SENATE.] Mr. Foot's Resolution. [MARCH 4, 1830. of the West," the great advocate of the principles so de- the gentleman's ingenious argument is admirably calculatnounced, had always been a federalist, while on the other ed ad captandum, as it makes all our canals, rail roads, hand he barely intimated that a matchless spirit in the and turnpikes, which have required the assistance of South had perhaps been misrepresented on the same sub- Congress, the works of that anathematized "peace party ject. The intimation that the views of one statesman had in war," which, as we have been told here, has been thus been misunderstood, was accompanied by the admission struggling, since the earliest period of our history, to conthat there might be differences, and possibly honest differ- fer upon our rulers absolute power; and I will now disences, on the same subject, in the same party. This was miss it, that it may perform the duties of its mission, with all well, and my only reason for adverting to it is to ex- this single remark, that you may perceive, peeping through press my regret that so charitable a salvo was not extend- its foregone conclusions, how the bent of the gentleman's ed beyond the party line. But we were afterwards told mind, in condemning Southern votes, is evidently at this by the honorable member, that the resemblance between time inclining with a breeze to the north northeast-though the political character of the opposition and administration I still suppose that, "when the wind is southerly, he will parties, in 1798, 1812, and 1828, confers upon him, and know a hawk from a hand-saw." his political friends, " a title to old fashioned democracy, So far as the State which I have the honor in part to reas the same democratic States, with one or two exceptions present here, can furnish evidence to illustrate the title of only, are found, [he says] at each era, side by side, in the honorable member, and his political associates, to "old favor of Jefferson, Madison, and the hero of Orleans. On fashioned democracy," by the fact that a party odious to one side, Virginia and Pennsylvania, Carolina and Geor- them has always prevailed there, he is welcome to the evigia, Tennessee and Kentucky. On the other, Delaware dence for his own uses. It will never redound to her disand Massachussetts, Connecticut and divided Maryland." credit. It can never be a cause of exultation to any man I shall hereafter take leave to present to the view of the who knows the history of his own country, and values his honorable member some coincidences much more striking own reputation, to find her always arrayed against him. than that which here appear to have caught his fancy. And as the honorable member has called my attention to Keeping in view now the position assumed by him in re- the subject, I will remind him what kind of a “peace pargard to the federalism of the Western Statesman, and other ty in war" we have always had in Delaware. We have advocates of Interna! Improvement, I would inquire into ever had such a party there as "bewares of entrance to a the title to "old fashioned democracy" of Georgia, Caro- quarrel," but, being once engaged in it, puts forth all its lina, and other Southern States, here designated by him, energies of body and soul in the controversy, and for the on the 14th of March, 1818, when twenty-one of their Re- love of peace fairly fights out of it. We had a party of presentatives in the other House carried the resolution this kind at the bloody era of the American Revolution, which fully established this "federal" heresy-declaring contending against the usurpations of the British Crown"that Congress has power, under the constitution, to ap. a party which supplied more warriors in the cause of propriate money for the construction of post roads, military, American liberty, in proportion to our limited means and and other roads, and for the improvement of water courses." population, than were furnished by any other State in the Four of the seven Representatives from South Carolina, whole confederation. The bones of many of that old parMr. Lowndes, Mr. Simkins, Mr. Middleton, and Mr. Erty were buried on Long Island, and at White Plains, at win, voted for this resolution, the two first named gentle- Princeton, at Brandywine, at Germantown, at Camden, at men advocating, in the debate to which it gave rise, the Guilford, at Eutaw, and at Yorktown; and your pension power of Congress to construct roads and canals. When rolls now show but fourteen of them alive and dependent the resolution was adopted, Mr. Lowndes declared that on your bounty. Many of that party were at Fort Mifflin the decision then made had settled the whole question. too; and the gentleman from Maryland, [General SMITH] Two thirds of the Georgia delegation, Mr. Abbott, Mr. J. the father of the American Senate, [himself one of the Crawford, Mr. Terrill, and Mr. Forsyth, now an honora- most distinguished patriots of the Revolution] who comble Senator from that State, supported the same resolution.manded there, when referring in debate a few days since Did Carolina