reasons of them, 1 would not V understood as! to explicate persons, who are found upn a full
l,Va 'c-oiisiiiinional law. ihv power to appoint a
Postmaster at Putnam, Ohio. Ao other olin er
, ,i , I,., anv participation in the
ot the lioveniinent l"" I
i ,1... Postmaster deneral hound
nower; neither t t'u 1 " . ,
by law to submit his victor reasons m regard
to this, or other appointments, to any other
branch of the Government. His only respoi.si
i,ili,v i common with other ollieers ol the Ex
ecutive Department, bein-to the President, and
to tin? power of impeachment and trial conlided
t0 t,t House of representatives and Senate.
The case has heen treated as one ot appoint
ment merelw anil nothing lias heen said of the
removal of the former Postmaster, because, when
a new appointment is made and completed by
the competent authority, as in the case at Put
nam, Ohio, the removal of the former incumbent
takes place by mere operation of law. It results i
from the new appointment and is not separable
from it. No distinct act of removal takes place;
no order to that eliect is issued by the Depart
ment. Hut rrcardint; the removal as a distinct exer
cise of poiver, as little right in the Senate, or its
committee, is perceived to demand the realms
of it, or an inspection of the papers upon w hich
it was made, as in the case of the appointment.
Tiie power to remove is, like the power to ap
point, executive in its nature, and consequently
is confided by the provisions of the constitution
to the Kvecutive Department. No participation
in this power s given to the Senate as in the
p.uver of appointment. At an early period in
the history of the Government, the question ofi
the rilit of the President to remove an otiicer
appointed, with the consent of the Senate, was
diensed in Congress. It resulted in a decision
in favor of the riiiht of the President. The dis
cussion arose in 1759 in the House of Represen
tatives, upon a motion to strike out of the bill to
est Vdish the Departmeot of Foreign Affairs, now
called the Department of State, a clause which
ilTiired the Secretary to be removable by the
President. It was negatived by a majority of
ot t 20. .Mr. Marshall, in his life of Washing
ton (vol. 2d, page 102) remarks that
' The opinion thus expressed by the House of
Representatives, did not explicitly convey their
sense ot the constitution; indeed the express irant of
the power to tiie President, rather implied a li.iht in
the legislature to give or withhold it at their discre
tion. To obviate any misunderstanding of the prin
ciple on whioh the- oiestion had been decided, Mr.
Benson mo ed in the House, when the report of the
Committee of the Wluue was taken up, to amend the
second clause ot" the hill, so as clearly to imply the
power of removal to he solely in the President. He
ave notice that if he should succeed in this, he
would move to strike out the words which had heen I
the subject of the debate. If those words continued, !
he said the power of removal by the President might I
hereafter appear to he exercised by virtue of a legis-
lativc grant only, and consequently, be subjected to j
legislative instability; when he. was well satistinl in
his own mind that it wa by fair construction fixed j
in the constitution. The motion was seconded by
Mr. Madison, and both amendments were adopted.
As the bill passed into a law, it has ever betn consi
dered as a full expression ot the sense ot the legisla
ture on this important part of the American consti- J
tution." i
i
It seems to have been admitted on all sides in
1780, that the appointing power was competent
to remove; the objection to the riudit of the Pres
ident, on the part of the minority resting eh idly
on the non-concurrence of the Senate (which
participated in the appointment) in the act of re
moval. The solemn decision of Congress de
termined that a removal from oliii e may be made
Ly the President without the control or inter
ference of the Senate. This being the principle
in regard to officers appointed by the President
and Senate, no doubt can be entertained ol its
governing the case of a removal by the Presi
dent of an oflicer appointed bv himself alone. It
seems to follow, necessarily too, that the Heads
of Departments in whom the power of appoint
ing inferior officers is by law vested agreeably
to the constitution, may remove them without the
consent of the Senate, and w ithout being bound
to exhibit the case, or the reasons inducing the
change, to the Senate, either befoie or after the
act is performed. They possess the power of
appointing inferior officers in the same manner
that the President holds it in regard to superior
officers. In each, it is purely an executive pow
er, die exercise of which neither branch of the
legislature has a right to interfere with, or inllu
enco. The call of the committee can be sustained
on'y upon ti.e principle that the Senate alone has
a right to inquire into the reasons which induc
ed an executive oflicer to do a particular execu
tive act. bis discretion is undeniable. Give the
principle assumed the advantage of an applica
tion to a w hole co-ordinate Department of the
Government: Has Congress aright to enquire
info the reasons which induced the performance
of any Kxeculive act by ihe President, except in
the ease of an impeachment, when the inquiry
must be by the House of Representatives? Or
has either House of Congress the right to require
of the Judges of the Supreme Court the grounds
of its decision in any particular case in which it
has rendered judgment? Can either House be
required, by any power in the Government, to
stale the causes w hich induced it to remove one
Secretary or Clerk and appoint another in his
stead. L hese questions need no answer.
