Western Sun & General Advertiser, Volume 25, Number 15, Vincennes, Knox County, 3 May 1834 — Page 2

and though they arc undoubtedly responihV t the -States, yet, fr.'m llieir extended term of service, the etVect of that response ilitv, during the whole period of that term, must very murh depend upon their own impression of its obligatory force. When a body, thus constituted, expresses, before hand, its opinion in a particular case, and thus indirectly invites a prosecution, it not only nsumes a powr intended for wise reasons to he confined to others, but it shields the latter from that exclusive and personal responsibilit) under which it was intended to be exercised, and referscs the whole scheme of this part of the constitution. Such would lc some of the objections to this procedure, even if it were admitted

that there is just ground for imputing to the President the offences charged in the resolution. But if, on the other hand, the House of Representatives shall be of opin ion that there is no reason for charging them upon him, and shall therefire deem it improptr to prefer an impeachment, then will the violation of privilege as it respects th:it llmc, of justice as it re gards the President, and of the constitu tion, as it relates to b)th, be only the more conspicuous and impressive. The constitutional mode of procedure on un impeachment has not only been wholly disregarded, but some of the first principles ot natural right and enlightened jurisprudence, have been violated in the vcrv form of the resolution. It carefully abstains from averring in tchick if "the Me proceedings in relation to the "public tevenue, the President has assumed 1111 himself authoriu and power nt "conferred by the constitution and laws." It carefully abstains from specifying what lair a or what parts of the constitution have been vi dated. Why was not the certainty of he offence uihe nature and cause of the accusation" set out in the manner required in the constitution, before even the humblest indi idual, for the smallest crime can be exposed to condemnation ? Such a specification was due to the accused, that he ini"ht direct his defence to the real points of attack; to the People, that they miht clearly understand in what particulars their institutions had been violated; and to the truth and certainty of our public annals. As the record now stands, whilst the resolution plainly charges upon the Pres dent at least one act of usurpation in "the late Executive proceedings in relation to the public revenue," and is so framed that thoo Senators who believed that one. such act, and only one, hud been committed., could assent to it; its language is yet broad enough to include several such arts; and so it may have been regarded by - some of those who voted for it. Cut though the accusation is thus conprehensive in the censure it implies, there is no such rerts'inty of time; place, or circumstance, as to exhibit the particular conclusion of fact or law which induced any one Senator to vote for it. And it may well have happened, that whilst one Seuator believed that s.-me paiticular act embraced in the resolution, was an arbitrary aud unconstitutional assumption of power, others of the majority may have deemed that very a t both constitutional and ex pedient, or if not expedient, vet still wiihin the pale of the constitution. Aud hns a majority ol the Senator nipy have been cnaldcd to concur, in a vng;ie a. id undcli aicd accusation, tint die President, in tlu course ot "the 'ate Executive pr.' eciun in relation to tlu p-i'dic revoivao,v had violated the co:.stitu!ion a -d law; vhi'st. if a separate le had been taken in respect to eat h particular act, included within the general terms, the accusers f the President might, on any such vote, luue been fmnd in die minority. Still rurtiu-r to excin, ' ity this feature cf the proceeding, it is important to b rere rked, that the resolution, as originally offered to tho Sen ite, speciti !, i !i adeqni'e precision certain acts of the President, whieh it denounced as a violation ot the cnstituiiou and laws; aud that it was riot until the very clofe of the debate, and when perhaps, it was appn bended ihat a nnjority miht not si.s;am ;he specific ac cus.tion continued iu it, that the resolution whs s modtfivd as to assume iis present form. A more striking illustration of the soundness aed necessity of the rules which firbid yaguu and inucf.tiite genciT.lnics, ami reqtiiie a reasonable certainty in all judicial allegations; and a jn ue glaring instance of the i datiou of those rules has seldom been exhibited. In this iew of the resolution it must certainly be rejarded, not as a vindication of any particular provision of U: law or the constitution, but simply as an offi cial rebuke or condemnatory sentence, to., general and indefinite to be easilv repel led, but yet sufficiently precUe to bring it.;-- t'isere lit th"4 conduct and iiKtivcs of tb Executive. P it whatever it mix hao beei'-moti.iedto eo.plih, it is L! v 1 "us that be vai je.. .cr.orai. an !::s;rae f rm cf thv res.umi,)-,. ; erlcei k.v . uithth se o ber d epart .ros fr fn-tprin-cip'es und seuled iuuiro e:nct:is u, j tnj jtuducp, ta propcriv th0 ioasivt fre cc oitries in tnodoru tin.es. And it is iut too m di to say, of the wh.,io of these pr :eceviini:s,th:it if thev sh ill ne approved a:;d susiauied by an i;oe;lijeni people - - 1 r r tb . . 1:1. . . en wii. mai grtax t.on.i.' wimi arbitrary, 1 1 . 1 .......