and Georgia then forfeit their “title to old to the conduct of one of them, Captain Hazzard, bore fashioned democracy?" Shall we not try them, too, as well testimony to that kind of peace-loving disposition in war as Delaware and Massachussetts, by the "strongest test of which we cherish, when, almost overpowered by the emopolitical orthodoxy?" If Delaware is here to be put on tion caused by a recurrence to the sad history of the suffertrial, she will stand his test admirably. Though generally ings of his gallant comrades, he described our old peace federal until 1826, when the new parties were formed, party troops as soldiers than whom better or braver had she was almost uniformly represented in this Senate, up to never existed. I am told that we had federalists who opposthat period, by federal gentlemen, holding on this subject ed the declaration of the last war, but those very federalists, the very tenets of the honorable member himself, always like their brethren of the opposite party, supported the confining the powers of the Government to the specific cause of their country through the whole war, with unbendand enumerated objects; and opposed alike to these acts ing firmness and devoted patriotism. We have national refor internal improvement and tariff' laws. In 1827 and publicans, I am now told; but as they are made up of the 1828, she was represented here by two able statesmen of same kind of materials which compose the peace parties I the opposite and latitudinarian creed, both of whom had have been describing, I shall be pardoned if I defer to been federalists; but at that time, sir, they were dyed in other judgment than that of the gentleman from New the wool by the Jackson process, and, of course, were Hampshire, and say that I am proud to represent them genuine republicans, as the honorable member will admit. here, even though, by so doing, I am placed in opposition They neither changed nor concealed their opinions. Were to an administration which claims to be exclusively demothey not orthodox?" One of them standing conspicu- cratic, and yet appoints more federalists to office than all ous for his talents in the ranks of the orthodox party, now, its predecessors have done since the revolution of 1801-by their appointment, represents us at the proudest court always, nevertheless, keeping steadily in view this indis in Europe. It cannot be necessary to follow out the in- pensable qualification, that every federalist so appointed quiry further, to try the truth of his test by a reference to must be of the Jackson stamp. I shall ever feel attachmusty records and by-gone events. If the honorable mem- ment for that party which seeks in peace to prepare for ber will pursue it, he will soon find himself, by the aid of war, by extending the beneficent action of this Government such a test, involved in the mazes of a labyrinth, from to increase the means of our defence, makes roads and which he could not escape in safety, even with the thread canals to transport our munitions in time of need, fortifies of an Ariadne to guide him. Sir, the whole of this part of our coast, improves our harbors, protects our commerce, MARCH 4, 1830.] Mr. Foot's Resolution. [SENATE. and has already built up a navy which is the glory of our tion, the Executive power could never be arbitrarily excountry and the admiration of the world. ercised. He advocated "the freedom of inquiry into the Sir, I must be pardoned for dwelling at length in reply exercise of Executive discretion and official trust in oppoto other remarks of the honorable member from New sition to Executive irresponsibility and unsearchableness, Hampshire, whose opinions and reasoning are regarded and to the suppression of free inquiry into our political by some of his political friends here as laying down the affairs." The Senator from Maine [Mr. HOLMES] merely law, and fixing the standard of political orthodoxy. When adverted to the general proscription in New England. In he had closed his remarks, the Senator from Missouri near reply to these gentlemen, the Senator from New Hamphim, [Mr. BENTON] arose in his place, and pronounced shire, says he will not accept the invitation of the Senator the honorable gentleman to be his Peter, the rock on from Missouri, [Mr. BARTON] to stand on his new political which he would build the great democratic church. platform, composed, as he considers it, of articles of op[Mr. BENTON having risen to explain, Mr. CLAY-position to the present administration; defends the whole TON gave way for the purpose. course of that administration, as "democratic and constiMr. BENTON-I did not say, "this is my Peter." Itutional," and informs us that, in the principle of removal said, "yes, this is Peter, and this Peter is the rock on from office, for even political motives, their policy only which the church of New England democracy shall be follows up the doctrines of the great revolution in 1800. built." This is what I said aloud, and what the Senate He speaks of these removals as mere rotation in office, heard. What I said in a lower tone, and not intended