Western Sun & General Advertiser, Volume 25, Number 22, Vincennes, Knox County, 21 June 1834 — Page 4

Dortfcal Stoglum

From the Watchman PAUL BEFORE AGRIPPA. The son of Herod sat in regal state Fast by his sister queen and mid the throng Of supple courtiers and of Roman guards. Gave solemn audience. Summon'd to his bar A prisoner came.who with no flattering tone Brought incense to a mortal. Every eye k. Question'd his browwith scowling eagerU ness, As there he stood in bonds. But when he spake With such majestic earnestness, such grace Of simple courtesy; with fervent zeal So boldly rcason'd for the truth of God, The ardor of his heaven-taught eloquence Wrought in the royal bosom, till its pulse Responsive trembled with the new-born hope Almost" to be a Christian. So he rose, And with the courtly train swept pompous by. Almost "and was this all, thou Jewish king? Thou listner to the ambassadors of Heaven, Almost persuaded?" Ah! hadst thou exchang'd Thy trappings and thy purple, for his bonds Who stood before thee hadst thou drawn his hope Into thy breast even with the sharpest spear Of martyrdom how great had been thy gain! O, ye! who linger while the call of God Bears witness with your conscience, and would fain. Like king Agrippa, follow yet draw back v..) A while into the vortex of the world. Perchance to swell the hoard which Death shall sweep VLike driven chaff away mid stranger bands Perchance, by pleasure's deadening opiate lull'd To false security or by the fear Of man constraint or mov'd to give your sins

A little longer scope beware! beware!

toitandmost in opposition to the princi- ;ty, and sutler officers to skulk out of the

Lest that dread

cf Heaven.

almost " shut you out

LETTER VIII.

To THE PEOfLE OF THE UNITED STATES.

Further extracts from the speeches deli

vered by the Fathers of the Republic,

kVhile organizing the Government in

lViP, showing that the president has an

unqualified power of removal over the

Heads of Departments, and all Execu-

ples I contend for, is that the power to anmil an aoDointment is in the nature of

things incidental to the power which makes the appointment. I agree that if nothing more was said in the constitution, than the! the President, by and with the advice and consent of the Senate, should appoint office, there would be great force in saying that the power of removal resulted, by a natural implication from the power of appointing. But there is an other part of the constitution no less explicit than the one on which the gentleman's doctrine is founded ; it is that part which declares, that the executive power shall be vested in a President of the United States. The association of the Senate with the President in exercising that particular function, is an exception to the general rule; and exceptions to general rules, I conceive, are ever to be taken strictly. But there is an other part of the constitution which inclines, in my judgment to favor the construction I put upon it. The Persidcnt is required to take care that the laws be faithfully executed.

If the duty to see the laws executed be required at the hands of the Executive Magistrate, it would seem that it was generally intended he should have that species of power which is necessary to accomplish that end. Now, if the ofiiccr, when once appointed, is not to depend upon the President for his official existence, but upon a distinct body, (for where there are two negatives required cither can prevent the removal,) I confess I do not see how the President can take care that the laws be

faithfully executed. It is true, by a cir-

cuitous operation, he may obtain an lm-

peachmenrjbid even without this it is

possible he may obtain the concurrence

of the Senate for the purpose of displacing

an officer; but would this give that species of control to the Executive Magistrate

which seems to be required by the constitution? I own, if my opinion was not contrary to that entertained by what 1 suppose to be the minority on this question

I should be doubtful of being mistaken,

when I discovered how inconsistent that

construction would make the consti

tution with myself. I can hardly bring

myself to imagine the wisdom of the con

vention who framed the constitution, con

templated such incongruity.1'

