Western Sun & General Advertiser, Volume 25, Number 21, Vincennes, Knox County, 14 June 1834 — Page 4

poetical Senium-

From ihe Indiana Journal. In Heaven alone i love raithout sorrow" As richest gold has its alloy A purest streanit are mixed with leaven; So love on earth with all its joy. Is full of caret unknown in Heaven: Uarth may claim the meed of love. Boasting;' all the mind can borrow; But alone in Heaven ahove. Can we find it free cf sorrow. Hope may feed us well to-day. Promise fruits of love to-morrow; But 'tis God alone can say. Taste it pure unmix'd with sorrow. Dearest friends and dearest pleasure. All that ives our hearts delight. Proves but fleeting fruitless treasures. Which a moment's time may blight. Beauty fades and wealth decays. Fancy dies and mcm'ry wither!, Xove grows cold with earth's delays. All that's charming Roes together. WHITE HIVER. LETTER VII. To THE PEOFLE OF THE UNITED STATES Extracts from the Debates in Congress, upon the organization of the Executive Departments, in l?S9;exhibiting clearly the principles of the Constitution in relation to removals from office, as theu understood. Countrymen: In my last, I showed that th dismision of one Secretary of the Treasury, find the appointment of another the result of which was the transfer of the public deposites from the Bank of the United States to certain States Banks is the real ground of controversy; that this is ivhat the twenty-six Senators have condermiea as a violation of the constitution and laws, and that, for the purpose of making the Executive authority subservient to the Senate, the Bank Senators propose to divest the President of the constitutional power of removal, and take it into their own hands. I also showed that en the meeting of the first Congress, in 1769, there was in fact no Executive au thority in the Government, and that it is the acts of Congress only which give it ubstaniial power, in this letter, I pro pose, by extracts from the proceedings of the first Congrees, to show how, and upon nrhat principles, the executivo Department was organized and put into a con dition to perform the constitutional functions which might be devolved upon it by law. Congrcrs met on the 4th of March, 17S9, and it was the 30th April before the President was inaugurated. Civil Lxecu tive DepartmentsVinchiding the Treasu rv, had been organized under the confede jation; but their functions ceased with the commencement of the new Government; ,nd the President, though clothed by the constitution with the whole Executive pow -er as it might accrue, had no hands with which he could exercise it. On the 19th Iay, the subject was first introduced into the Committee of the Whole in the House of Representatives, iu the following man ner, viz. Mr. Boudinot. "I rise, Mr. Chairman with diffidence to introduce a subject to the consideration of tin committee, which 3 had hopes would have been brought for ward bv an abler hand, the pressing ne cessity of it mast alone be mv excuse. The great Executive Departments which Mere in existence under the late confede ration, are now at an end, at least so far as riot to be able to conduct the business of the United States. If we take up the present constitution, wc shall find it contemplates Departments of an Executive nature in aid of tho President. It then remains for us to carry this intention into effect, which I take it will best be done by settling principles for organizing them jn this place, and afterwards appoint a Select committee to bring ia a bill for the eame. "I shall movo the committee, therefore, to come to some such resolution as this: That an office be established for tiio management of the finances of tho United States, at the head of which shall be an officer to be denominated the Secretary of Finance. I am not tenacious of the style; but the object I have in view is to establih the Department, after which we mav go on to narrate the duties of the officer accommodate the name to tho acts be is to perform.' Thus it appears that the very first time tho subject v.-n 3 mentioned in Congress, the Executive Departments were declared to be "in aid of tho President," and that cf tho T rcasury was the first one named. Mr. Benson "approved of the division mentioned by the gentleman, but would with his leave, move that there be esta blished, in aid of the chief Magistrate, xureo Executive Departments to be so verally denominated the department of foreign Affairs, Treasury and War. Mr. IScns withdrew his motion, and Mr. Madison moved, that tu the opinion of this committee, there dial I be establish. ed au Executive Department, to be denoJminated the Department of Foreign Affairs, it th9 head of which thall bo au offi