power, which liad es.al libe i in t it,iu--J ;hat this power was exercised In the Pre- ur Pr ii'ns, or clothing, or arms and inula bils of rights, m sacrd chatters, ni.d Uident in virtue of a grant from Confess nitions of war. The superintendents and

in institutions ot invernnient. then-ht of ecr citizen, to a notice before uia!, t a bearing tcfore conviction, and to un impartial tribunal for deciding on the charge, have been waged in vain. it the resolution Intl t ecu Ictt in its eninal ibtm, it is nvt to be presumed that

it could ever have received the assent of a

maiority of the Senate, tor the acts thcra-' in toecified ns violations of the constitu tion and laws were clearly within the lim its of the Executive authority. Thev arc the "dismissing the late Secretary of the Treasury, because he would not contrary to his sense of its own duty, remove the "money of the United States in deposite "with the Bank ot the United States and its "branches, in conformity with the Presi dent s opinion; and appointing his sue "sor to effect such removal, which has been "done." But as no other specification has I een substituted, and as these were the "Executive proceedings in relation to the public revenue," principally referred to in tho course of the discussion, they will doubtless be generally regarded as the acts intended to be denounced as "an as"sumntion of authority and power not I a "conferred by the constitution or laws, but "in derogation of both." It is therefore due to the occasion that a condensed summary of the views of the Executive in respect to them, should be here exhibited B the constitution, "the Executive power is vested in a President of the United State." Among the duties imposed upon him, and which he is sworn to perform, is that of "taking r.aro that the laws be faithfully executed." Being thus made responsible for the entire actioi. of the Executive Department, it was but reasonable that the power of appointing, overseeing, and controllins those who execute the law si power in its nature executive tdio'dd rtmain in his hands. It is, therefore, not only his right, but the constitution makes it his duty, to nominate, and by and with the advice and consent of the Senate appoint," all ''officers of the United States whose appointments are not in the constitution otherwise provided for," with a pro viso that the Hprtintincnt of interior ofiiccrs may be vested in the President alone, i in the Courts if mstiec. or in the iltiads 1 j 1 - of Departments. .... iar,,.a Fuu ... "i Senate, is neither that ot "nominating "nor appointing." It is mcrch a checK upon the Cxecutixc power of appointmc t. It individuals are porposed for appointment by the President, by them deemed incompetent or unworthy, they may withheld iheir consent, aud the appointment canuot be made. They check the action of the Executive, but cannot, in relation to those verv sut iects, act themselves. nor direct him. Selections are by the Pieiuut, and the negative to the Senate, without dimimsl spousii ility, furnishes an addit rantce to the country that the natc executive, as well as the judicial oilices, shall be rilled with worthy and competent men The w hole Executive power bcini vested in the President, who is responsible for its exercise, it is a necessary consequence that he should have a ri;ht to employ aEcntsof his own choice to aid him in the! performance of his duties, und to discharge them w hen he is no longer w illing to be responsible for their acts. In striet accordance with this principle, the power of remoxal, which, like that of appointment, is an original Exccuthe power, is left unchecked by the Constitution in relation to all executive officers, for whose Conduct 'h0 President is responsible, w hile it is taken lrm bun 1:1 reution to all j.jdieiul officers, f r wluse acts he is not responsible. In the government fr un w hich many ofilic fundamental print iples ot our sv stem are ierivtd, the Head ot the Executive Dopartment originally had tho power to ap - point and remove at will 11 officers, Ex ecutive atid Judicial. It was to take the Judges out of this general power of re - moval, and thus make ihem independent of the Executive, that th tenure of 'heir o?Tiees was changed t- good bcluviour. N ir it coueeivable why thev are placed, in ur cumulation, upon a tenure dittorent from ikat d ail other oihVers appointed by the Executive, unless it be for the same purpose. But if there were any just ground for doubt on the fare of the constitution, whether all executive officer are removable n the will uf the President, it is obviated )v the contemporaneous construction ot 5 ho instrument, und the uniform practice under it.

