely a sensation; ft pas.
kes as ao ordinary event. -r.r 1
1 Tie present stale of the country, said Mr. C, '
was then anticipated. - It was foreseen as ftr back ,
as 1 820, hat the lime would come when tbe income
of the government and the number of those in ita
employ jwould be doubled, and that- the control eV
the President, with the power of dismissal, Jvould
become irresistible. All of which waa urged fa
an inducement for reform at that early period andi
as a reason why the administration then j power
should be expelled, and times opposed to them I Souls)