In [SENATE. cannot authorize them to call his principles in question. Where no discretion was given him he has confined himself, as far as I have heard or observed, to the strictest rule of the constitution and law. Enough, then, and more than enough, in refutation of this vague and general charge. Let us come to those that are more specific. The public treasure has been extravagantly and illegally expended. on the affairs of his own department, but where all were consulted on every difficult question relating to the affairs of each, or of the Government in general; and where, it has been generally understood, particularly during the presidency of Washington, that the President was guided by the voice of the majority; and the responsibility of the Executive, so far as regarded public opinion, was, if not thrown on the cabinet, at least divided with them. deed, sir, I know that, at a long subsequent period, a most illegal and oppressive act, by which I was deeply in- It is not, under this head, even pretended that any jured, was justified as being done by the advice of the ca- other or greater sum has been taken or paid to any indibinet. Now, sir, as I have said, there is no such cloak vidual than that which was due, by law, for the service or for Executive acts. The President performs the duties salary for which it was given. But comparisons are made of his office, and assumes the responsibility they incur. between the amount of expenditure made under the last, The cabinet, a body unknown to the constitution, does and that made under the present administration. As apnot exist. The chiefs of the departments are consulted plied to our Government, there cannot be a more fallaon the business of their respective offices; they are an- cious rule for measuring the true economy or wisdom of swerable to the President, and he, so far as he sanctions the exercise of Executive functions. What has the Pretheir acts, to the country. Of this, however, I have no sident to do with the extravagance of the general expenfarther information than any other Senator has obtained, diture? These are directed by legislative wisdom. But or may obtain. In speaking of the administration of the Ex- he must approve all laws! True, he must approve them; ecutive department, therefore, it must be understood that but remember that, if there was any extravagance in the gentlemen mean the acts of the President, or of his officers, expenditures of the last year, his predecessor, not he, is sanctioned by him. His principles, then, according to the answerable for it. He has not approved a single law uncharge, are subversive of the liberties of the people. The der which a dollar was disbursed in the year 1829; and all only modes by which the principles of a man may be known, of the contracts for the service of that year were made are either by his professions or by a long course of action before he came into office. But, sir, there was no exevincive of them. Submit the principles of the Execu- travagance in the appropriations; (for the contracts I will tive to these tests. First, his professions. He has made not vouch, because I am uninformed) on the contrary, two communications to us and to the country--his inaugu- there was a marked, I will not say, a designed reduction ral address and his message at the opening of this session. of a usual and necessary appropriation for the contingent Surely the gentleman does not mean to apply the epithet expenses of foreign missions. In former estimates, this he has used to the principles avowed in either of these in- had been put at twenty-five thousand dollars: in the esstruments? If he does, the voice of the whole people of timate for 1829, it will be found, by deducting the sathe United States, re-echoed from foreign nations, will laries and outfits provided for, it was only eleven thoucontradict him; the principles there announced as those sand dollars. by which he will be guided, are, an adherence to the But, although I protest against this mode of testing the constitution of the United States: a respect for those of economy or profusion of the Executive, yet, as it has the individual States; economy, justice, liberty; equal been relied on, let it be looked into, and it will be found protection to industry, manufactures, and trade; and a that the expenditure of the year 1828 exceeded that of strict enforcement of the laws at home, and the extension 1829 by more than four hundred thousand dollars; it is of commerce; the observance of treaties; the assertion of true that near seven hundred thousand dollars, properly our rights, and the establishment of a good understanding with all nations abroad. Which of these principles, thus professed, are subversive of the liberties of the people If any, let them be pointed out. The charge, then, is not justified by any principle openly professed. Examine the other source. Can those principles be discovered by his course of conduct? Observe, sir, that this is a sweeping ac- But, sir, I have done with these irrelevant calculations. cusation