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4147

H. OF R.]

GALES & SEATON'S REGISTER

Harbors, &c.

[MAY 17

steamboats to undertake, at a very high stage of water, sufficient appropriation be made at this time, or if a passage through the dangerous and devious channels tive assurance could be given that a sufficient sum that the river has formed through this wild region; which, be appropriated at the next session. No such as after surmounting difficulties calculated to appal the most can be positively given; therefore it is best for y fixed resolution, they have effected, at great risk and ex-at once, and let the Executive officers know wh penditure of money and labor. be done. I am assured it will be utterly useless

As a question of expediency and interest, this amend-mence with a less sum than $50,000, and that an a ment presents itself in a still stronger point of view. All al $50,000 must be granted or the work must be s the land on each side of the river, where it is obstructed ed. To permit that, will be neither economical by the raft, is the property of the United States. Nearly dent. The necessary number of workmen will all of it is annually inundated. In a conversation I have be employed in the States bordering on the Oh recently had with the superintendent, I am assured that and transported to this distant part of the countr at least 500,000 acres will be reclaimed; information ring the time they are collecting at some place of obtained from other sources justifies me in believing that vous, and on their passage to the scene of their the calculation is not an extravagant one. This land is tions, they must be at the expense of the Gov of the first quality, peculiarly adapted to the cultivation and the salaries of superintendent and agents a of cotton, corn, and tobacco, and is already in great de-on. It is also difficult to procure, at the time mand. Since it has been generally known that Congress wanted, a sufficient force for such a purpose. had determined to remove the obstructions to the naviga-fore, it is a matter of the greatest importance to tion of this river, the country has been filled with par- if possible, the dispersion of an effective body ties or individuals, exploring every quarter, all anxious after they are collected and accustomed to the lat to acquire land, and establish themselves on it. There done, and the discipline necessary to be maintain cannot be a doubt, if this appropriation be now made, The difficulty, expense, and trouble of again that, as soon as the surveys are completed, or so advan-transporting, and maintaining three or four hundr ced that a portion only of the lands can be brought into men will be enormous. Then why not make th market, the sum now asked for will be returned ten or priation at once? No part of the funds will b twenty fold into the treasury. This is not an appropria- from the treasury until the month of October tion, like many others in this bill, that will only benefit large portion will not be wanting until the latte the country generally, from the increased facilities and the winter or some time in the spring. Then prosperity that is given to a particular section: the ference can it make, on the score of economy property adjacent is exclusively the property of the na-nience, whether we appropriate at this time th tion; its increased value will be for the benefit of all, and sum that will be necessary, or only give half nov the further and more substantial advantage will be obtain-remainder at the next session of Congress? It w ed of converting into a populous and healthy region, a wanted in the course of the next twelve months desert on your southwestern frontier, now annually pre-a dollar will be drawn earlier out of the treasu senting a wide waste of water, and, when the floods re- prompt action, or by delaying half the busin cede, inhabited by wild beasts, noxious reptiles, and in-eight or nine months. By making the approp this time, the proper officers will know what t to do, and the resources upon which they can de

sects.

Upon a full review of the necessity and pra of this improvement, its importance in a military mercial point of view, and as a question of deep not only to my particular district, but to the cou erally, no substantial reason, in my humble j can be offered against the adoption of the amer

After Mr. GARLAND resumed his seat, the qu put, and the amendment adopted: Ayes 68, noc The following additional items were then moved and rejected, viz:

Since the exposition made by my colleague, [Mr. WHITE,] in presenting his motion to increase this appropriation to $50,000, no objection seems to exist to that sum; but some gentlemen appear startled at the large increase asked to the sum reported by the Committee of Ways and Means. But a slight attention to the facts will show the propriety and economy of making a sufficient appropriation at once. The estimate submitted by the committee was based upon information from the Engineer department, which at the time was not sufficiently ample, but it was not, as I understand, in the power of that department to give other information. Subsequent and better estimates and information have been obtained, which make it indispensable that the sum originally proposed should be increased to the amount proposed by the gentleman from Missouri. It is now ascertained that it By Mr. EWING-for a survey of the obstr will require $100,000 to complete the work in the man- the two branches of White river, Indiana, $10, ner it should be done; and, considering its great impor- Mr. CARR proposed an amendment to the tance and the disposition already manifested by this com- appropriation of the sum of twenty-five thous mittee, there is no doubt it will be ultimately appropri- to improve the navigation in the Indian chut ated. The only question is, Shall it be done at once; or shall we only put half the necessary sum at the disposition of the proper department, and appropriate the remainder at the next session?