Whilst denying the right of the Senate's Com
mittee to inspect the letters and papers received
Livingston, McKinlev, McLean, .necessarily implies, for its proper and beneficial
tli ot South Carolina, Tazewell, cx t,,c po lo (icmanu alld ,aVe informa
Woodbury 21. . I . , . . .
ine persons and papers.
These powers, and the corresponding duties of
this Department, are fully acknowledged, and
not sought to be lessened or impaired.
1 have the honor to be your obedient servant,
W. T. HARRY.
To the Hon. Fkmx Grundy, Chairman, ccc.
by the Departm mi, respecting removals and ap
pomtmeuts of Postmasters, n, ti..
tmasters, or to examine the
iiselaiming any liability to scrutiny by the House
.if Representatives, or its committee, to which
the Department may rightfully be subject; nor as
affecting to impair that responsibility in regard
to which it is the peculiar function of that branch
ot the Legislature to originate proceedings.
The views above taken in this answer would
seem to have been entertained by the Senate ol
the United Stales in I8d0. On the 'JSih April ol
that year, the following resolutions, olfered by
Air. Holmes, were considered:
" Iicst)tvcd, I hat the lYos'ulent of the United
States, by t lie removal of officer, (which removal
was nit required for the faithful execution el" the
law.) and tilling the vacancies thus created in the
recess of the Senate, acts against the interest of the
lVople, the rights of the States, and the spirit of the
constitution.
"IcsovcJ, That it is the right of the Senate to in
quire, and the duty of the President to inform them,
why, and for what cause or causes, any officer has
been removed in the recess.
Resolved, That the removals from office by the
President, since the last session of the Senate, seem,
with few exceptions, u be without satisfactory rea
sons, against the public interest, the rights ot the
States, and the spirit of the constitution. W here
fore, "lit solved. That the President of the United
States be respectfully requested to communicate to
the Senate the number, names, and offices ot the
officers remoetl by him since the last session, with
the reasons fur each removal."
On motion of Air. Grundy, they were indefin
itely postponed, that is, virtually rejected, by the
follow iug vote:
"Yeas Messrs. Adams. Barnard. Benton. Bibb.
Brown, Dickei son, Dudley, Lllis, (huikIv, llayne, islration of the duties in the Executive offices,
Iredell, Kane, King, Livin;
Rowan, Sanford, Smith
Trnim 'IM,..- Whitn
Na'vs Messrs. Barton, Bell', Burnet, Chambers, tion; and, for this purpose, to send for and exam
v. base, i.layton, root, 1 relinghux sen, 1 ici.uric ks,
Holmes, Johnston, Knight, Naudain, Noble, Bobbins,
Buggies, S. vmour, Silsbce, Spiague, Webster, Wil-ley-Cl."
In 1331, the subject was again discussed in
the Senate, as will appear by the following ex
tract from the journal of that year:
"February 15. On motion by Mr. Grundy, the
Senate resumed the consideration of the motion sub
mitted ry him on the. Id instant, as modified, declar
ing that the Select Committee appointed to inquire
into the? condition of the Post Office Department, are
not authorized to make inquiry into the reasons which
induced the Postmaster (iemral to make any remov
als of his deputies.
"On the question toagrectliercto.it was deter
mined in the affirmative eas'J4, nays 2.
"The yeas ami nays being desired by one fifth of
the Senators present, those who oted in the affirma
tive are,
"Messrs. Barnard, Benton, Bibb, Brown, Dick
eison, Dudley, l'.llis, Forsyth, (irundy, llayne, Ire
dell, Kane, King, Livingston, Poindexter, Uobiiison,
Sandford. Smith of Maryland, Smith of South Caroli
na, Tazewell, Troup, Tyler, W hite, Woodbury.
" Those who voted in the negative are
"Messrs. Barton, Bell, Bui net. Chambers, Chase,
Clayton, Foot, Frelinghuysen, Hendricks, Holn.es,
Johnston, Knight, Marks, Naudain, Noble, Bobbins,
Buggies, Seymour, hilsbee, Webster, Willcy."