cer to be called the Secretary of the De-T

partment of Foreign Affairs, who shall be appointed by the President, by and with the advico and consent of the Senate, find to be removable by the President. "That there "shall be a Treasury Department, &c. using the same language. "And there shall be a War Department, etc.77 Mr. Lircrmore "was not prepared to decide on the question, even as now- . brought forward, nor did he see a reason why the Department of Foreign Affairs was placed at the head of the list. lie thounht the Treasury Department of more importance and ought to have the precedence. ' After a short debate, the words re lating to the mode of appointing tho Se cretary of Foreign Affairs, were struck out, and it was moved to strike .out so much as declared him to be removable by the President. Mr. Madison said,"I think it absolutely necessary that the President should have the power of removing from ofnee; it will make him in a peculiar manner responsible for their conduct, and subject him to impeachment himself, if he suffers them to perpetrate with impunity high crimes and misdemeanors against the United Slates, or neglects to superintend their conduct, o as to check their excesses. On the constitutionality of the declaration 1 have no manner of doubt." Mr. Thatcher asked "why the judges were particularly uientionned in the con stitution as holding their office during good behaviour, if it was not supposed that without this declaration in their favxr they, in common with all other officers,, not immediately chosen by the Stato Le gislatures and the People, would hold them during pleasure." Mr. Goodhue "was decidedly against combining the Senate in this business: he wished to make the President as res ponsible as possible for the conduct of the officers who were to execute the duties of his own branch of the Government. It was tho peculiar duties of the President to watch over the Executive offi cers; but of what avail would be his inspection, unless he had a power to correct the abuses he might discover!" Mr. Madison said: "It is one of the most prominent features of the constitution a principle that pervades the whole sys tem, that there should be the highest pos sible degree of responsibility in all the Executive officers thereof. Any thing, therefore, which tends to lessen this re sponsibility, is contrary to its spirit and intention, and unless it is saddled upon us expressly by tho letter of that work, I shall oppose the admission of it into any act of the Legislature. Now, if the heads of the Executive Departments of the Go vernment are subjected to removal by the President alone, wo have in him security for the good behaviour of the officer. If he does not conform to the judgement of the President, in doins: the Executive duties of his office, he can be displaced. This makes him responsible to tho great Executive power, and makes the President responsible to the public for the conduct of the person he has nominated and ap pointed to aid him in the administration of his Department." Mr. Bland "moved to add to the words of the motion "by and with the advice and consent of the Senate," so that the power of removal might be declared to be in the 6ame body as tho constitution placed the appointment.' Mr. Clymer said, "the power of re moval was an executive power; and as such belonged to the President alone. By thecxpres words of the constitution "the Executive power shall be vested in a President of the United States of America.1 The Senate were not an executive bodv they were a legUIative one. It was true in some instances, they held a qualified check over the executive power: but tha was in consequence of an express decla ration in the constitution. Without such declaration, they would not have been cal led upon for adv ice and consent in the case of appointment. Whv, then shall fnex tend tlicir power to control the removal, which is naturally in the executive, unless it is otherwise expressly declared in the constitution." "The question on. adding the words by and with the advise and consent of the Senate,' as moved by .Mr. Bland, was put and lost." Mr. Vining said, Ht was well known that the Senate had to decide upon an em peachment made by this House. How can they bo impartial judge.-', whenShev havc already given judgment in the case? Suppose the President communicates his opinions to the Senate, respecting the malteasancc of a public oiucer; and thev from faction or party views, 'or, indeed from want of full information, refuse their consent to the removal can they be the equal and unbiassed judicature which the constitution contemplates thciu to be? lie thought they could not." "The question was taken and carried by a considerable majority in favor of declaring tho power of removal to be iu the President. Tho committee then proceeded to the consideration of the Treasury Depart ment." Mr. Gucrry u moved to amend the resolution so as to read there shall bo established a Treasury Department." At the hft'id of which there shall be three Commissioners, to be denominated the Board of Treasury.'1' This question was lost, and tho resolutions of Mr. Madison relative to the Treasue f and War DeparUuout were adopted.