By Mr. HAWES-for Pond creek and sev creeks in Kentucky;

By Mr. WATMOUGH-for an additional pier bor of Delaware city, $1,000;

the falls of the Ohio river.

Mr. C., in a very brief and explicit manner, urged the propriety and utility of improving tion of the falls; he stated that a survey had b A brief recurrence to facts will, I believe, convince that the Committee on Roads and Canals had the committee that the whole appropriation should be the Department for a copy of the survey, and made now. It is well known that the climate, and the estimate of the amount necessary to make th peculiar character of the obstructions intended to be re- ment asked for. Mr. C. said he had been inf moved, will only allow of the work being done at partic- the Department had requested Captain Shre ular seasons of the year, when the waters are high and an estimate of the probable amount which it the country healthy. I am informed by the chief engi- to improve the navigation through the falls neer and the superintendent that it is contemplated to put tage, but that he had not been informed whet as large a force as possible at work early in the next sea-timate had been made and forwarded to the son, perhaps in the month of October, and to complete on Roads and Canals or not. Mr. C. said he the whole work in the course of the ensuing spring, if a lit his bounden duty to offer at this time the

MAY 19, 1834.]

Forlification Bill--Savannah (Geo.) and Ontario county (N. Y.) Memorials.

[H. OF R.

Objection being made, he moved for the suspension of the rule to allow of his making his motion; which motion prevailed: Ayes 99, noes 35.

which he had proposed. If the estimate had not yet ing Monday, in order that the Hall might be cleansed, been made, he presumed that it would be done immedi- the carpet taken up, and a covering of matting substiately. If so, it would be presented to the House for its tuted in its place. action previous to the engrossment of the bill. Mr. C. said that, in frequent conversations which he had had with Capt. S. on this subject, (in whose judgment he confided much,) he had given it as his opinion that, with the sum of twenty-five thousand dollars, the obstruction which now impeded safe and easy navigation through the falls, could be in a great degree removed. It was also the opinion of other gentlemen of experience in matters of this sort, that, with the sum asked for, the navigation might be so improved as to render the passage of flat-bottomed boats and other vessels of ordinary tonnage, safe through the falls throughout the greater portion of the year.

Mr. WAYNE wished to modify the resolution by adding that the House should thereafter meet at ten o'clock in the morning; but dissent being expressed, he did not press the modification.

Mr. VAN HOUTEN and Mr. PARKER opposed the resolution, and it was advocated by Mr. HAWES; when the question being put, it was carried: Ayes 95, noes 39. The House then adjourned.

MONDAY, MAY 19.

SAVANNAH (GEO.) MEMORIAL.

The memorial from the inhabitants of Savannah, ap

Mr. C. adverted to the vast commerce which was carried on upon the Ohio river, and to the deep interest which was felt by the agricultural community and others, in relation to the contemplated improvement: he spoke of the large number of flat-bottomed boats which annually descended the Ohio, laden with the productions of proving of the removal of the public deposites, coming the cultivators of the soil, and of the enormous tax which up as the unfinished business, On motion of Mr. WAYNE, it was ordered to be the owners of them were liable to pay for a passage printed, with the names attached thereto, and laid on the through the canal. Mr. C. was of opinion that one-half table.