These proceedings of the Senate may be pro- u
perly deemed conclusive against the right of your j st'''
committee to as!; the reasons of the removal of
H. Sa fiord from the office of Postmaster at Put
nam, Ohio. The decision they contain, it is be
lieved, has not been affected by any subsequent
expression of the opinion of the Senate. It
stands, therefore, an unimpaired affirmation bv
the body from which the committee derives its
authority, of the correctness of the position I
have assumed.
The powers of investigation conferred upon
the committee, in ISoO, to which the vote of the
Senate denied the right of inquiring into the rea
sons of removals, were as extensive, it is believ
ed, as those possessed by your committee; and
amongst these was the power to send for and ex
amine persons and papers.
If the reasons for the removal may be proper
ly withheld liom the committee, it can have no
riuht to an inspection of the letters and papers as
ashed for. To say that the Department may
withhold the reasons, and yet shall submit the
letters and papers that may contain them, would
be a conclusion to which it is believed no one
can arrive.
The impropriety of yielding to an indiscrimi
nate call for letters and papers, is obvious to all
who will reflect upon the subject. Aluch of the
correspondence of the Department is necessarily
examination to be entirely innocent. 1 he put
Mention of such papers w ould be an act ofcrue.
injuslir e, as well to the accuser as to the accused,
and put neighborhoods at enmity that are now in
peace and harmony. If the Postmaster General
.should yield loan unlimited call for papers, all
confidence will be withdrawn from the Depart
ment. Depredations and defaults of every de
scription w ill take place, not only on the part of
Postmasters but of contractors, and other agents;
the power of restraint over subordinates, will, to
a great extent, be at an end, and the wholesome (a(,s
control, now exercised, will cease to exist.
It is not supposed that the principles which
forbid that 1 should be called upon to give to the
committee an inspection of the papers respecting
an appointment and removal, deny in any man
ner its right fully to examine the condition and
affairs of the Uepartment, as directed by the res
olution of the Senate. This examination has
been and will be cheerfully aided by me. Nei
ther is it in any manner urged that the reasons
which show the freedom of the Department from
the influence or interference of the Senate, or its
committee, in respect to appointment, exempt it
from any examination which, in the opinion of
cither House of Congress, the proper discharge
of its legislative duties may make necessary.
The right fully to investigate the affairs and
transactions in every office of the Government, is
incident to the power of legislation possessed by
Congress, since the power to make laws, regula
ting and (when necessary) reforming the admin
TarlirirougIi,from four-horse post-conri-i
weekly, lo a milky mail once a vvetk
The advantages of this route to the truv
idling public are too manifest, almost, t0
need commentary; traversing a country
'hrough which the best natural roads il,
the world nre to be found, affording
tnost direct and speedy communication'
between Norfolk, the most importm,
naval station in ihc Union, and the whole
of the Southern and South-.t....
We believe that the nrm.nwt
alteration will have a most unfortunate
influence upon the interests of a l,,pre
portion of the people in the Southern por
tion of the Union, without producing any
very important benefit to the Department
A memorial has been forwarded lo the
Post Master General by a portion of our
citizens, which, wc hope, will have ornt
influence in preserving this important
line of mail communication.
in?
ski i 1
rrt
in its nature, strictly confidential, and the injunc
tion is imposed by the writers. They do not
usually consider the importance of separating
confidential matter from that which is not so.
Hence, in many cases, the same communication
contains both, and it would be impossible to sep
arate them. In such cases the Postmaster Gen
eral could not, with any degree of propriety,
yield the paper. Were he to do so, all confi
dence between him and his correspondents would
be at an end. Facts, and the opinions of indi
viduals of credit, and respectability in the neigh
borhood, respecting the conduct, character, and
capacity of persons in office, and of applicants
for appointment, would be withheld from the
Department. No one w ho regards his domestic
comfort and the peace of his neighborhood, w ould
venture to state matter that would lead to recrim
ination, controversy, and litigation. In cases of
mail depredations, which often lead to removals
from office, it is all important that the Depart
ment should invite free communications both as
to facts and opinions. Hy ibis means it is ena
bled to make discoveries. It often happens that
In these inquiries, w hich are daily going on, cir
cumstances are conimunicated that would seem
Fill DAY, OCTOHER 24, 1S31.
JWe regret to learn that the Cholera is
prevailing at Washington, and that it has
nude its appearance in Petersburg, Va. The
statements, however, are so vague and unsatis
factory, that we decline publishing them.