for first made by the people themselves, in the highest office the Senate, was this: "and the gates of hell shall not pre-in the land, the Chief Executive of the Union, for politivail against him."] cal cause, then inquires, triumphantly, if the same cause Mr.CLAYTON resumed: Sir, I accept this modification, should not affect the active deputies and subordinates, as and wish to present fairly, not only all the words, whether well as the principal. "Whatever disappointments and spoken on a high or a low key, but the action which was suffering by removal [says he] some individuals may susso admirably adapted to them. The gentleman from Mis-tain, yet they knew the legal tenure of their offices." He, souri, then, in the face of the Senate, extended his right therefore, thinks the agents of the people cannot fear the arm over the head of the gentleman from New Hampshire, cry of cruelty or persecution, because the power of rewith all the majesty of a Cardinal, or a full robed Bishop moval, as now exercised, only “changes one good man" about to pronounce a benediction on a new monarch, or to (that is, for political opinions) "for another good man," instal a new incumbent of the Papal See, and, as he now says, and, therefore, does no injury to the public. He then did not merely declare him to be his Peter, but announced proceeds to say these agents need not dread the discussion him to the world as the great Pontiff of New England de- of the constitutionality of their exercise of this power, mocracy; and, of course, I suppose, (as that, by his for- thus plainly avowed by him to have been levelled at the mer admissions, is as good as any) of all other de- right of opinion. Sir, the honorable Senator from Tenmocracy under the whole heavens. Sir, I had the right nessee, [Mr. GRUNDY] if I rightly understood him, avowed to suppose that he who thus inducted him to office had the same opinions: for he denied the right of the Senate full powers, or he would not have performed the ceremo- to inquire into the causes of removal, and insisted that the ny. Give me leave to say, that, when I heard the new Pon- present administration had not gone beyond his principles tiff lay down his law in conformity with my old fashioned on this subject. He contended that the Senate would notions of the powers of the Judiciary, abjuring, as a po- transcend their constitutional power, and thus violate the litical heresy, all the new "Carolina doctrine," though instrument which it is their interest to preserve, by examseemingly endorsed by the Senator from Missouri himself, ining into and judging of the propriety of removals from I thought that I should stand at least one of the new office, or by controlling the Executive in the discharge of "tests of political orthodoxy," and I sincerely hoped that, this branch of his authority. He entered into a full discuson this subject, nothing might prevail against him. When sion of the rights of the President with great ingenuity, he issued this, his first bull, I felt disposed to register all his and manfully challenges us to come out boldly, and disrescripts, and I certainly have preached the very doctrine cuss this subject with his friends freely and frankly." The which it inculcated. But when I heard the American honorable gentleman is a formidable antagonist. He wields System denounced as a mere federal measure; when I a long knife, with a strong arm, in defence of his friends; heard, too, from the same source, that a good officer ought but when he throws down his gauntlet to what is here to be removed before the regular expiration of his term, called the Opposition, and defies us to a contest with these for party motives, or personal aggrandizement, and the principles of this administration, he will be met freely, whole proscriptive system of the new administration thus frankly, and boldly too. justified and extolled, then, sir, I confess (meaning no- Another year has rolled away. Our Ides of March are thing irreverent by my allusions) that I became a Dissenter and a Protestant, and, although I expect indulgence for such transgressions, I strongly suspect that I shall carry my abominable heresies to the grave. come.. This day, which is the anniversary of the Chief Magistrate's inauguration, brings with it some strange reminiscences of the past, and some still stranger anticipations of the future. On the last 4th of March, and about The Senator from Missouri [Mr. BAUTON] having, in this very hour of the day, the American Senate followed the range of this debate, invited the concurrence of others the American President in the progress of his stately triin certain fundamental principles and important objects, umph to that scene where, in the presence of assembled enumerated among the number the preservation of the thousands of his countrymen, he proclaimed to the world freedom and purity of elections, unawed by official pun- the principles upon which he intended to administer the ishments, and uncorrupted by official rewards, in opposi- government. Independently of the fact, that the whole tion to removals from office for