the amount which the owners of boats which descended the Ohio river are liable to pay, within the term of one ONTARIO COUNTY (N. Y.) MEMORIAL. year, in the way of tolls, if they all passed through the The consideration of the memorial of the inhabitants canal, would so far remove the obstruction which now of Ontario county, New York, with resolutions adopted impedes the navigation, as to make the navigation both by them, against the removal of the public deposites, safe and easy through the falls, at least so far as the flat- which had been postponed to this day, next coming upbottomed-boat navigation, and boats of ordinary tonnage Mr. DICKSON rose, and addressed the Chair as follows: of other descriptions, are concerned. Mr. C. said it was Mr. Speaker: I have been requested to present to the the opinion of many persons with whom he had conversed, House the memorial of more than three thousand of the some of whom were gentlemen of much experience, to electors of the county of Ontario, in the State of New improve the navigation of the falls in the manner in which York. That is one of the oldest counties in western New he understood it was contemplated to be done, and de- York, having been organized in 1789, and then embraced positing the rock which would have necessarily to be re-a territory which in 1790 contained only 1,075 inhabitants, moved from the channel so to be improved in a proper but, in 1830, a population of 397,332, and embraced 13 manner, that, so far from injuring the canal in the slight-counties, and several congressional districts. The presest degree, it would have the contrary effect; that the ent county is unsurpassed in the fertility of its soil; it is condition of the canal would be improved by it. Mr. C. essentially an agricultural county, well cultivated and imsaid that this was a matter of so much interest to so large proved, interspersed with numerous merchant mills, some a portion of the country, he hoped the small sum asked manufactories, and some pleasant and flourishing villages. for would be granted. Canandaigua and Geneva have often been admired by the The two bills were now laid aside, to be reported to traveller, and may be justly reckoned among the most the House. On motion of Mr. POLK, the committee then pro-mechanics, manufacturers, merchants, and professional ceeded to consider the

FORTIFICATION BILL.

Mr. POLK explained his purpose to be, to move to reduce the item "for the preservation of Castle island and repair of Fort Independence, in Boston harbor, from $34,758 to $17,594.

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To strike out the item for a fort on Throg's neck, East river, New York, $100,000;" and, also,

"For a fort at Grand Terre, Louisiana, $50,000." The first item was taken up, and a discussion took place, in which Messrs. GORHAM, POLK, PARKER, and R. M. JOHNSON, took part, but which was not brought to any issue; when, on motion of Mr. THOMAS, of Louisiana,

delightful villages in the State. The county has many

men. Its location is healthy and pleasant, and its popula tion virtuous, industrious, intelligent, and enterprising. Its prosperity, for six or seven years previous to the last fall, had been unexampled; and real estate, within about two years previous to the last summer, had advanced in value from seventy-five to one hundred per cent., and met with a ready sale at such advanced prices; produce bore a high price; the farmer, the mechanic, the merchant, and the manufacturer, were pressed with business, and amassing wealth; plenty crowned the labors of industry, gladdened every heart, and spread a smile over the land. The memorialists represent that, since the first day of October last, and in a few short months, those scenes have changed, and they complain of the stagnation of business of every kind, of the absence of a circulaThe committee rose, and reported the bill for the pres- ting medium, of, the reduced price of lands and products, ervation and repair of the Cumberland road; and also of the want of employment, and of a derangement of all "a bill making additional appropriations for the improve- the business relations of life. And, sir, I am credibly inment of certain harbors, and removing obstructions in formed that the depreciation in the value of lands and and at the mouth of certain rivers, for the year one thou-agricultural products has been great; and of the latter, sand eight hundred and thirty-four," with the amend- from twenty-five to thirty-three per cent. "In the abments; all which, as well those rejected as those agreed sence of other causes that could produce such fatal efto in committee, were ordered to be printed with the fects upon the common interests and prospects of the people, the memorialists are constrained to ascribe the exist

bill.

Mr. MERCER asked leave to submit a resolution that ing difficulties" to the removal of the public deposites the House on Thursday next adjourn over to the follow-from the Bank of the United States and its branches to

4151

GALES & SEATON'S REGISTER

H. OF R.]

Ontario county (N. Y.) Memorial.