of evincing dangerous principles. Any single im- If the criterion contended for was the true one, it would proper act, even if it could be substantiated, would not jus- make in favor of the present Executive; but, in truth, it tify it; it may be in contradiction to his professions; it shows neither extravagance nor profusion in that Demay be injurious; but, unless persevered in, or followed partment. It shows what the united legislative wisdom up by others, that can be accounted for only by supposing of the Union thought necessary to be expended, and it that they were dictated by such principles, it does not shows nothing more; and the truest economy is frequentjustify the charge. The present Chief Magistrate has ly found in the largest expenditure. This depends, altobeen in office a year. During that time he has assumed gether, on the object for which it is incurred. no new power; he has evinced no desire to enlarge those There is, however, one branch of expenditure more confided to him by the constitution; and if, in their exer- immediately under the President's direction, which, incise, he has not exactly followed the march whick the Se-deed, like all other expenditures, must be provided for nator thinks the proper one; if he has selected for office by law, but which, from its peculiar nature, demands a those in whom he, and not the Senator, had confidence; if greater degree of confidence in the Executive than any he has consulted his own, and not the Senator's, discre-other--I mean the expenses of our foreign intercourse. tion; surely he ought not to be denounced as entertaining All negotiations with foreign Powers, being a part of Exprinciples destructive of the liberties of the people. In ecutive duty vested in the President, the nature of the examining the constitution, for the rules which were service frequently forbids that previous disclosure which to direct his duties, he certainly found nothing written is expected in every other case; in the estimates, the exthere by which he was bound to conform his own opinion isting missions are enumerated, and if any new one is to that of any Senator or any party. Where discretion is contemplated, which requires no secrecy, it is also mengiven to him he has used it, on his responsibility to the tioned; but, to provide for unforeseen cases, an appropeople; and the exercise of this discretion, even if it be priation for the contingent fund of missions abroad is not conformable to that which would have been suggested made, and placed at the President's order; besides this, by the superior wisdom of those who arraign his conduct, if the interest of the country should require an expense VOL. VI.-33 chargeable to the year '27, was expended in '28, for awards under the Convention with England, but this was balanced again by a payment of nearly the same sum in 1829, for expenditures for objects of Internal Improvement, directed in the year 1828, and properly chargeable to that year. SENATE.] Mr. Foot's Resolution. [MARCH 15, 1830. which the contingent fund cannot cover, it must be left, an arrangement made by Mr. Gallatin, the bankers of the as in the case of all other excess of expenditure, to be United States in Europe were directed to open an account provided for under the head of "deficiencies in the ap-headed "the diplomatic department;" a correspondent propriations" of the preceding year-an item to be found account was, of course, opened at the treasury, and unvery frequently in the estimates. Here, again, the same der this head, until the year 1814, were brought every reasoning which I have used with respect to the general item which had formerly been comprehended under the annual expenditure will apply to this particular head. It head of the intercourse with foreign nations; and this may be large, and not extravagant. The occasion must fund was provided, by general appropriation, in the same determine whether it was judicious or not; and, therefore, words. In 1814, the appropriations became more specithough again the comparison is greatly in favor of the fic "for the salaries, allowances, and contingent expenses, present administration, yet I am, in candor, obliged to of ministers to foreign nations, and for secretaries of admit that this circumstance alone will not decide the legation;" and in 1818, the present form of appropriaquestion in favor of its economy, as compared with that of tion, designating the several missions, was first adopted. its predecessors. That depends on other circumstances, But, from the date I have mentioned, 1801, until the preand other inquiries must be made to determine their sent day, the accounts have been kept in the treasury weight. But it would seem that, if the same number of under the general head of the "diplomatic department. missions be kept up, and some of them of an increased rank And the course has been, to remit to our bankers in Euand expense; if additional expenditures have been incurred, rope, and charge to this fund, the moneys necessary for by the necessary change of