The power of removal was a topic of ! lhal ,,mc liow 10 lHC present, the Secrcsolcmn debate in tlie Congress of ns'l, ! tar' of the Treasury, the Treasurer, Rcwhtie organizing the administrative de-! Pister' Comptrollers, Auditors, and Clerks, partments nf the Government, and it wast who tlil f'ti,ce3 ol thal Apartment, finally decided, that the President derived ! ;m' 1,1 practice ot the government, from the constitution, the power of retnov-1 botn considered and treated as 0:1 the al, so far as it regards that department tor samo footing w ith corresponding grades of whose acts he is responsible- Abho.igh ' 'tbeers in all the other Executive Departhe debate covered the w h de ground, em-1 lM"nt:?i raciiu the Treasury as well as all' the! 'Phe custody of the piblic property, unotluT Ex.'cutive Dopartments. it aroso on : Jcr regulations as may be prescribed

m ti in ! Mnke out of the bill to esta f Forei'n A flairs j i li-U a Department ot hiuce called 'be l)eeartrieot i.f S5r .to 'm -biuse deebirin- the S eret:irv ?, r... . w, - v nil)' able from office by the President of the United Stites. After that motion had neon leci led in tho negative, it was

nerecived that these words did not convey , ordinate- Departments of tht government, tho sense of the il .ue of llepresenta"- as tnp;uls lu them in p?rfor:ni'ig their lives, in relation to the true source of the JPPrPate functions,) is in charge of offipower of removal. With the avowed oh- cers appointed by the President, w hether

i . i.vt of nreventmrr any uture int.rpnre. when in fact that bod v considered it as derived from the const'itution, the words uhich had been the sul ject of debate w ere struck out, aud iu lieu thcreofarlau.se was inserted in a provision concerning the Chut Clerk of the Department, which ! declared that "whenever the said prttici -

j"pal officer hall be removed from office

'by the President of the United States, or in any other case of vacancy," the Chief Clerk should, during such vacancy, have

charge of the papers of the office. This officer can be created by Congress for the change having been made for the express purpose of taking charge ol it, whose appurposcof declaring the sense of Congress, pointmcnt would not, by the constitution, that the President derived the power of at once devolve on the President, and wlio removal from. the constitution, the act as would not be responsible to him for the il passed has always been considered as a faithful performance of his duties. The