the exercise of the great subject has been thrust into this debate, as I have stated, elective franchise, or to make room for the reward of par- there seems to be some propriety in devoting a portion of tisans in our Presidential elections, by the bestowal of the passing hour to the consideration of the extent and inpublic employments. He submitted that the power of fluence of Executive authority. These, on this day, would removals from office by the President was a high legal trust be proper subjects of reflection for the Chief Magistrate to be exercised for the public benefit, in sound discre- himself; and as we are his constitutional advisers, exercistion, for cause relating to the official conduct or fitness of ing, in one sense, a portion of the Executive power, we the incumbent; that the Senate of the United States had may learn our own duty better by the temperate examinarestraining powers in the matter of displacing, as well as tion of his. I concur with the gentleman that, in discussof appointing Federal officers: and that, by the constitu- ing this, or any other subject, involving a question of con SENATE.] Mr. Foot's Resolution. [MARCH 4, 1830. stitutional law, passion and feeling are to be regarded as general principle that the right to remove can be exerpoor auxiliaries. We should go for nobler game than cised only where the right to appoint exists. But I do not mere party interests. Principles are to be first settled concur with the honorable gentlemen who have viewed here; but then the application of them must be fearlessly this power as unlimited by the spirit of the constitution, made. The first inquiry ought to be, what are the true and, having arrived at the conclusion that sic volo is the leprinciples, not what is the interest, of any party? It will gal tenure of office, would leave it to become the sport be found that my view of these principles differs as much, of a spirit not less arbitrary and tyrannical than that of abin some respects, from those of some to whose judgment solute despotism. Every administration, preceding this, I usually defer, as it does, in others, from those of some who profess to be politically arrayed against me. has professed to exercise this power within certain established constitutional limitations, regarding removals as The power of removal is nowhere expressly conferred expedients to be resorted to by the President only for the by the constitution, except in the section which provides purpose of securing a faithful execution of the laws, or that all civil officers of the United States shall be removed when really necessary for the general welfare. And if a from office on impeachment for, or on conviction of, trea- single instance can be shown in which any President beson, bribery, or other high crimes and misdemeanors. A fore this has ever prostituted this authority to party uses, judge, the tenure of whose office is dum bene se gesserit, or for personal aggrandizement, it will be found that he is removable only by this means. But where good beha- has, at least in terms, assumed the virtue of administering vior is not the tenure of office, the power of removal the Government on different principles, and denied that is properly and generally incident to, and a conse- he intended to invade the right of opinion, or pervert his quence of, the power of appointment. The power to power from its legitimate object. The history, as well destroy is ordinarily implied from the power to create. of the precedent on which the Senator from Tennessee so It is a common axiom of our jurisprudence, that the much relies, as of others to which he has not adverted, authority to dissolve a thing must be as high as that shows that this constructive power would have never been which formed it. The Legislature which has the ex-acknowledged, if it had not been supposed to have been press power to pass a law for raising revenue, for exam-strictly limited and distinctly defined.' ple, has the necessary power to repeal it. The Gover- When the bill for establishing an Executive Departnors of many of the States enjoy, by express provisions ment, to be called the Department of Foreign Affairs," . in their respective constitutions, the power of appoint- was under the consideration of the House of Representament to office, and yet exercise, by construction and by tives, during the first session of Congress after the adopimplication only, the power of removal from it, their State tion of the constitution, the debate to which the gentleconstitutions being silent on that subject. The Postmas- man from Tennessee has referred arose upon one of its ter General, who, harmonizing with this administration, provisions, granting to the President the right of remov has removed, within the last year, his thousand deputies, ing the Secretary to whom our foreign relations were to agents, and clerks, though vested by law with the express be principally entrusted. That provision was then so right of appointing them, can point you to no statute con- modified as not to carry with it the appearance of a grant ferring upon him the