ministers, and yet the whole the payment of the salaries and allowed expenses of our expenditure is less than under the preceding missions; it foreign agents. These bankers are sometimes in advance would seem to follow that, if all this is now done, at a less to the United States, when unforeseen occurrences oblige expense than formerly occurred, there must have been a the President, during the recess, to increase the expensaving in some part of the expenditure, under the pre- ses of our foreign intercourse, by new missions; and in sent, that did not exist under former administrations. those cases, appropriations are asked for, and made at the Figures cannot deceive us; let us bring the question to next session of Congress, to reimburse them. This was that test, and compare the years 1817 and 1818, the two the case in the year 1816, to the amount of fifty thousand first of Mr. Monroe's administration; 1825 and 1826, the dollars; in the year 1818, to the amount of twenty thou two first of Mr. Adams's; and the last and the present sand dollars; and probably other instances may be found, years, the two first of General Jackson's. by a more careful examination than I have been able to To the comparative view of the expenses of foreign in-give to the subject. tercourse, let us add that of the contingent expenses of In the last year, owing to the insufficiency of the conthe Department of State, during the same years. From tingent fund for the expenses of foreign missions, which which it results, that the expenditures for foreign inter-must not be confounded with the contingent expenses of course, in the year 1829, added to the whole appropria- foreign intercourse, (the secret service fund) there was a tion asked for the year 1830, supposing the whole to be deficiency of about forty thousand dollars, which was inexpended, are less than those of the two first years of Mr. cluded in the estimates for the current year, and, as I Monroe's administration, by two hundred and thirty-three stated in the debate on the appropriation bill, would thousand sixty-five dollars and fifty-six cents; and less have been more accordant with form to have been asked than the two first years of Mr. Adams's presidency, by for as a deficiency in the appropriations of the last year. one hundred and thirty-four thousand twenty-four dollars But the effect is precisely the same; by appropriating for and ninety-eight cents. That the contingent expenses of the salaries and outfits of foreign ministers, &c. as it stands the Department of State, in the last and present years, is in the bill, it is carried to the credit of the diplomatic less than the two corresponding years of Mr. Adams's ad- fund, and will be remitted to our bankers to make good ministration, by ten thousand two hundred and eighty dol- their advances. lars and forty-five cents; and exceeds that of Mr. Mon- After having shown that the sum expended for our forroe only two hundred and nineteen dollars--an excess cign intercourse is actually much less than in former admore than counterbalanced by the increased expense of ministrations, the statement I have just made of the mode printing the biennial calendar. But, as a part of this ex- of keeping the accounts may be necessary, when we concess consists of items of occasional and temporary occur-sider another charge, loudly made out of the House, and rence, only, we must bring the comparison to bear only confidently, and with a triumphant air, repeated on this on the permanent items, consisting of The diplomatic department, strictly so called; floor, that the laws which forbid a transfer of one appropriation to meet a deficiency in another, have been violated by the President. The Senator from Delaware, who most earnestly urged this charge, added, that the President had appropriated money for outfits contrary to law. Now, The expenditure in the two first years of the present sir, the honorable Senator, in the charge of an illegal administration falls short of that in the two first years of transfer, must have been ill informed, or he would not Mr. Monroe, by the sum of thirty-eight thousand two hun- have hazarded it. No transfer whatever has been made. dred and fifty-eight dollars; and of that in the corres- The balance in the treasury to the credit of the "diploponding years of Mr. J. Q. Adams, by five thousand three matic department" was applied to outfits that have been hundred and two; notwithstanding the additional expense paid; that balance was what remained unremitted to our of outfits incurred in the last year. bankers in Europe. If our ministers there have drawn [Mr. L. here read an abstract of the expenses of foreign upon them for their quarter's salaries, due on the first of intercourse for the several years above referred to. He January last, they of course are in advance, because, as I then proceeded:] have stated, the appropriation of 1829 fell short of the For the full understanding of the accounts I have just expenditure about the sum of forty thousand dollars. The referred to, it may be