full expression of the-sense of the Lcgislaturc on this important part ol the Amcncan constitution. Uoro ihnn wn bnvo tho. conrurrcnt authoritv f President Washington, ot the Senate, and tho House ot KcprcscniaDa .,rlvr ,f whom had taken an aclive part in the convention which framed fi. L.e.;i,.i;ft n.t in thninro ronventhe constitution, and in thclate convenlinn whirh nrtontPil it. that UlC PfCS nient I .1 .irt-;..,.,i ., ,.,i;r,c,l nmvrr i, rrnioval Ui,HUtj U&J uinjuuiiiiwu I ' - . . . . . from that instrument itselt, which is -befl,l .K rrh nf Iialative authority " ITn... ..rinrintr tl.n Govcrniiieiit has nowbeen steadily administered for about furl v-iivcM ears, durm- which there have been numerous removals made by the lrni.Ipnt nr bv his dirpctioru ciiibracinii nv,rv crrn.ln nf Evftr.ntivo niliClTS. froiil I . . - j the Heads of Departments to the messen- ' N 4l( Tl.TP-nw C3 . ine irasnr iwpanmciii, in me u scussior.sci , was ronsniorca on me same tooUn-j as the other Executive 1).?- ,,. .. panmcnniiu in me uci tuuMiuin- u, mo nruei..- woius VI u Jun-i p.uan-u muicnimj oi i in: s,eu .i voo-lt., ui.u : c 4.1 , r " i. . i resiueui ueme ins power o, remove me oecrelary lroirt the constitution, which ap on'i to in inn nr iuri .itninir inn r 111 rr i w. ...o .-...m.....6 ..... . r.'"'1111111 " A "lt :,n" 'isomi occrciarv oi me 1 ica5ur was creaieu, . . l . I . . HI ..... . 1 and it was provide.! that he sh mhl ta ;e raao ot the iool;s an-J pnj rhari'c ot the doous anu papers ot tho Uepartment, "whenever the Secretary shv.il be removed from off-re by the Presilent of the United States." The Secrel'i ri' rC tlio Trmniiirv lfin'T ! nnni nlofl lnin Pros dent, not ir n- n,n ; nrn. constitutionally removable by him, it ap pears never to have oceurred to any one in the Congress of 17;, or since, until very recently, that he was oilier than an Executive officer, the mere instrument of the Chief Magistrate in the execution of the laws, smject, like all other Heads cf ieparimenis, 10 ins supervision and coniroi. iosucu,uea as an omcer m me congress canoe lounu in mc consiiiution, stitution, but all officers referred lo in tliat instrument, as coming within tho appoint ing power of tiro President, whether cs . . . 1 ; 1. 1.1 ... -i 1 . 1 iai iisiieu inciei'V orereaieti ny law, arc uoilicers of the United States. If joint power ot appointment is given to the 1 wo Houses of Congress, nor is there any ac countability U them as one body, but as soon as any otiicc is created by law, of whatever name or character, the appoint iniint r.C lhr rirri.n nr ni'H.ms tc !!! it devolves by the constitution upon :he Presideut, with the advice ana consent of the Senate-, unless it be an inferior office, ami the appointment be vested by tho law itscif ''in the President alone, in the courts of law, or in Heads of Dep inments." But at the tiu'.c of tb.c organization of the Treasury Department, an incident occiirred which distt'ict'.y evinces the unanimous concurrence of the first Congress in the trmcipde that the Treasury department is wh'dK Executive in its character j and responsibilities. A motion was made ! to sArike out the provision of iho bill ma king it the duty of the Secretary "to diest and report plans tor the improvement i and management of tho revenue, and f r j tnesupportof the public credit," on the j ground that it would give tho Executive , Department ot' the government too much lolhenec and power in Congress. The tnoii on was not opposed on the ground that the Secretary was the officer of Congress 1 and rosponsible to that body, which would ! have been conclusive, if admitted, but on j other grounds which conceded his Exccutive character throughout. The whole discussion evinces an unanimous conciirrence m the principle, that tho Sccre.arv of the treasury is wholly an Executive officer, and the struggle of tho minority was toreslrict his power as such. From ib' legislative authority, has always been considered an appropriate function of the Executive Department in this and all oth er governments. In accordauco with this princ iciple, every species of property be:ing to the United States, (excepting Ion that which is in the use of the several co..i.l....;. 1 -ii- 1 11 uc IJIll'fi r uuuuiims. or merchandise. lepers ot Iho whole are appointed bv ...... li,e President, responsible to him, aud rcble at ins w ill. Public m mey is but a specie of public Pro!)ert It cannot be raised ty taxation or cusioins, nor orougm into the treasury j ln an ,hcr wa except by law; but

stul made 1, lP nr:,1.vlrc tn lint(1 cll(rwnBf,.fi ;,.if.,u. ' VJ TST7 &?&.Tiw

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lonal gna. , f 1 1 .1 1 . ?T7F7-TrDTf,