right to remove one of them. The of something not before given, but to recognize a constinumerous clerks and agents appointed under express legal tutional power of removal already subsisting in the Presiprovisions, by other Heads of Departments here, are re-dent. movable only by the same construction. The law has Mr. Roger Sherman, and maintained by Mr. Madison and The power was strongly denied by Mr. Gerry and conferred upon the Supreme Court the power of appoint- Mr. Baldwin. These gentlemen had all been members of ing its clerk, and, although considered removable by it, the convention that made the constitution, and yet were yet no law has thus limited the tenure of his office in ex- thus equally divided in opinion on the construction of the press terms. But then this authority, thus derived from very instrument which they had, so recently before that, implication and construction, if kept within the spirit of assisted in forming. The point, then, was regarded as exthe constitution and the laws, instead of being used arbi-tremely doubtful. There were others, who had not been trarily or tyrannically, can be exercised only for the pub-members of the convention, who engaged on different lic welfare. sides, with equal zeal in the contest, until at length, a In two classes of cases, the power of appointment is construction implying the existence of the power was es exercised by the President alone: first, where Congress tablished, so far as a tribunal which had no jurisdiction have, by law, vested in him the appointment of such infe-over the subject could do it, by a vote of thirty-four to rior officers as they thought proper: and, secondly, where twenty. It has often been observed, and I apprehend it he is empowered to make appointments by virtue of the is unquestionably true, that the character of Washington, last clause in the second section of the second article. then President of the United States, had great influence There are some peculiar considerations growing out of in producing this decision. Add to this, too, that the the manner in which the power of removal, in the first of question arose in the very strongest case which could have these classes, has been exercised, which it is unnecessary been presented for the advocates of the Executive-the to enter into now, as they are not immediately connected case of a Secretary, between whom and the President it with the executive rights of the Senate. Appointments was absolutely necessary that the most confidential relaof the second class are temporary only by the express tions should subsist. These supporters of Executive auprovisions of the clause which authorizes them. "The thority were then, as men will ever be, influenced, in some President shall have power to fill up all vacancies that degree, by the circumstances immediately around them. may happen during the recess of the Senate, by granting The statesmen of the day literally vied with each other in commissions, which shall expire at the end of their next expressions of their high confidence in the man who then session." With these exceptions, the second section re-filled the Chair of State, beloved by all, and distrusted by ferred to expressly confers the power of appointment up- none; and it is but too evident, from the arguments adon the President and Senate, by the words "he shall no-vanced on this occasion, that they were beguiled by the minate, and, by and with the advice and consent of the imagination that none but beings of such exalted virtue Senate, shall appoint." and spotless purity would ever be elected to succeed him. Although the constitution has thus recognized the Se- They reasoned from an illusion to which human nature is nate as an essential component part of the appointing au- at all times liable. Under such circumstances, a princithority, yet the power of removal has been uniformly ex-ple was decided, which forms a distinct exception to an ercised by the President alone, since the constitution was established general rule; and, it cannot escape observaestablished. This, then, has been a deviation from the tion, that, under other auspices, a very different result MARCH 4, 1830.] of 1789. would probably have been produced by the deliberations dismission of a meritorious officer was an abuse of power The discussion to sustain this power mainly above his conception, and would merit impeachment.' rested on these brief positions: that the constitution had Again, he qualifies the power he advocates, and explains conferred upon the President the Executive power; that it thus: "The danger then consists in this: for the Presi the general concession of Executive authority embraced dent can displace from office a man whose merits require removals as well as appointments; that the power granted that he should be continued in it. What will be the moto the Senate, being an exception to this general provi-tives which the President can feel for such abuse of his sion, ought, therefore, to be construed strictly, and could power, and the restraints to operate to prevent it? In the not be extended beyond the express