necessary to state that, previous to appropriation for the contingent expenses of missions the year 1801, the accounts of our foreign relations were abroad always formed part of the " diplomatic fund," and kept at the treasury under the head of intercourse with without any exception has been made liable to the drafts foreign nations," and included every charge in relation to on that fund; therefore, there was no illegal transfer. The our foreign relations--even the "contingent expenses of other contingent fund (that for foreign intercourse, the foreign intercourse," commonly known by the appella- secret service fund) might, consistently with former usage, tion of the "secret service fund." In 1801, according to have been applied to this use; but, with a scrupulous re MARCH 15, 1830.] Mr. Foot's Resolution. [SENATE. gard to the directions of the law, the President suffered it gal appropriations and transfers, which has been made the to remain untouched, and, to the amount of thirteen thou-ground of so much serious accusation against the Presisand nine hundred dollars, it has been carried to the sur-dent. I hope we shall hear no more of this groundless plus fund, having been more than two years appropriated. charge. Now, sir, to another, connected with it: the misThere has been, therefore, no illegal transfer of appro- sions for which these outfits were expended were totally priations--there has been no transfer whatever. And this unnecessary. The men whose recall occasioned them charge also falls under the investigation, which the Presi-were fit persons to be entrusted with the business they dent should rejoice has been provoked here, where it must were charged with; they ought to have been left; their meet its final overthrow. Now to the one connected with recall was not only unnecessary, but, in the opinion of the it, and urged with equal warmth, (I will not say violence.) Senator, a proscription. Now, sir, what means the SenaOutfits have been paid, for which there were no specific tor may have of judging on this point, I cannot tell; all I appropriations. Can the gentleman have calculated the know is, that I have none that would justify me in believconsequences of the doctrine implied in this charge? Can ing that all these gentlemen possessed just such qualities he have reflected on the blot its establishment would fix and talents as ought to have induced the President to conon the characters of men whose memory I know he re-stitute them his agents in the important negotiations we veres? Surely not. But as to the consequences of the have with foreign Powers. And if I had brought myself doctrine. If it be true, the President cannot, in time of to this belief, there are certain considerations that would war, send a minister to make peace in the recess, when induce me to think, that a man selected by the people of no previous appropriation has been made for an outfit. the nation to manage for them this very concern, might, He must lose the most favorable opportunities for negotia- possibly, have rather more information, and must be much tion, and suffer the ravages of war to go on until he can better qualified than I was, to form a proper opinion. I call Congress, at the expense of more than one hundred might say, as I do say, although these are very estimable thousand dollars, to get an appropriation of nine thousand. men, in my opinion, yet the President possibly may have Observe, sir, that, if our bankers were ready to advance reason to believe that others may succeed where they the sum-nay, if he were ready to advance it himself, the have failed. He may not unreasonably think that, in addoctrine contended for would make it equally illegal. How dition to a minister's being a man of ability and integrity, comes it that gentlemen who agree with the Senator from he ought to possess the perfect confidence of the First Delaware in this doctrine have ever voted an appropria- Magistrate, whose views he is to carry into effect. These tion to supply the deficiencies of former years? Why reflections, sir, would probably occur to me, did I disaphave they not censured the Presidents under whose autho-prove of the nominations which have been made, and rity they were created? No, sir; they were silent under would prevent my expressing any warm disapprobation of Madison, silent under Monroe, when deficiencies in this measures, of the propriety of which I had not the means department were voted for without a word of dissatisfac- of judging. Much more would this induce me to refrain tion. They, and all our predecessors, were silent; and it from stigmatising them as illegal usurpations of power was reserved for the present occasion to discover that an and cruel proscriptions. outfit could not be legally paid until there was a specific appropriation. Gen. Washington appointed Mr. Charles Cotesworth Pinckney to France; Mr. Jefferson appointed Mr. Charles Pinckney to Spain, Mr. Monroe to England, Mr. Armstrong to France, Mr. Monroe again to Spain, Mr. William Pinkney to England, and Mr. Erving to