[MAY 19,

the State banks; thereby disturbing that general confi- become a precedent in all future time for a similar dence, whose existence is absolutely necessary in the busi-cise of power; and I did suppose I had a right to ness transactions of every commercial country. A few that all who believed in the injustice of their r months since, our villages, our cities, our whole country, would agree with me. presented one joyous scene. Now scarcity and distress fill the whole land; murmurs, complaints, remonstrances, and prayers for relief, are heard from all parts of the Union. When the seven United Provinces of Holland became independent, so low were their affairs, and such the various affections and motions of men's minds, that on their first coins they ordered a ship to be stamped, laboring among the waves, without sails or oars, with these words:

Injustice can never be productive of blissful quences; never will sound policy, or correct morals, the maxim of revolutionary France, that "the end fies the means." Yet have I heard it remarked, by able members, that the deposites ought not to hav removed; that their removal was impolitic, unwi unjust; that, had the question been submitted gress, their removal would not have been advis yet declare that, having been removed, the future ites ought not to be made in, or restored to, th Our great and noble ship of state, wafted along for of the United States. I cannot well perceive the co many years by prosperous gales, has been suddenly over-cy of such opinions, as I cannot understand why m taken by a tempest, dismantled, deprived of her main-impolitic, unwise, and unjust, in their commen mast, sails, and oars, and, like the ship of Holland, it is could become wise, equitable, and just, by th yet uncertain where the Fates may carry her; whether tinuance.

"Incertum quo Fata ferant."

she will be wrecked, or outride the storm. It is believed The removal of the deposites i shall consi by many she will be wrecked and lost, unless manned with treat, as an act of the President. He had de a new crew and a new commander. It is worthy the at- they should be removed previous to the 31st day tempt of all to save her, and restore her to her former last, as appears by the letters of the late Secretar prosperous, happy, and glorious condition. And what In his message of the 18th of September last he has occasioned such distress, bankruptcies, and remon-"The responsibility of decision is thrown upon t strances, and so much endangered the vessel of state? utive branch of the Government by law; and he Is it not the removal of the public deposites from the the responsibility." It has been said in debate Bank of the United States? Until such removal we heard the most intimate personal and political friend nothing of distress and scarcity, and there never was a time of greater abundance, when the citizens of the country generally were better enabled to meet all their engagements, than on the first day of October last.

President, [Mr. GRUNDY,]"that the removal posites was emphatically an act of the Chief M He has caused it to be done; and whatever of blame is due to the transaction, the greater port I consider the question of the removal and restoration It well suited his station, when he said, I take th of the deposites wholly independent of, and having no ne-sibility of this measure on myself." "I take the cessary connexion whatever with, a recharter of the bank; bility!" words of fearful omen in a republic; wo and that a vote of both Houses of Congress, declaring the er in the mouth of a James the 1st of England. reasons of the Secretary for their removal insufficient, is declared that "to dispute what God may do, is bl equivalent to an order for the restoration thereof. The so it is sedition to dispute what a King may first concerns the preservation of the public faith, the duty of Government under an existing contract or charter; the last the expediency of entering into a new contract with the bank, and of granting to it a new charter. One is a question of strict law, of national honor, and of stern justice; the other is a question of public policy, of sound discretion, which the bank has no right to demand, and which the National Legislature may grant or refuse, without any violation of principle.

plenitude of his power." To effect their re fiat removed William J. Duane, and appointed? for the execution of a single, predetermined, sp Had he refused, his increased salary and official would have ceased. Another would have been and have suffered; and another, and another, u complying sentiments and congenial mind ready to execute the Executive mandate.