The resolutions were reported to tho

House as adopted in committee, concurred in bv that bodv, and a iclect commit tee appointed to bring in bills establishing the Departments of Foreign Affairs the Treasury and War, with a Secretary at the head of each, " removable by the President11 On the 2d June bills were reported to establish the Departments of Foreign Affairs and War, and on the 4th a bill to establish ihe Treasury Department. On the IGih Juno, the bill to establish the Department of Foreign Affairs was taken up, and it was moved to strike out tho words to be removable from office by the President of the United States.9 A long debate arose on this motion from which the following are extracts, viz. "Mr. Madison said, 'It is evidently the intention of the constitution, that the first Magistrate should be responsible for the Executive Department. So far therefore, as wc do not mitkc the officers that arc to aid him in the duties of that De partment responsible to l.im, he is not responsible to the country." "The constitution affirms, that the Exo cutive power shall be vested in a President: Are there exceptions to tliis propo sition? Yes, there are. The constitution says that in appointing to office, tho Senate shall be associated with the Presi dent, unless in the case of inferior officers, when the la shall otherwise direct. Have we a right to extend this exception? I believe not. If the constitution basinvested all Executive power in the Presi dent, I venture to assert that the legisla ture has no right to diminish or modiiy this executive authority. 'The question now resolves itself into this: Is the power of displacing an Executive power' I conceive if any power latsoever, is in its nature executive, it is the power ot appointing, overseeing, anu controlling those who execute the laws. If the constitution had not qualified the power cf the president in appointing toofficc,by associating the Senate with him in that business, would it not be clear that he would have :he right by virtue of his exe cutive power, to make such appointment? Should we be authorized in defiance of that clause of the constitution. 'The exc cutive power, shall be vested in a Presi dent, to unite the Senate with the President in annoiatment to office? I conceive not. 'And in as much as the power ot it moval, is of an executive nature and n affected by any constitutional exception, it is beyond the reach of the legislative body.". Mr. Wining said "The President takes the lead in the business; he nominates; wherefore he becomes answerable for the officer. But whose officer is he? Not the Senate's; for thev have no executive business to perform," &c. Mr. Ames said "The constitution places all executive power in the hands of the president, and could he personally execute all the laws, there would be no occasion for establishing auxiliaries; but the circumscribed powers of human nature in one man demand the aid of others." "The Executive powers are delegated to the President-, with the view to have a responsible officer to superintend, control, inspect, and check the olliccrs necessarily employed in administering the laws. The only bond between him and those he employs is the confidence he has in their intenritvand talents; when that confidence ceases, the princip il ought to have power to remove those ho can no longer trust with safety." Mr. Hartley said, "In all commercial countries, it will require men of high talents to fill such an office, and great responsibility. It is necessary to connect the business in such manner as to give the President of the United States a complete command over it; so in whatever bands it is placed, or however modulated, it must be subject to his inspection and control. This certainly is the fair construction of the Constitution, &r." 'Anotheoreason why the power of re moval shouldQe lodged with the President rather than the Senate, arises from their connexion with the ie. le. The Presi dent is the repicsentativo of the people iu a near and equal manner; he is the guardian of his country. The Senate arc the representatives of the State Legislatures; but they are very unequal iu that repre sentation. Eich State sends two members to that House, although their proportions are as ten to one." Mr. Lawrence said rLet mc ask the gentleman who appoints? The constitution gives uii advisory power to ihe Senate but it is coiistJered that tho President makes the appointment. 'His appointment and responsibility are actually his; tor it is expressly declared that ho shall nominate and appoint, though their uuvie is required to betaken. It' from tho nature of the appointment, we aro to collet the authority of removal, then 1 say the latter power is lodged iu the President, "In tho Constitution the heads of Department uro considered the mere assis tants of the President in the performance of his executive duties, lie h is the apcriutendence, tho control, and the inspection of their conduct; he has an inliinate connexion with them; they must receive from hi rn his orders and directions; they must answer his inquiries in writiug wheu he requires ifn "But it has been said by some gentlemen that if it ihe power of removal is lodged here, it will be subject to abuse; that there may be a change of otlicers and a complete revolution throughout the whole E&wcutivo Department upoa tho c