Denmark; Mr. Madison appointed Mr. Crawford to France, and Mr. Erving to Spain; Mr. Monroe appointed Mr. Rush to England, and Mr. Everett to the Netherlands; and Mr. J. Q. Adams appointed Mr. Tudor to Brazil. All these appointments were made in the recess, and without any specific appropriations. Their salaries and outfits were paid out of the diplomatic fund generally, and when that fund was indebted to our bankers, provision, as we have seen, was made to reimburse them. Do gentlemen really suppose that, by applying to the recall of a minister a word which leads the mind to the murders and assassinations of Marius and Sylla, and the Triumvirate, they can identify the two cases? Sir, the attempt is not very complimentary to our understanding; and the approximation only tends to show the ridiculous disparity of the cases. What are these proscriptions? Five ministers plenipotentiary, at one "fell swoop!"-incarcerated? banished? decapitated? No, sir. Invited to return to their country-to their friends. Let us see, sir, who were the sufferers, whose fate excites so much commiseration. First, sir, our late minister to France. I can, fortunately, lessen the gentleman's distress on his account, at least: for, having had the happiness to enjoy an intimate and unNow, sir, let the gentleman, and those who join him in interrupted friendship with him for many years, I know the crimination of the Executive, determine whether they that he returned by his own desire, after having faithfully are willing to incur the ruinous consequences attending and ably represented his country with honor to himself, the establishment of their doctrine, and the inculpation of and possessing the esteem and the confidence of the First every former President, the Father of his Country includ- Magistrate, who acceded to his request. ed, in their sweeping charge. And I pray the Senate The Senator from Delaware will not find fault with the also to remark, that, if these appointments and outfits in mission to the Netherlands, when he knows that it was the recess, without a special appropriation, were proper provided for under the administration of Mr. Adams. And by former Presidents, (as they undoubtedly were) even in the Senators from Maine, I am sure, cannot object to the the cases where the appropriations were specified for par-selection of the distinguished citizen from their State, who ticular missions, without providing for outfits in the recess, so thoroughly understood the important question submitthe present case must be infinitely more justifiable: for the ted to the decision of the court to which he has gone-a appropriations for 1828 give a gross sum for salaries, out- question so vitally interesting to their constituents. fits, and contingencies, without specifying how much was Our minister to Spain had been there for five years, the intended for each, thereby creating a general fund, appli- usual period for them to remain abroad; during that time, cable to all such objects; but, being inadequate to the as far as has been made public, he had been able to effect exigencies of the year, an appropriation has been asked nothing, and the important claims of our citizens remainfor to provide for the deficiency, as has been usual in this ed unsettled; it was not extraordinary, therefore, in any and in every other department of the Government. This view, (doing full justice to that gentleman's assiduity and deficiency was provided for in the House of Representa- ability) that the efficacy of a new mission should be tried. tives without any opposition, and in the Senate with only, There remain our ministers to England and Colombia, I think, three or four dissenting votes. And this, sir, is and their cases seem particularly to have excited the the whole extent of the affair of the outfits, and the ille-sympathy of the Senator from Delaware. He pathetically SENATE.] Mr. Foot's Resolution. [MARCH 15, 1830. exclaims--What had General Harrison done? what had ty of the press, and subsidizing its venal conductors; the Mr. Barbour done? that they should be proscribed. Sir, interest of a million of dollars (I think that was the calcuI cannot answer this question: I know not what they have lation) employed for this corrupt purpose. There are, I done. But I do not consider their recall as a punishment. believe, on a moderate computation, above one thousand As far as the individuals are concerned, I presume they newspapers printed in the United States; of these, seventydo not think it any great hardship: each of them, for a two are employed to print the laws of the United States, year's service, had received eighteen thousand dollars; and the advertisements and notices issued by the Departand one of them has returned from a country which is, ments; for which they receive, I believe, on an average, from all accounts, no very agreeable residence in its pre- about one hundred and twenty dollars each. Now, sir, sent unsettled state. I esteem both of these gentlemen: suppose, instead of eight thousand dollars, the sum menwith