Yet 1

In the removal of William J. Duane, late S The removal of the public deposites is not a question the Treasury, the President violated the cons of bank or no bank, but is a question as to the violation the United States. I deny that he has any pow of national faith, sacredly pledged by charter; a question constitution, to remove any officer to whose between the Executive and the people, of a violation of ment the concurrence of the Senate is necessary law, of a violation of the constitution, of an assumption it has been maintained by the chairman of the of power by the Executive; and whether to his power, of Ways and Means that he has. The enlighte by the veto, to enable a minority of Congress to defeat man, patriot, and orator, Patrick Henry, in th the will of the majority, as well on questions of expe- tion of Virginia, called to consider and adopt diency as of constitutional doubts, shall be added as well tution of the United States, expatiated on the the power of the purse as of the sword. I therefore the President's powers, and pathetically warne deny that the simple question of their restoration, founded the danger of his enslaving America, and s solely on the sufficiency or insufficiency of the reasons President may easily become a King." given by the Secretary of the Treasury, is the only ques-nor did any one in the convention, suggest, o tion for our decision. To determine whether they ought that the President had the power of removal f to be restored, we must consider as well by whom re- Luther Martin, the pride and boast of Maryla moved, how effected, by what power and authority, at intellect and talents, and a member of the conv what time, and for what object, as for what reasons. If framed the constitution of the United States, in it shall be shown that the removal of the deposites was to the House of Delegates of Maryland, in Jan effected by the President by a violation of the constitu- rendering his reasons why he opposed it, cont tion in more points of view than one, of law and of duty; members of Congress ought not to be eligible to that it was a usurpation of legislative and judicial powers, remarked, "the President having the power I cannot hesitate to declare the deposites ought to be re-to all offices, it must be evident that there is stored; that a vote of the House against their restoration security for the integrity and independence of would be an approval of all the Executive had done, and lature; but that they are most unduly placed

MAY 19, 1834.]

Ontario county (N. Y.) Memorial.

[H. OF R.

Again: in relation to "the powers of the Executive," and adopt the constitution, the power of removal was dehe further remarked: "To that part of this article which nied, and not claimed by any one; and Governor Johnstone gives the President a right to nominate, and, with the and others asserted that "no body can disqualify but that consent of the Senate, to appoint all the officers, civil and body which creates." military, of the United States, there was considerable opposition; it was said that the person who nominates will always in reality appoint; and that this was giving the President a power and influence which, with the other powers bestowed upon him, would place him above all restraint

or control.

mentary on the constitution. Alexander Hamilton, one of Such power is denied by the Federalist, that able comthe most able constitutional lawyers of this country, whose mind, for its power, perspicacity, and accuracy of discrimination, has been seldom equalled, and never surpassed; who was one of the members of the convention that "In fine, it was urged that the President, as here con- framed the constitution, and of the convention of New stituted, was a king in every thing but the name; that York for its adoption, and took a very active part in both; from his having the appointment of all the variety of offi- who was for a strong Government, a Senate, and Presicers in every part of the civil department for the Union, dent, to serve during good behaviour, and who feared and who will be very numerous, and, in their connexions, rela- dreaded the want of energy in the Executive, declared tions, and dependants, he will have a formidable host," the consent of that body [the Senate] would be necessadevoted to his interests and ready to support his ambitious ry to displace as well as to appoint. A change of the Chief Magistrate, therefore, would not occasion so general a revolution in the officers of Government as might be expected if he was the sole disposer of offices.

views.

"That the army and navy, the officers of which, from the highest to the lowest, are to be appointed by him, and dependent on his will and pleasure, and commanded by him in person, will, of course, be subservient to his wishes, and ready to execute his commands; in addition to which the militia are also entirely subjected to his orders. That these circumstances combined together will enable him, when he pleases, to become a king in name as well as in

substance.

evidence of his fitness for it, a new President would be re"Where a man, in any station, had given satisfactory strained from attempting a change in favor of a person more agreeable to him, by the apprehension that the discountenance of the Senate might frustrate the attempt, and bring some discredit on himself.

"Those who can best estimate the value of a steady administration will be most disposed to prize a provision which connects the official existence of public men with the approbation or disapprobation of that body; which, from the greater permanency of its own combination, will, in all probability, be less subject to inconstancy than any other member of the Government."