right (with its neces-first place, he will be impeachable by this House, before sary incidents) of negativing appointments; and, above all, the Senate, for such an act of mal-administration; for I that the President, being bound to "take care that the contend that the wanton removal of meritorious officers laws be faithfully executed," must therefore remove, would subject him to impeachment and removal from his whenever the public interest imperiously requires it. own high trust." Our constitutional lawyer, then, thinks The last position, aided by all the extraneous considera- your President ought to be removed from office, if he tions referred to, was successful. Every reasoner dwelt has acted on the principle avowed by his friends here, upon it as the key-stone of the argument. It was not and says, the kind of power you contend for is above his then contended, by the fathers of the republic, that the conception. This does not seem to work well;, and pergeneral grant of Executive power was to be construed haps you may now think our constitutional lawyer, "who alone by the strict specifications of it, subsequently en-understood the constitution and structure of the Govern tered in the same instrument. True, our modern rea- ment as well as any man that ever lived," in an error. soners revolt at the thought of extending the powers of Then let us look into the opinions of others, expressed on Congress beyond the specific enumeration of them, by a the same occasion, who were aiding in the establishment general grant of "all legislative power;" and although of this precedent, admired so much. Mr. Laurence, the honorable gentleman from New Hampshire has in- though an advocate of the same power, denied that, acformed us that the friends of this administration, claiming cording to his understanding of it, it was ever to be exerthe authority to remove, in its utmost latitude, need not cised "in a wanton manner, or from capricious motives;" dread the discussion of their right to do so, yet he has, and, with a view to silence the apprehensions of those in this very debate, stoutly denied a construction to the who were alarmed lest it might be exercised without regeneral delegation of power to Congress in the constitu-straint, he put to them the question which had been antion to provide for the general welfare," similar to the swered by Mr. Madison: "Would he (the President) not one placed, in 1789, upon the general delegation of Execu- be liable to impeachment for displacing a worthy and able tive power, "to take care that the laws shall be faithfully man, who enjoyed the confidence of the people?" Mr. executed." Without this latitudinarian interpretation, Vining, on the same side, remarked "that, if the Presi the power of removal would have remained forever, on dent should remove a valuable officer, it would be an act the general principle, in the President and Senate. But of tyranny which the good sense of the nation would neit was not urged, in 1789, by any man, that this construc-ver forget." Such were the views of all the prominent tive power was unlimited and absolute; on the contrary, advocates of this right, at that time. Do I go an inch, gauging it by the strict standard of the rule which de- then, beyond your own authority, when I infer, from the fined while it conferred it, they declared that it was gi- opinions of the very men upon whose judgment you now ven to the President only for the purpose of "securing a build, that the system of removing meritorious officers, faithful execution of the laws," as an incident to his great before the regular expiration of their terms of service, prerogative to preside over his country for his country's for either personal or party motives, is hostile to the spigood. They pointed out the very cases for its proper ex-rit of the constitution, an "impeachable mal-administraercise: they said it was necessary to remove a traitor from tion" of the Government, and à "tyrannical" encroachoffice, "to secure a faithful execution of the laws:" they ment on the liberties of the people? urged that an officer who should become insane, corrupt, But when we trace the history of the same bill in its disabled, or in any manner, or by any means, unfaithful progress through the Senate, it seems not to admit of a or disqualified to serve the public to the public advantage, doubt that, but for the extraordinary concurrence of exought to be, and was, of right, removable, in order to traneous circumstances then co-operating to produce this secure a faithful execution of the laws:" and, having thus construction, the right of removal would never have been measured and marked down the length, breadth, and the recognized. While that bill was under consideration in depth, of the whole principle recognized by them, they this House, on the 18th July, 1789, a motion was made doubtless little expected that any opinion given, or pre- to strike out of the clause, implying the existence of the cedent set by them, would ever be adduced to sanction right, the words "by the President of the United States;" the exercise of