the former I have an acquaintance of a very old tioned by the gentleman, or even a greater, for these date; and although I think highly of his character, and necessary objects, were expended, would that incur the as highly of his military services as the Senator can, yet I charge made? The printing must be executed. Who is to scarcely expected from that quarter to hear these last do it, the men designated by the proper officer, or those insisted on as a qualification for diplomatic duties. But selected by the gentleman and his friends? One tenth because I have this opinion, am I to join in the lamenta- or one twelfth of the printers in the United States are tions that are uttered over their recall, as if the act were paid a very small price for doing a necessary duty, and an offence, and the consequences of it a public calamity? this is called subsidizing the press for corrupt purposes. The President, for aught I know, may have as high an I have not inquired, but I take it for granted, that, at the opinion of them as the Senator has, and yet he may very expiration of the year, the Secretary of State has restored properly have chosen others to replace them; and if we the public printing to those presses which were deprived may judge from what we hear, his choice has not been of it for opposing the election of Mr. Adams; that he has injudicious or unsuccessful. not given or continued it, to those who manufactured or Sir, I disavow any invidious comparisons, but it cannot published the vile slanders by which the present Chief escape observation that, in one of these missions, so loudly Magistrate and his dearest connexions were assailed; and reprobated, Mr. Moore has already completed an arrange- that, in making the selection, he has taken care to choose ment for compensation to our fellow-citizens, which his such papers as had a proper circulation. This is a busipredecessor was unable to obtain; and, in the other, ness confided to the Secretary of State, not to us, or even under Mr. McLane, a gentleman well known to all of to the President. A proposition was made some sessions us, and highly esteemed wherever he is known, the imago to give it another destination, but it was violently opportant negotiations with which he was charged, and posed by the friends of the gentleman who then filled that which had so long slumbered, were, from the moment of office; a similar proposition is, I believe, now before the his arrival, revived. They were begun and have con-other House. The subsidies, then, are paid to seventytinued with his characteristic activity, talent, and perse- two printers out of a thousand, and amount to one hunverance. They may fail: for there are some errors which dred and twenty dollars each, for which they perform a it is a most difficult task to repair. But, whatever be the service of equal value. Those who make this grave accnevent, neither the honor of the country, nor the reputa-sation must go farther, if they mean to support it; they tion of its minister, will have suffered by the change. must show that these presses are employed in some other But I feel as if I had been led astray by the example of service; that a part of the consideration is the promoting the gentleman to whose argument I am replying, and were treading on unconstitutional ground. Both of us, sir, have a right, as individuals, to form an opinion, and freely to express it, in such terms as our sense of propriety will permit, on apointments, removals, or any other measures of Government. As Senators, we have a duty to perform in relation to appointments; but, in our legislative capacity, I am at a loss to discover what duty requires, or what right permits us to pass upon the propri- Having exhibited what I think must be an abundant reety of acts which the constitution has vested exclusively in futation of the charge of extravagance, so perseveringly the Executive hands; and that, too, without knowing the made against the present administration in the expendi reasons or circumstances which induced them. Whether ture of the public moneys, let us now see whether there we accuse or defend, it must be in the dark. To know is not some evidence, not only that there is no illegal or whether a minister has been properly recalled or appoint- extravagant expenditure, but of a system which has ed, we must know the precise object which the Executive already effected some savings, and promises greater, by had in view, We do not know it. We must know what the application of greater vigilance, and the introduction particular talents or qualities were necessary to be em- of new checks in the administration of the revenue. 