lection of every new Prsidnt. I admit that this miv be the case, and contend

that it should be the case if the President thinks it necessary. I contend that every President ounht to have those men about him in whom he can place the most confidence, provided the Senate appro e his choice." Could the usurpation of the twenty-six Senators, in denouncing the removal of Mr. Duane as a violation of the constitution, be more clearly developed! Can it be made more plain that Mr. Clay's re solutions, denying to the President this power, and attempting to transfer it to the Senate, would, if adopted and carried into effect, subvert one of the fundamental principles of the constitution? If any one still doubts, I will satisfy him by fur ther extracts from the speeches of the wisest of our revolutionary patriots and sages. These ancient records are stores ot wisdom from which the Republicans of this day may draw inexhaustible supplies. I know they w ill be eagerly read by all who search after truth. JEFFERSON. The Saturday Courier. The largest and cheapest Weekly Aetcs rarer in the United States, is published ercrti tSaturdau bu Woodward and Spragg, price $2 per annum payable in advance npIUS popular journal is printed on a U sheet ot the largest dimensions No other weekly paper is comparable to it in size. It contains thirty-two columns of reading matter, each column being equal to twelve pages of a duodecimo book. The Courier though but three years in existence has an actual circulation of over twenty one thousand copies. This unpa ralleled patronage shows the high estinialion in which it is every where bcld. The Courier posseses advantages over ,, , , , ,, all other weekly newspapers. Its immense size admits of the greatest possible vane-

tv sitifl its contents furnish an extensive!,. . . - .

useful, novel, entertaining and instructive -' ; ;..:. "..:-:- a :.,M,Mir. miscellany, comprising the different brandies of popular literature, such as Tales. Poetry, Essavs, Criticism. &c; notices of the Fine Arts; Humor, Sporting AnecUOtCS, OKClcnes OI llie iiuu mauucia, lice Reports, Prices Current of the Grain! I Market, Foreign and Damestic intelligence and an abstract and summary of ali matters wtncu my possess interest lor iuu neral reader. The original articles of the Courier are contributed by the ablest writers in the country, and in the selection of literary inatter, among other periodicals which they reThrough their agent Mr. Willrncr they arcalsu furnished with the choicest Engliirlinrr tUe InlinTliill Ttol !' lish papers,including the John Bull, Bell's Ltle in London, &c. In preparing the contents of the "Courier strict regard is paid to News. All roreign diligence, up to the latest dales, is invariably given, and whenever a press of important matter may require it, an extra will bo published. The summary of domcstic atrairs is more complete, correct and full and embodies a greater extent and variety of information than can be found iu any other paper, asm addition to a condensed statement of localities, a synopsis of passing events in all parts of the country is regularly prepared and publishcd. The Editorial Department embraces! reviows of new publications; notices of the line arts, Scc: remarks on general tojiics, descriptions of public improvements, amusements, &,c. discussions of subjects, dramatic criticisms, &.c. This depart nient nas been anu win continue to ue conducted in a spirit of the most fearless independence. YThatever comes fairly within observation, slnll be lrankly dealt with, and no station or influence will deter the prompt decided expression of unbiassed opinion. In line the Saturday Courier professes to be the largest, cheapest, most diversified, entertaining and instructive weeklv newspaper issued from the American press. The publishers claim for its contents a character of vigorousor iginality, judicious selection, extensile variety, and interesting detail; and they invite comparison wiih contemporary publications. PREMIUMS. Persons procuring five subscribers to this paper, and fjrwarding the amount of a year's subscription, ten dollars, will be entitled to a sixth conv gratis. Persons forwarding ;en subscriber?, and remitting twenty dollar.-, will be entitled to an extra copy and a discount of 10 per cent. Persons forwarding fifteen subscribers, and thirty dollars, will be entitled to an extra copy r.f the paper, and a copy of Lord Byron's Works, Sir Waher Scott's Works, or at.y other work of a similar character and value, which may be preferred. Uncurrent notes of solvent banks received at par. Address, postage paid, WOODWARD & SPRAGG, No. J, Athenian building, Phila. Subscriptions at the office of tha Western Sun. i3lauUo for iUUuola On kasdajKi frr tale at this 0ce i i "ii - . i

the publishers have extensive iaci- ficicncv of the personal tnt of '.A Am.