uncontrolled and despotic power. The the object of which was to deny that right altogether. honorable gentleman from Tennessee, who has filled the The Senate then sat with closed doors, and we have no office of a judge with great credit to himself, says, that account of the discussion. But we see from the records he loves precedents; and, having informed us that "Mr. how the vote stood. Mr. Madison's constitutional opinMadison understood the constitution and structure of our ions were then unpopular in Virginia, as being too latituGovernment as well as any man that ever lived," holds dinarian; in consequence of which he had lost his election up the Congressional Register of that day, points to the to the Senate, that State being, at the period referred to, opinion of that able statesman there given, and triumph- represented here by William Grayson and Richard Henry antly announces that there we may see his doctrines, and Lee. Both those gentlemen voted against the power, and there his constitutional lawyer. Sir, we may venture in favor of the motion to strike out; and I suppose that here, I think, to meet the gentleman on his own grounds. the doctrine of strict constructions of Executive power I say, too, that, like others from the schools of forensic was at that time, as it often since has been, the prevailing disputation, I love precedents; and that Mr. Madison, on sentiment of the State. Georgia, South Carolina, and this subject, is also my constitutional lawyer. But then, New Hampshire, were all united against the power, and when I like the opinion of a constitutional lawyer so well, they were supported by Johnson, of Connecticut, and I take the whole, and not merely a part of it. I do not Maclay, of Pennsylvania. Among the friends of the mogratuitously reject one-half of it, while I rely so much up- tion we find Johnson, Few, of Georgia, Butler, of South on the other. I read from the same volume, Mr. Madi- Carolina, and Langdon, of New Hampshire, who had all son's words, uttered on that same occasion, that "the been members of the Federal Convention. Nine voted for VOL. VI.--30 SENATE.] Mr. Foot's Resolution. [MARCH 4, 1830. the striking out, and nine against it; and Mr. Adams, the his to get laws repealed, or the constitution altered to exVice President, having given a casting vote in favor of the tend his powers and prerogatives, under pretext of adpower, the words were retained. So the honorable gen-vancing the public good, and gradually render the Governtleman from Tennessee will perceive that he owes the ment a despotism. This seems to be according to the whole of his favorite precedent at last to that same "elder course of human affairs, and what may be expected from Adams," the "tendencies of whose opinions" were, if we the nature of things." The views of Mr. Adams on this are to rely on his friend from New Hampshire, "to con- subject appear to have been different from those of any solidation and monarchy." I do not call his attention to other man who participated in the decisions of 1789, of this fact, however, because I concur in any of these sweep-which we have any information now, as well as from those ing denunciations of that great patriot. The same ques- of the Federal Convention itself. tion arose again in the Senate on the 4th of August, 1789, It is true that Washington exercised this power during on a motion to strike out of the bill "to establish an Ex- his administration. The gentleman from Tennessee proecutive Department, to be denominated the Department duced nine cases as the result of his industrious researches, of War," the words, "and who, whenever the said prin- which had occurred during the whole eight years in which cipal officer shall be removed from office by the President Washington presided, to justify the hundreds which have of the United States;" and again, on the same day, pend- been made in the first year of this administration. But in ing the bill "to provide for the government of a territory every instance, Washington's removals were made (and it Northwest of the Ohio," which contained a clause re- will not be denied) only when necessary for the pubcognizing the right to remove the Governor of the terri-lic good, exactly complying with the rule which had tory. Similar decisions followed in each of these cases; been established. In announcing the exercise of this right so that the question was, within three weeks, thrice decided to the Senate, he used the word "superseded" instead of here; and these decisions form the grounds upon which "removed," or dismissed," which were subsequently the power, under its proper constitutional restraints, has adopted by his successors. But whether he did or did not ever since been claimed for the Executive. These facts, consider the removals as provisional, and dependent on I submit, leave not a shadow of a doubt that, without the the future action of the Senate, we have no distinct inforinfluence which the character of the Father of his Coun-mation. On all occasions he manifested the highest retry was calculated to produce upon the minds of the Sen-spect