44 est this power in the Senate jointly

with the President, and you abolish at

once that great principle of unity and responsibility in the executive Department,

which was intended tor the security ot

liberty aud public good. If the President

President s enfeebled reach, within the ef

fulgence of their lustre, which is most likely to lay the foundation of universal empire over the liberties of the People." Mr. Sedgwick said.: "It will be agreed on all hands, that thisWhcer without observing on the subject it large, is merely to supply a natural incompetency in man ; in other words, if we could find a President, capable of executing this and all other business assigned him, it would be unnecessary to introduce any other officer to aid him. It is merely from necessity that we introduce such an officer; because all the duties detalied in the bill are, by the constitution partainingto the Department of an Executive Magistrate." "Suppose even that he should be removable, by and with the advice and consent

of the Senate, what a wretched situation might not our public councils be involved in ? Suppose the President has a Secretary, in whom he discovers a great degree of ignorance, or a total incapacity to conduct the business he has assigned him;

suppose him mimical to the President, or suppose any of the great variety of cases which would be good cause for removal, and impress the propriety of such a measure strongly on the mind of the President, without any other evidence than what exists in his own ideas from a contemplation of the man's conduct and character

day by day. What, let me ask, is to be the consequence if the Senate are to bl applied to? If they are to do any thing in this business, I presume they are to deliberate, because they are to advise and consent; if they are to deliberate, you put them between the officer and the President ;

they are then to inquire into the causes of

removal; tho President must produce bis testimony : How is the question to be in

vestigated? becanse, I presume there must

be some rational rule for conducting this

business. Is the President to be sworn

to declare tho whole truth, and to brins

forwards facts? or are they to admit suspi

cion as testimony? or is the word of the

President to be taken at all events? If

so, this check is not ot the least etlicacv

in nature. uut it proot is necessary,

what is the consequence? Why in nine

cases out ot ten. where tho case is verv

clear to the mind of the President that

the man ought to be removed, tho effect

cannot be produced; because it is absolu

the Government, aro given, and such Senators as an usurper, wantonly tramp-

iy tanen away as are expresaiy ww. hnjf on the constitution and laws! If the constitution had stopped here, arid We shaj ghow lhal the wjnQ princjpie9t the duties had not been defined, either thus avowed by the Fathers of the Repubthe President had no powers at all, or he wcr0 lnoso cf the Republican would acquire from the general expression party jn tne jays 0f iu greatest purity, all the powers properly belonging to the JEFFERSON executive department. In the constitution , the President is required to see the laws LOTS JJJ EVANS VILLE.

iattntunv executed, ne cannot go mis ?t . I I . . 1 T- I

wunoui ne nas a control over omccrs p- j coaformity wilh the terms of a deed pointed to aid him in the performance lof his 11 0f trust from G. W. Jones, to me, I duty. Take this power out of his hands, p bU AuclioD t0 hi hes?

ty ; you virtually destroy his respon3ibility, the great security, which this constitu- QQ OS 30 ZlOTS

lion holds out ot the l'eopio oi America. ia the town of Evansville. on the 25

"The President, I contend, has express-Uav Gf june 1S3j

ly the power ot nominating ana appoint- rerms. One half of the purchase mo.

should possess alone the power of remov

al from office, those who are employed m

the execution of the law will be in their

tive officers, secured to him by the con- proper situation, the chain of dependence

stitution. be preserved ; the lowest officers, the mid-

Countrymen: die irrade. and the highest, will depend, as

li there Do anyone wno doubts the con- thev ought, on the President, and the Pre

stitutional power of the President to re- sident on tho community. The chain of

.1 "I T 1 l T-v . . . 1 . I . . -

move tne iieaas oi uepanments wunout dependence, theretore, terminates in the leave of the Senate, let him carefully pc- supreme body, namely, in the People;

ruse the following extracts ot speeches in who will possess besides, in the aid of their

Congress upon the bills to create fcxecu- original power, the decisive engine ot lmtive Departments without leave of the Se- peachment. And let me ask gentlemen, is

nate, let him carefully peruse the iollow- there equal security in this case as in the

ng, tnougli no must o&tam tne consent oi ncy lo bc paiJ Wlluin slK m0nths, and tho

no senate; lie is me agent; me oeuaic other half within twelv

may prevent his acting, but cannot act

hemselvcs. Jr. Sylrcstcr said " Hay it down hen as a positive case, that the President

is invested with all Executive power ne-

cessary to carry tho constitution, ana tne

aws passed in pursuance thereof, into ull cfiect; so far as these powers are un

checked and uncontrolled by express sti

pulations in the constitution. If the ex-

ceptions, with respect to appointments,

lad not been made, the President would

have had that power, as well as the power of removal. In the first, his power is e-

cilpsed by the interference of the Senate,

but in the last, tho manifestation is clear. Both these powers being inherent in the