v.- 1 :i 1 1 11 1 1 1 'TV 1 11 111VM Mil 'I'mnnir mm

SUOlirOl- 1 . II .1' . 1- 1. .. I

whenever or how?oerer obtained, its cus-

todv always has been, and always must he, unless the constitution be chanced, intrusted to the Executive Department. No legislative power mav undoubtedly bind him and the President, by any laws they rnav mink proper to enact; tnev may prescribe in what place particular portions . r , . . - " me puunc money snail oe Kepi, anu ior -wi .wwu u 9dii w remutu, '' mreci uiui Mippues ior mo arui uf nav shall be kept in particular stores; nd it will be the duty of the President a it win ue tnc outy ot the rresuieni lu max in- ijw is i.iuniuiiv exccuieu i . ..-ii .!.. .i i: I yet will the custody remain in the Exl - i . la.t...A.JA A l. . A ' oeparuncniui uio -ocrnmpru. ere v.onrcss to assume, with or without a legislative act the power ct oppo.ntin- officers independently of the 1 resident, to take the charge and custody public property, contained m the mary ana naval arsenals, ma-azmcs !..... l t- I .1. I. tlnu SloreilotlsCS, 11 IS LCIieVCU Uiai bUCII 111 1ft ll-ntll J I n ,rr J ,.,1 K .-. I I n- nnoi .uu,,'a'uwl '7 a' " 7 V ime usurpation ot lvxccutive power, sun versiveot the torm as well as the lunua metal principles of our covernment. Bt here is tho difference in principle, v, ilf.,i.. ti: ... ... :.. .i. c. 'iir.nr-i nit iuuiiu lilvijiiiu UU 111 llic li'liu of munitions of war, and supplies, or ,.rl n. cilv.-r nr lmi.tr nntn? oni r? ' ,.an tt, tl!.rroivPfl nnnn i. hplirvrd to ox ist Con-ress cannot, therefore, take out I" L,j tho hands of lho ExeculIVC ment, the custody ot the public property . ... ,ir monev. w I hout nn a:imr,tion nf v ocutivc power, and a subversion of the . ' 1 first princip!es of the constitution. r,..-,.. I'OM'l.UnrD NKXT WEEK. 7 ft y j IIH sunscrihers inform their iriends 1 and the public that they have just received from P'uiladiiphia, Baltimore and Pittiburh, A NEW AM) CEXEKAL ASSORTMENT OF GOODS, Suitable for the present and approaching seasons consisting of rQUKION AM) DOMESTIC and CHINA, GLASS, AND t & STRAW SILK, FUR, PALM, Sc WOOL Eojf's Tonic end Anti-JJisprvtic Pills, A large and general assortment of Ladies. (Jent!chien?, and Ciiildien's BOOTS & SHOES. rhiss.ock of Goods has been carefully scree, !,,r tl. nmket, and w.ll ho M .imisuallylou-iortash.or approved Bar--CI . S. W. J. WISE. Vinccnncs, April V", 1831 1 l-:f RKV'D. II. WHITE nfibctionnteiv solicits tho favor and pa tronage of the citizens of this place, who have children to educate. Terms of tuition by the session, of twelve weeks each: For teaching the Eticjhh Alphabet, Monosyllables, Spelling, Keailing, Writing and common Arithmetic, S2 50 The higher branches of Arithmetic, KngliMi (rrHinniar and (icograpby. Natural and Moral Philosophy, and Astronomy, Algebra, Euclid s Elements. Survey 3 50 4 GO ing, Latin and Greek languages, Hebrew Grammar, gj 00 Vinccnncs, April, 1S34. 1-1-tf STATE OF INDIANA. Posey County. roscYciRcriT coi rt, maiich term, 1S34. James P. Drake, vs. John 15. Weir, AdmV. and others, the unknown heirs of William Snow, dee'd. IN CHAXCKKY. A". ND now here come the complainant, and it now here appearing to the

il

satisfaction of the court here, on affidavit filed, that the above defendants, except the said John B. Weir, are not residents of the state of Indiana, on motion cf the complainant, f is Ordered, that they appear here on cr before the first day of the next term of this court, and answer the said complainant's bill of complaint, or the inaUers and things therein contained will be taken as confessed as against them, and decreed in their absence accordingly. And it is ordered that notice of the pendency of this bill of complaint be "iven by publication of this order four weeks successively in the Western Sua, and that this cause be continued uutil the next term of this court. Test, WILLIAM E. STEWART, c.p.c.c. April Vif, 1831. 1 1 It JOBWOM OF EVERY DESCItiPTIOX. D0NJC WITH PWrATCll AT TIIW Ul'FZlX.