for its concurrent powers in the business of Execuators, many of whom were his old compatriots and most tive appointment, and prescribed a duty for a President, intimate friends, and without the powerful co-operation of which has certainly not been regarded as such by one of Mr. Adams, the decisions would have been different. his successors, when, in his message of the 9th of FebruaUnder such circumstances, I would pause to inquire whe- ry, 1790, containing a few nominations to supply vacancies ther it is reasonable to suppose that the understanding of which had been temporarily filled in the recess, he says, those Senators, who so established this power, was, that "these appointments will expire with your present sesthe President, upon whom it was conferred, was to exer- sion, and, indeed, ought not to endure longer than until cise it without limitation? Is it probable that uncontrol-others can be regularly made.' led and absolute authority would have been acknowledged The gentleman from Tennessee informed us of twentythen, and that, too, by a body of men whose patriotism three cases in which Mr. Jefferson had removed; and then and devotion to the cause of liberty have never been sur-read, to justify the immense proscription now made, his passed? answer of the 12th July, 1801, to a remonstrance of the The opinions of Mr. Adams, on this subject, are proba- committee of the merchants of New Haven, on the apbly in a great measure attributable to a belief which he pointment of Samuel Bishop to the office of collector at had indulged, in opposition to the Federal Convention, that New Haven, then lately vacated by the death of David the power of the Senate, in regard to appointments, ought Austin. That letter was doubtless written under some exto have been entrusted to "a council selected by the Pre-citement, caused by the memorial itself; and the fame of sident himself at his pleasure"-in fact, a mere privy Mr. Jefferson is rescued from the imputation now attemptcouncil, without the authority to check him. He thought ed to be cast upon it by better evidence. Yet even in that the people would be jealous that the influence of the this answer, he places his removal upon the ground that it Senate, if it were entrusted with appointments, would was for the public good, and to secure the necessary co"be employed to conceal, connive at, and defend, guilt in operation with the Government; expressly stating, too, Executive officers, instead of being a guard and watch that his general object was to remedy the very evil now com upon them, and a terror to them." These opinions are plained of. During the late administration," disclosed in a correspondence which took place between the whole offices of the United States were monopolizsays he, him and Roger Sherman, in the summer of 1789. With ed by a sect." He considered that the former incumbents these opinions, thus known to have been entertained by had been appointed merely for party and personal aggranhim at the very time when he decided by his casting vote, dizement, and not for the public welfare. Try the prehe went far, we now find, to destroy the rights of the Sen- sent abuses of power by the standard of that letter, and ate, and to reduce it to a mere privy council, without any you find yourselves standing on the very doctrine which effective power. In that correspondence Mr. Sherman, he repudiated, and the deleterious effects of which he who had been a member of the convention, urged against says he endeavored to correct. "I shall correct the prosuch opinions the views of that convention, which ought to cedure; but, that done, return with joy to that state of have been decisive in favor of the rights of the Senate. things when the only question concerning a candidate "But," said he, "if the President was left to select a shall be, Is he honest?--is he capable?--is he faithful to council for himself, though he may be supposed to be ac- the constitution?" The last administration removed no man tuated by the best motives, yet he would be surrounded for party motives, before the regular expiration of his by flatterers, who would assume the character of friends term, and even went beyond the line prescribed by Mr. and patriots, though they had no attachment to the public Jefferson, by regularly re-appointing political opponents good, no regard to the laws of their country, but, influ- when their offices had expired. You now rest, therefore, enced wholly by self-interest, would wish to extend the on the principles which Mr. Jefferson attributed to the power of the Executive in order to increase their own; elder 'Adams, and your policy, as avowed here by the they would often advise him to dispense with laws that should thwart their schemes, and in excuse plead that it was done from necessity to promote the public good: they will use their own influence, induce the President to use Senator from New Hampshire, does not "follow up the doctrines of the great revolution of 1800." This construction of the answer to the New Haven remonstrance makes Mr. Jefferson consistent with himself. In his let |