Executive branch of the Government,

must remain there; yet the Congress have the power to give them ground to act up-

e months, from date

of the purchase. Bond and approved security required. ROBERT M. EVANS. June 7, 1S31. C'0-3t

NEW GOODS

Efit

on.

tely impossible to produce the necessary ! President it is an evidence. Are the Senate to proceed authority Is it co without evidence ! Some gentlemen con- ; j h

J. a T7. HA YE

fTJTAVE Just returned from the

fl with an entire new stock of fash

ionable SPRING AND SUMMER. G003S, Comprising almost every article generally called for, or kept in retail stoi es,ali of which have been carefully selected from the importers and manufacturers, and which will be sold for CASH at the Louisville retail nrirns. nnd tn whirh .' in.

Mr. Vising said: "Who, let me ask, is vito tho attention f all wbo nr dnsir

the Chief Magistrate under this govern- cf cttin bargains ment? The President. What are his du- ivu:, j. t. rr, i , c m c ii a W e have in a great measure detormmties? To see the laws faithfully executed; , - , , n .... . c x y . i .i rr . ii i ' cd to relinquish the Crediting business. it he does not do this ellectually, ho is re t . . -u r n i ... , , ,n .in i By this arrangement we will be enabled sponsible. lo whom.' lo the People. . ' - , , , , .'. 4, tX r ... ,. r. to otter superior inducements to Caiih purHavc they the means qi calling him to i,QAra . i cuasers.

aouin anu puuiMuug nun cS.c. Vincenncs, May 15, 1S31. 17-t

by impeachment, to bc presented by their immediate representatives; if they fail here, the have another check when the election Cpmes round. But what aro the duties and Hv hat is the responsibility of the Senators? vJn their legislative capacity it

is not intended that they shall assist the

additional Executive

FOR SALE.

A'.

ing extracts cf speeches in Congress upon

the bills to create Executive Departments under the constitution. Where the name cf any speaker occurs more than once

in this and the preceding letter, he made

more than one speech.

Mr. Clymer said: 'I am clear that the

JtiXecuuve nas tne power or removal as

incident to his department, and if the con

stitution had been silent with respect to the

appointment, he would have had that pow

er also; the reason, perhaps, why it was . i . .

mentioned in the constitution, was to give

some further security against the introduc

tion of improper men into office. But in

cases of removal, thero is not such ne

cessity for this check, what great danger

would arise from the removal of a worthy

man, when the Senate must be. consulted . i d r

in me appoimnieui ui ms succcssur i is

it liteiy tnat tney win consent to aavance w hich an unity in the iiXecutive was m-

an improper character? lhe presumption stituted."

other? Shall we trust the Senate, respon

sible to individual legislatures, rather than

the person who is responsible to the whole

commuuitv ? It is true.the Senate do npl

hold their offices for life, like aristocracies

... .. ... . .i f , i

recorueu in tne Historic page; yet tne iacry

is, they will not possess that responsibility for the execisc of executive powers

which renders it safe to vest such powers

in them. But what an aspect will this givo to an Executive? Instead of keeping the Departments of the Government

distinct, you make an Executive out of

one branch of the Legislature; you make

the Executive a two-headed monster, to

use the expression of the gentleman Irom New Ilamshire, (Mr. Livermorc ;) you destroy the great principle of responsibility, and perhaps have the creature divided in

its will, defeating the very purposes for

therefore is, that he would not abuse this power; or if he did, only one good man

would be changed for another.

"If tho President is divested of this

Could language more forcibly portray the mkiefs of making Secretaries indeperQ the President? Comparo tho

language and principles of the cool-head

power, his responsibility is destroyed; you cd, wise, and patriotic Madison with those prevent this efficiency, and disable him recently uttered by the irritated, ambitious from affording that security to the People aud vindictive Clay. Who w ill hesitate

in his decision between them?