"It was further observed, that the only appearance of responsibility in the President which the system holds up to our view, is the provision for impeachment; but that when we reflect that he cannot be impeached but by the House of Delegates, and that the members of this House are rendered dependent upon, and unduly under, the influence of the President, by being appointable to offices of which he has the sole nomination, so that, without his that framed the constitution, no one was made for a sepaAmong all the various propositions in the convention favor and approbation, they cannot obtain them, there is ration or division of the power of appointment and remolittle reason to believe that a majority will ever concur val. It seemed to be universally conceded that they were in impeaching the President, let his conduct be ever so concurrent powers, to be exercised by the same person or reprehensible; especially, too, as the final event of that persons, unless otherwise provided by that instrument. impeachment will depend upon a different body, and the And it is a remarkable fact, that, in the convention which members of the House of Delegates will be certain, should framed the constitution, in all the conventions of the peothe decision be ultimately in favor of the President, to ple called in the different States for its consideration and become thereby the objects of his displeasure, and to bar adoption, in all the essays written to ensure its rejection or to themselves every avenue to the emoluments of the adoption, the President's power of removal from office Government. The Senate being constituted a privy was often denied, and never maintained or asserted. council to the President, it is probable that many of its Such a power, in appropriate and express terms, is no leading and influential members may have advised or con- where given in the constitution, as it is presumed it would curred in the very measures for which he may be im- have been, if intended by the framers of that instrument; peached; the members of the Senate also are by the sys-for, surely, such a power, given to one man, "ought to tem placed as unduly under the influence of, and depen- rest on the solid basis of the consent of the people." The dent upon, the President, as the members of the other construction that it was given to the appointing power, is branch; since they also are appointable to offices, and more natural and more probable than that it was given to cannot obtain them but through the favor of the President. the Executive; as in legislation, the same power is reThere will be great, important, and valuable offices un-quired to repeal as to enact laws.

der this Government, should it take place, more than suf- A much more natural conclusion is, that it was a casus ficient to enable him to hold out the expectation of one omissus; that the power was reserved to the people; or of them to each of the Senators. Under these circum-even that the officer, whose term of office was not limited, stances, will any person conceive it to be difficult for the held during good behaviour, than that the power of remoPresident always to secure to himself more than one-third val was given to the President. of that body? Or, can it reasonably be believed that a dent was never asserted until the debate in the Congress Such power of the Presicriminal will be convicted who is constitutionally empow ered to bribe his judges? These considerations occasioned a part of the convention to give a negative to this part of the system establishing the Executive, as it is now offered for our acceptance."

If he so much dreaded the President's agency in appointments, how much more would he and his associates have dreaded his sole power of removal. In that, his prophetic vision would have seen a subversion of all the powers of the Government; yet he nor any one of his gifted associates never suggested, and probably never dreamed of the existence of such a power.

In the convention of North Carolina, called to consider

of 1789.

That Congress decided the President had such power; the House, by a small majority, and the Senate by the casting vote of the then Vice President.

Two circumstances concurred to produce such decision:
The great popularity and goodness of President Wash-

ington.

the Government, which many feared was nerveless and To give strength and energy to the Executive arm of powerless.

John Adams, the then Vice President, and who gave power, as well of appointment as of removal, to the Presi the casting vote in the Senate, wished to give the sole

H. OF R.]

dent.

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He was opposed to the provision in the constitu- Robert Filmer, who advocated the divine right of kings, tion which associated the Senate with the President in the maintained that no man is born free, and that Adam was appointment of officers. That law of the Congress of a king from his creation. Yet I cannot believe our wor1789 has never received a judicial construction, and is by thy President intends to insist that he is a lineal descendmany deemed unconstitutional and void. ant of Adam, and a prince of the blood, inheriting empire, Usage under the law for upwards of forty years may be and, from his birth, entitled to all Executive powers, as urged as evidence of the power of the President alone to the term "original" would seem to imply. He seems to remove officers; such usage is a sufficient apology for all claim the same power of removal from office as that exerrors, as well of the heart as of the head, although no ercised by the British King. There, all power of apconstitutional justification of the exercise of such power pointment to and removal from office is vested in the of removal. Usage is only of use in the construction of sovereign; the King is the fountain and the source of all existing admitted laws of doubtful meaning; but laws and honors; but in this country no one is born to govern, with usage both, in violation of the constitution, however long continued, can never give right or power.

the robes of state upon his back, and the sceptre of empire in his hand-the people are the only sovereign, the depository and the source of all power, and no officer can exercise any authority or power not derived from them; their delegation of such power must be clear, indisputable, and fully expressed."