1 ployed. We do not know it. We must know what were speak only facts that are notorious; but I have reason to the instructions of the recalled minister, and whether he believe that others of the same nature exist, which will be had obeyed them. We do not know it. We must peruse developed when time is given to put the system in his correspondence, and know the whole progress of the complete operation. One collector, whose accounts had pending negotiation. These we have not perused, and been frequently examined under the late administration, this we do not know. We must know the difficulties without the detection of any fraud or error, was, in the which prevented his success, and whether his successor course of the summer, found to have abstracted the sum may be better enabled to overcome them; and of this, too, of eighty thousand dollars; another, nearly under the same we are ignorant, and must be ignorant, and ought to be circumstances, was found in arrears to the amount of so, until the constitution is changed, and the Executive power is taken from the President, and placed in our hands: for, without totally subverting it, we cannot arrogate to ourselves the rights claimed in this argument, some object hostile to the interest or liberties of the country; that they are undermining the constitution, or preparing the minds of the people for revolt; and that this condition was written in their bond. No, sir, the sin is, that they do not join in the clamor which restless, disappointed men, out of doors, are raising against the Chiet Magistrate of the people. While they are independent, those men will call them corrupt. thirty thousand dollars, and both have absconded; a minor defect was found in the accounts of the Patent Office, also undiscovered, from the want of official superintendence; and, by the introduction of a simple system of checks, losses can never again occur without detection before the amount becomes considerable. So much for the despotism, and oppression, and ille gality, alleged in our foreign relations. Let us now come to the domestic corruption: for such is the charge. The In the office of the Treasurer a most material and highly public treasure has been employed in destroying the liber-important check has been provided. Heretofore, thọ MARCH 15, 1830.] Mr. Foot's Resolution. [SENATE, Treasurer might, by his own draft on the banks, with no fess, not without great inconvenience, be vested in one other guard than its registry, command all the moneys in department, and that of filling it in another; but they are the treasury. The highly respectable character of the not inseparable. The constitution has no express cause venerable officer who held that place from the first insti- declaratory in terms that the President shall have the tution of the Government rendered every check on his power of removal; but it gives it to him by a necessary drafts unnecessary; and the integrity of his successors has inference, when it declares that he shall have the Execu secured the public against any loss, and forbid the suspi- tive power--the signification of which is amplified in the cion of any. But the Senate will perceive how necessary subsequent clause, declaring it to be his duty to "see it was to introduce a different system, as well to guard the that the laws are faithfully executed." Here the power reputation of the officers from unjust suspicions, as the of removal is as fully granted as if it had been developed treasury of the nation from embezzlement. One has been by the clearest periphrase. No principle is clearer than provided, which, by requiring the signatures of different that the grant of power or the requisition of a duty, officers and registers in their respective offices, effectually implies a grant of all those necessary for its execution; answers the end. The value of this single regulation can and it is equally clear that the power and the duty of scarcely be too highly appreciated. Seeing these evi-causing the laws to be executed must carry with it that dences of regularity and economy, and hearing of many of selecting those persons necessary and proper to carry others, that either have already taken place, or are pro- them into effect. But if, after having selected them, jected, I cannot but consider the charge of extravagance they are found unfit for the purpose, the same necessity as entirely undeserved. Whenever it shall be again made, exists of changing the selection which has been made; and supported by proof, I promise the gentleman that no but this cannot be done in any other way than by remoone will go farther to blame or to correct the evil than I will. val; therefore, the power of removal is a power necessary But, if I dared to offer my advice to men who want it so little, for the due execution of the laws: and, being necessary, I would say, reserve your invective against extravagance must be presumed to have been given with, and annexed until you have clear proof of its existence; by making it to, the power of executing the laws; which is the Execuwithout reason now, you lessen the weight of your testi- tive power of the President alone, and cannot be divided mony hereafter, when, perhaps, it may exist. with the power associated with him in making appoint My friend and worthy colleague seems to have trans-ments. If my mind be capable of appreciating the force ferred this charge from the President to those in this of reasoning by