Mr. Benson said: "If we declare in the bill that th3 officer shall be removable by the President, it has the appearance of conferring the power upon him. Now I think this improper, because it would be admitting the Ilouse to be possessed of an authority which would destroy those

which tho constitution contemplates.

What use will it be of to call the citizens

of the Union together every four years to

u "

obtain a purified choice ot a rcpresenta

tive, if ho is to be a mere cipher in the

Government?

'The Executive must act by others: but

you reduce him to a mere shadow, when

you control both the power ot appointment checks and balances which are cautiously and removal; if you take away the latter iutroduccd into the constitution, to prevent

. he ought to resign the power ot an amalgamation ot the legislative and

superintending and directing the Ex- executive powers. For this reason, I shall

ecutivo parts of the Government in- take the liberty of submitting an altera

to tno nanus oi me senate ai once, ami won, or cnange in me manner ot cxprcs-

then we become a dangerous aristocracy, sion, so that the law may be nothing more or shall be more destitute of energy than than a declaration of our sentiments upou

nny Government on earth

What elso would be the effect of Mr. Clay's resolutions, if adopted ? And What

else is the tendency of the resolution al

ready adopted, denouncing the President in some other part of the bill,) that

lor exercising tne power of removal?

ilfr, Madison said; The decision that is at this time inado will become the permanent exposition of the constitution; and on a permanent exposition of tho constitution will depend the genius and character of the w hole Government. It will depend perhaps, on this decision, whether the Government shall retain that equilibrium which the constitution intended.oi take the direction toward aristocracy, or anarchy among tho members of tho Government.

'The doctrine, however, which seems

tho meaning of a constitutional arrant of

power to the President.' "The nmendement which I propose,

will be to this ctlect; (it will have to come

"when

ever the said officer shall be removed by

the President, and strike out the words to bc removable by the President. Mr. Yining said: "The argument of convenience is strong in favor of thPrV

tend not; then the object will be lost.

Shall a man under these circumstances, bo saddled upon the President; who has been appointed for no other purpose in creation, but to aid the President in performing certain duties? Shall he be continued, I ask again, against the will of the President? If he is, where is the responsibility? Arc you to look for it in the President, who has no control over the of-

hcer, no power to remove him it he acts unfeelingly or unfaithfully? Without you make him responsible, you weaken and destroy the ffijength and beauty of your system. mi, Could the condition in which President Jackson was placed, in reference to Mr. Duanc, bc more accurately described? And had the Senate the power which the leader of the twenty-six claims, would not the President's situation now have been precisely such as is here depicted? Arc not these Senatorial usurpations calcula

ted " to weaken and destroy the strength and beauty of your system?1 Mr. Lee said : " The Executive is the

source ot all appointments; is ins responsibility complete unless he has tho power

ot removal? It he has this power, it will be his fault if any wicked or mischievous action is committed, and he will

hardly expose himselt to the resentment ot three millions of people, of whom he

noias nis power, ana to whom no is ac-

countable every four years. .'N

it tne power ot removal is vesica in

the Senate, it is evident at a single view,

that the responsibility is dissipated, because the fault cannot be fixed on any individual; besides, the members of -the Senate are not accountable to the people, they arc the representatives of State Legislatures; but even if they were, they have no powers to enable them to decide with propriety in case of removals, and therefore arc improper persons to exercise such authority. Jlfr. Scott said: "Is any thing more plain than the President, above all the officer of the Government, both from the manner of his appointment, and the nature of his duties, is truly and justly de

nominated the man of the people? & there any other person who represents si many of them as the President? He i3 elected by the voice of the people of the whole Union; the Senate are the representatives ot the State sovereignties." Nothing can be more true; yet our Bank Senators, acting even ia direct opposition to the instructions of their States, arc constantly talking about their popular character, and warning tho country against the dangers ot executive encroachment. Acting as the representatives of the Bank, they will call on the People to distrust, weaken, and destroy then own representative, that the corporatij? through the Senate, may control the wnolc Government.