Administrators' Notice. LETTERS of Administration, on the estate of Elias Myars, (late of Daviess county, Iod.) deceased, have been granted to the undersigned by the Daviess Probate court. Persons indebted to said estate will please make immediate payment; and those who have claims against the same arc requested to file them duly

authenticated, and within the time prescribed by law. Said estate is solvent. DANIEL MYAIIS, FREDERICK MYARS. April 36,1631.-11-31 ROSS & j ;o purcncu me enure .w y sl jL. wwuf, iiwijjmj; iu iul'i.uuhuii vi 'l-.mi:...-r. .C. I'.x,-., J i uiiiiui'iii w vj;b. iiuu .lie muw oiicriii" them at reduced prices. Their Assortment h Extensive, nn will be cmpIeto upon the receipt of their Spring and Summer supply, which is expected s-horJly. Those wishing to buy are respectfully invited to call. They retain the store latchoccupied by Tomlinson Sc Ross, on the corner of Water and Market streets, op posite John C.Clark's Hotel. Yincennes, Aprils, ISM. 1! French Burr Mill fetonc 3IIE subscribers respectfully infjrrn the public in general, that they intend to commence Manufacturing French Burr Mill Stones, at this place, in about three or four weeks. Persons wifhirgto purchase Mill Stones would do well to wait the arrival of their Blocks, as thev are of superior quality, selected in NVV York and Philadelphia, from large parcels, by one of the firm. They intend their prices shall be lower tlna the same article can be got here from any other source. From the quality of the Blocks, and j their long experience in ths business ihev hope to give entire satisfaction to those who may favor them with their custom. As to the temper of th3 Blocks the greatest care will be observed to have them of an epial quality in each Mill Stone, and in the manufacture, to have the joints on the back of the Burrs as close as the face. All Burrs manufactured by them will be uarrantcd. BUZBY & HORTO.W Vinccnncs, April 10, 'Y. l-J-tf STATE OF INDIANA, Posey County. j Posnv Psobati: Cofrt, ) February Term, IKil. William E. Stewart, Ad:;;V. and ManAna Stewart, Adm.. of Lionel J. Larkin, deceased, rs. The creditors of the said Lionel J. Larkin. ox complaint ok insolvency. jpIIE said William E. Siewart and MajH ry Ann Stewart having filed ihcir memorial in this co'.irt shew ing the condition of the said estate, and complainin" that the property Loth real and personil i insufficient to pay the debts and demands outstanding against it: It is therefore Ordered, that the filing and pendency of the said complaint be made known to tho rrPftllnre nf lti.- ol.l I ;.,w.1 I I t 1 I ,p.Kn( i. n ,4.,i i: ,.r .1 . - . , . , j (""i.'.aii'di ui iiiib uie-er six weeks st.cccivclv nx the West and (icneral Advertiser, a ueckl l.i: .1. . I ir- . , ern Sun eekly news paper published iu Vinccnncs. Knox coun ty, Indiana; and that they bs informed that unless thev notify the "said administrators of the existence and extent of their claims by filing the same, or a statement of the nature .date (description of the contract upon which tho same may be founded in the clerk's office of this court previous to the final distribution of theaters of the estate of tho said Lionel J. Lirkin, dee'd. such claims will le postponed in favor of the claims of more dili 'cut creditors. By the court. 'I est, W. E. STEWART, Clerk March 21, 1631. 1 M)t THE STEAM BOAT a r 1 . iiu. 1 AKL ETO.V, V V Regular Packet between Cincinnati and Latayctte, touching at the intermediate ports. The SYLPH is very light draught, and to enable her to proceed at the lo'.y stages of water, a small keel boat will be ken, ready at the moulh of the Wabash. Her cabins have been newly fitted up, and the boat being in excellent" order, olf'ri a s" perior conveyance for both gOvds andrasensers W. I). JONES, Anent. Cincinnati. J. C. BUCKLES, LouisvilleFebruary 8, lS31..Ttf TO PRSiMTSHS. THE undersigned continues to manufacture the Franklin Printing Press. He has for sale several secoud hand Siansbury and Raniage Presses. Also, Chases of all size, Composing Slicks, ri j- 1 - r- ... iwuic,uauies, copper moulds, lakin ro!! ers, &zc. &lc. All of whiclt he intends Keep a gt-i.t-rai assorimeni xor the accuir-

modation 01 tae crait. His establishment U on the corner of Elm aud Eighth streets. SAMUEL S. DICKSON. -Cincinnati; Nov. 30, 1S33. Hags! Hags! Uags! CASH, or nOHA't will be given Tetany quantity ot clean Linnen or Cottok AG t ihC WCSTJIRSf SVN o3:CC .