deductions, this is conclusive against the House who favored his election; he has taken up the re- participation claimed by the Senate in the right of report of a Committed of Retrenchment at a former ses-moval. But this is not all. Supposing the position were sion, and rebukes us for not following up the plan traced true, that the power which appoints must, of necessity, out in that report, some of which reforms he has honored remove: how would the case stand? Who is it appoints? with his approbation. If this is meant as a reproach up- The President--he alone appoints. But, because there is on the administration, it is hardly a fair one; for I know a restriction on the one branch of his power, by making of no means, of no influence, by which they could in- the advice of the Senate necessary to an appointment, duce the members of this body to pursue the course of does it follow that he cannot execute the other branch reform, other than that which has been pursued; the without that assent also? He has two powers by the arPresident's message, if acted on in the spirit which dic-gument-to appoint and to remove: surely the constitutated it, will certainly satisfy the severest economist; and tion might reasonably provide that the Senate should have although I am not prepared to say that I should adopt all a veto on the first, without having it necessarily implied the measures he recommends, yet he sufficiently indi- that they gave it in the second. Let it be remembered that cates a desire to advise and approve every plan for re- the Senate do not appoint; they can never select; they can forming abuses that the wisdom of the Legislature might devise. Let my colleague, therefore, give his aid in the work; let him select the measures he approves from the report of the Committee, support them with the ability he is known to possess, and there is no doubt they will be adopted; in the mean time a little patience will show perhaps that others are laboring in the same cause, and it is hoped their labors will be successful. only approve or disapprove, they can advise, or refuse to advise. But, independent of abstract reasoning, let us examine, from practical results, what the constitution really intended. The wise framers of that instrument could not be ignorant of the great republican principle, that to every grant of power, responsibility ought to be annexed--responsibility to the laws for its wilful abuse or neglectresponsibility to public opinion for its indiscreet or erroThe remaining charges are so connected with the con-neous exercise. If there were, then, even a doubt of the stitutional question of the right of removal from office, construction in this case, to what solution ought this that it will be necessary to examine the several doctrines principle to lead us? When the President removes, his now resuscitated after having been at rest forty years. act is known: should he act from corrupt motives, he is The first position (I do the Senator from Delaware the liable to impeachment. Should he act from indiscretion justice to say that this strange construction is not his) is, only, public opinion, from which there is no escape, will that the power of removal from office is annexed to the pass upon his conduct. But admit the co-operation of the appointing power, from its very nature; and that the con- Senate. What happens? First, the perfect irresponsibility stitution having vested the right of appointment in the of the President, both at the bar of this House and at that President, by the advice and consent of the Senate, the of the public. Having co-operated in the offence, by adsame advice and consent is necessary to effect a removal.vising the removal, how could we punish it as a crime? There is so much color for this argument, that, at the out- And with the public, our confirmation of the act would set of the constitution, men of much discernment were de- be a complete cloak to cover the indiscretion, if there ceived by the fallacy it contains, and argued strenuously were one in the measure, There would then be no refor the joint power; it was, however, differently, and, as sponsibility whatever attached to the President. Would I hope to show, rightfully decided, in the year 1789; and it be shifted upon us? As little. Our sittings are secret— from that time to this, has not, as I hope also to show, our opinions and votes must necessarily be so. been departed from. of the Senate is known: a majority have advised the reOne error of the argument lies in the first position as-moval; or, by refusing to do so, have kept a negligent, or sumed, that the power of removal, where there is no con- incapable, or unfaithful officer at his post. Who is stitutional contrary provision, is inherent at that of ap-chargeable with this? When our terms of service expire, pointment. It has no connexion whatever with it. The will the Legislatures of our respective States know which power of creating a vacancy might certainly, but I con-of us have disappointed the expectations they have formed The act |