(jpWe inert in the preceding columns a
coriepondenee between the Chairman of the
Tost Office Commillee of the enate and the
Postmaster General, (together with somestric
ture of the Globe,) concerning the removal tfa
Postmaster in Ohio and the appointment of bis
successor. In consequence of the refusal of the
Postmaster General to comply with the request
of the Committee, they have declined the fur
ther prosecution of their enquiries, and adjourn
ed. Major Harry has certainly given some ve
ry substantial reasons for declining to couiply
with the request of the Committee, but it will
be impossible to form a correct r pinion as to the
merits of the case until we hear the report of the
Commillee, which probably will not be made
public before the meeting of the next Congress.
Stale Klfclions. In Georgia and New Jer
sey, the Administration party maintain the as
cendancy, and likewise in Pennsylvania, so far
as heard from. We regret t. learn that in Phil
adelphia and vicinity numerous acts of violence
and outrage occurred, unprecedented in the
annals even of party violence. At Moyamen
sing, fire arms were used, and 17 or IS persons
wounded, several of them mortally some pro
perty was also destroyed. As usual, both par
ties cast all the blame of these disgraceful trans
actions upon their opponents.
The Opposition have carried the day in Con
necticut and Delaware. No returns have yet
heen received from Ohio. The New York e
lections will also shortly take place.
(OWc insert to day the Prospectus of t,e
"North Carolina Standard," the new poer ;1.
bout bning established at Raleigh. The follow
ing favorable notice of the proposed publication
is taken from the Washington Globe.
The North Carolina Standard.-
We invite the public attention to dm
Prospectus of the North Carolina Stan
dard, which will be found in our columns.
The gentlemen who has determined to
establish the Democratic Press at t ho
Seat of Government of North Carolina,
is already advantageously known to the
People of that State as an editor of "rent
talents irreproachable probity of en
thusiastic attachment to the Republican
! principles of the Jrflersou school, and as
peculiarly qualified lo maintain them by
his energy, boldness, and his single-hearted,
disinterested patriotism.
Mr. White w as one of the early and
efficient friends of Gen. Jackson, when
! (irsl named for the Presidency. He his
! been for some years abroad, as a Parser
in the Navy, but has resigned that lucra
tive situation, to devote his talents to sup
port the cause which has. su Ion; received
the sanction of bis State We trust he
has returned lo his old avocation with re
newed vigor ami unshaken fortitude; for
he will find a new foe in the field, which
has every where? directed its secret poi
son to sap the energy of h' Republican
Press, and subject it to the aristocracy.
Wo believe, if Mr. W hile casts a look
around him, he will find all the Demo
cratic prints (with a few honorable ex
ceptions) which once labored wirH him ill
North Carolina, devoted to the interest of
the foreign Government, w hich has un
dertaken, through a Board of Directors
at Philadelphia, to dictate to Congress
control the elections, (even that of the
Chief Magistrate,) and which has daied
loseizc and confiscate- the public treasure,
in defiance of nil the public authorities.
We trust the friends of the Democracy,
in every section of the Union, will make
an effort to extend the circulation and in
crease the patronage of the North Caro
lina Standard. The character of the ed
itor, and the position he has taken, ren
ders the success of his undertaking of
great importance to the Republican cause.
Slate Revenue. As an evidence of
the promptitude and punctuality of those
entrusted with the collection of the Rev
enue of our State, we state that every
Sheriff has settled his public account at
the Treasury this year within the time
prescribed by law. We have also tho
pleasure of stating that the amount of
Taxes collected fully meets the expecta
tions of the Treasury Department.
Hal. Star.
Extract of a letter from a frieud in
03s We fully concur in the opinions express-! Louisburg, to the Editors of the Halifax
u m uie louowing arneie lawen srom the 1 a'
ettevil lc Journal. Much dissatisfaction has been
manifested, and expressed through our columns,
against the proposed alteration, even by the most
decided friends of the Administration. We can
but hope thai the attention of the Postmaster
General may he directed to this subject, which
we think is all that is requisite to insure a con
tinuance of the present arrangement.
Mail Contracts. As the period ap
preaches for again letting the Mail Con
tracts, we avail ourselves of tin? occasion
to express our regret that the Post Mas
ter General has determined on reducing
the mail facilities between this place and
Advocate, dated, Oct. 11th, 1834.
"Our Superior Court terminated ihis
morning (Saturday,) The trial of Gilli
an Tharp, for the killing of Alsey Den
ton, was taken up on Thursday morning,
and occupied nearly the whole day, when
the case was submitted to the Jury, under
the charge of the Judge. The Jury did
tiot agree until some time in the night of
Friday, when a verdict of manslaughter,
was brought in. The Judge sentenced
him to be imprisoned until the 1st day of
January next, but at the request of the
profession, the imprisonment was remit