The reasons given in the debate in the Congress of 1789 for the President's power of removal from office resolve themselves into one, except arguments derived from expediency, which are of no avail in establishing an express grant of power; that was, that by the constitution, But is the power of removal purely an Executive the Executive power was vested in the President, and the power? It is no more so than that of appointment or power of removal from office was an executive power, and election. The power of appointment and removal is a belonged to him. The clause of the constitution is in power belonging to the people; it is a trust that they may these words: "The Executive power shall be vested in a delegate to such man or body of men as they think President of the United States of America;" which clause proper. It has no more necessary connexion with the confers no power, prescribes no duties, and in no way de- Executive than with the Legislative power. The Legisfines what are executive powers. It only designates the lative power designates the laws that are to govern the officer who is to execute the executive powers granted state or country; the appointing and removing power and conferred by the constitution, and points out one of does not execute, but only designates the persons to the great departments of the Government. The constitu- execute those laws, and when the designation is made tion declares, that "the Judicial power of the United the power ceases. The removing power only declares States shall be vested in one Supreme Court, and in such who shall not execute them. It is not a power ever vigiinferior courts as Congress may, from time to time, es- lant, ever active, like the Executive power. If the power tablish;" and no one will pretend that this clause alone of appointment was an Executive power, then would the confers any powers on the Supreme Court. Without the electors of President and Vice President of the United common, and without statute law, what acts could they States constitute a part of the Executive Government. perform, what duties could they discharge? It is be- They appoint the most important officers. The appointlieved, none. And there is no usage, no common law of ing power is strictly neither Executive, Legislative, nor our Government, that defines the executive powers. To Judicial. And how will its advocates prove that the ascertain them we must look to the constitution, and that power of removal is an Executive power? Many powers only. that in some Governments are Executive, belong to ConThe President, in his protest, maintains that "the pow-gress or to the President and Senate, such as the declarer of appointing, removing, and controlling those who ex-ing of war, the making of treaties, and appointments. ecute the laws,' is "a power in its nature executive;" Again: the duties assigned to the Executive, and his that "the power of removal, which, like that of appoint- powers, are clearly pointed out by the constitution; by ment, is an original executive power, is left unchecked by that instrument his powers are expressly enumerated. the constitution, in relation to all executive officers, for And can it be believed that so important a power as whose conduct the President is responsible, while it is that of removal from all offices by one man, if intended taken from him in relation to judicial officers, for whose to have been given to the President, would not have been conduct he is not responsible. In the Government from enumerated and expressed? What important Executive which many of the fundamental principles of our system power, to be exercised by him alone, is not expressed? are derived, the head of the Executive department origi- The inference then is, that no such power of removal nally had power to appoint and remove, at will, all offi- was ever intended to be given. And again: I ask how is cers, executive and judicial. It was to take the judges it to be proved that the power of removal is an Execuout of this general power of removal, and thus make them tive power? Only by the constitution, and, perhaps, by independent of the Executive, that the tenure of their of the usage of republics; certainly not by the usage of fices was changed to that of good behaviour. Nor is it monarchies, and much less of despotisms. And in what conceivable why they are placed in our constitution upon republic, and in what constitution, in the history of the a tenure different from that of all other officers appointed world, has a similar construction been given to a similar by the Executive, unless it be for the same purpose." provision? Where, in what age or country, has a less Sir, I know not what the President means by "a power power been required to remove from than to appoint to in its nature executive, an original executive power." office?

I have been taught that man was born with a title to It is believed history does not present a single instance. perfect freedom, and an uncontrolled enjoyment of all the The powers of appointment and removal are in their narights and privileges of the law of nature, equally with ture identical, and vested in the same body, unless otherany other man; that all political, all Executive powers, wise expressly provided. Where, and in what republic, and all the powers of Government, are entirely conven-has the power of appointment and removal been placed tional, and arise only from compact. The President in a single person, unaided and unassisted by others? claims the power of removal from office, because it is It was not so in the republics of Greece. In Rome the "an original Executive power, and is left unchecked by people had the greatest share of the Legislative, a part of the constitution." And in this he clearly admits that the the Executive, and a part of the Judiciary power. In power is not given by that instrument, and only asserts Maringo, a republic that lasted more than a thousand that it is not denied. And whence is this "original Ex-years, the council of sixty appointed and removed the ecutive power," older than the constitution, derived? Sir officers, and legislated for the republic; the Executive

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