lilies. I heir exchange list includes the ceased, (and so much of the real, as has most valuable American journals, and heen Knlrll tn nav k; rt-Ktc :

ccive irom abroad may dp specially enu- balance of the real estate; and it appearmerated Bulwcr New Monthly, the Me- ingtothe satisfaction of the court, that tropolitan, Frazier's M-igazine, London Benjamin Harris and Archibald Hill who Literary Gazettte, Blackwood's, Mrs Nor- are heirs of said deceased, are not'reiton's La Belle Assernbellee, World of dents of the State of Indiana; It is thereFashion, and the United Service Journal. fore X)rdcrcd. that the oenHnrv ,S tK

Head Quarters for the West

ern States. CLARKE & COOK, Ajcntt for YATES & M'INTIRE. Distant advanturers will find below, tha out hoes ot two brilliant, liberal and advantageous schemes. MONONGALIA LO TTERY Class No. 5 Drawl on the 21st of June, drawing received on the 25th June. Capital 820,000'? Tickets only 4 dollars. ANOTHER MAMMOTH. Dismal Swamp Canal Lottery, Class No. 12 for 1S31. Draws on the2Sth of June Capitals $30,000 $10,000, 5,000, 75 of $1,000 and 84 of 500 Tickets only 10. Please address CLARKE &, COOK, Wheeling Va. Those who do not receive ihe schemes in time to send for Tickets, in any particular Lottery, by remitting 10, 20, or 50 dollars, will have it invested in the first attractive Scheme. Distant ad venturer will find the mail la safe conveyance. N. B. When $10, is remitted postago ""- p"". TAIIENUP Y John Knox, living in Harrison i township, Knox county, State of In diana, on the 21)th day of Apnl. 1834, one , BAIT HORSE, five or six years old. about 11 ji it v ana a nan nanas High, thrfo mliitn roof OAma eo . . , . , 'nr . f l niiJ uiaw iavb auiuaiscu ill UU 13r?. . . , . "e luwaay oi May, inji. fa,.u ioo ino( 1 Ma 31 834--19-3t JAMES II COOK, J f. STATE OF INDIANA, Sullivan Countv. SULLIVAN COUKTV 7SOBATK COURT. jjffltr Term. A. D 1M4 George Boon, Administrator of the estate qF Tyra Harris, deceased. 9Sm The heirs of said Tvra Harrl Anvlication for thcSale nf re rrpil E said George Iloon having filed J his memorial, suggesting the insufan order of this court, for a sale ot the said memorial, be given bv causing pv 0f this order to be inserted three u I ... a co nrArm jn guccession, in the Western Sun Iweeklv newsnamr r,,u;vkl v:. cennes, in the countv of Knox, at least Uixtvdava before ih fire A ,.f .k term of this court, that th A n,,,;; Harris and Archibald Hill, may be warned to appear in this court, at the next Augugt term thereof, to be held at the court house in Merom, on the second Monday of August next to shew cause if any they Can, whv the balance of the real estate of said deceased shall not l .M nA made assets for the discharge of the said fobta. Bv the Court BENJAMIN WOLFE, Cleric. Mav2 is:tl lPt,oi In the Vanderburgh Circuit Court, Marci Term, A. D. 1S31. Susan BohalL, PETITION JOR DIVOECa. David Bohall. AND now here on the affidavit of a disinterested person it appearing to the sausiacuon ot the court here that the sail Indiana: J is therefore Ordered, that tho said defendant appear here on or before the next terra of this court, and answer the petitioners said petition, or the mat. ters and things therein contained will bo heard and finally adjudicated upon in his absence; And that notice of the penden. cy of this petition be given by publication for three weeks successively'in the Western Sun newspaper, published at Vincenne, at least sixty days before the next term of this court, and that this cause bo continued until the next terra of this court. Copy Attest. W. T. T. JONES, Clerl. ,r o, , By J. G.JONES, d.c. Miy31, 1S3L 19-3t Lr:p - '-waj& inn ? i i 1 1 1 GOODS. ROSS EWIXG, a AVE just received a handsome sa ply of GOODS, Which added to their former stock, makes he assortment general and complete.. They will sell low for Cash, or for such articles of produce as are usually received io htores. Vincennes, May 10, 1834. 10 3ra OF EVERY DESCRIPTION.

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