Mr. Ancssaid : "It must bc admitted that

rrrUIE subscriber offers for sale on re

jX sonable terms, one of the m ost valuable Mill Sfnt4 iin thft Amhnrrnq rivpr

compatible with the prin- ahftllt on mP PCf nr P win HI I ;m.

ciplcs of the constitution, that the legisla- modiateiv on tie roari lead:nfy r ' sai i

place to Vandalia,and the state rocid lead-

til - .

ture snouiu assume executive power: or

is it done in order to make itself responsi

ble? Surely not. But if it was admissible, what degree of responsibility is acqui

red through the Senate? Thev are not the representatives cf the people; they

are the representatives of the State sovereignties, as was well observed by the honorable rientleman from Pennsylvania.

(Mr. Scott,) who are nothing less than ac

countable to the people. They may have a policy to pursue not altogether consis

tent with tho salus populi, and arc only responsible to the state sovereignties.1'

"It you give the Senate a power in the removal, you give them an agency in the Executive business, which the constitution never contemplated. If, therefore.

the

inz

from Lawrenceville to Shelbyville-

crosses the above road at this place. The

subscriber would also, dispose of SO ACRES OF LAND) adjoining, with the scat if wanted. This property derives additional value from the fact, that the site for tho county seat of Jasper, is contiguous to the above named eighty acres of land. Persons desirous of entering into tho business of sawing and grinding M'ould do well to look at this property. Terms, will be accommodating. , THOMAS GARWOOD. June 7, 1S3L S0-3t

Administrator's Nntirp

honorable gentleman's arguments TOTICR ; ,t tKi !.

mean any thing, they mean that the Sen- dersigncd has taken out letters of ate .ought tc jhavc complete power over the Administration on the estate of W. L. Attorney of the President" WilherSj (Iatc of Rnox CQunlVj) decCMcd And have not the twentv-sir SSnnnlnra Ali tlmo inrloi.twi cn:uf,f.:ii

"a policy to pursue, not altogether consis- immediate payment. Thoso havin" claims tent with thn salus nnruilpl tVr cnfVf ir rfl nrr'.t : ...III .1 J..i. "

the 1 cople ? Is it not their policy to give ticated for settlement. The estate is prob

ably solvent. ABXER T. ELLIS, AduCr. Vincennes, June 4, 20-4 it

stdrnt fnr this man is an arm or arlopiSL

to him: he sees and writes his secret flA-! the constuUon is not expliciton the point

patches; ho is an instrument over which the President ought to hive a complete command. I hope gentlemen who request us not to be dazzled with the splendor ol the President, w ill not themselves be misled by the brightness cf Senatorial digai

in contest; yet

tho constitution strongly

infers, that the power is in the President

alone. It is declared that the executive

power shall bo vested in tho President.

the Bank a control over the People?

The motion to strike out the words "to be removable by the President, was neg atived by a considerable majority in Committee of the Whole, and the bill was re

ported to the H use. On the 22d of June, TNN t thequcstioa which had been so many j) of

days agitated in the Committee of the Whole, was renewed by Mr. Gerry. "Mr. Bexsox moved to amend the bill, by altering the second clause, so as to imply the power of removal to be in the President. "Mr. Madisox admitted the objection made by the gentleman near him(Mr.Benson)to the words in the bill; they certainly may be construed to imply a legislative grant of the power. He wished every thing like ambiguity expunged, and the sense of the Ilouse explicitly declared; and therefore seconded the motion. The question on the amendment proposed by Mr. Benson, was decided in the affirmative by a vote of 30 lo IS. Mr. Ihnson moved to strike out of the first clause, the words, "to bc removable by the President. The question w as again renewed, involving the same principle as the preceding; but it is unnecessary to make XiK thcr extracts. The question was put and decided, ayes 31, noes 10. The words being struck out, the bill was ordered to bc engrossed, and read a third time, and on a subsequent day was passed without further amendment. Thus w as tho principle settled by the first Congress, under the Constitution, cmbracing many of those who had aided in its formation and adoption, that the power of removal is vested iu the President by that instrument. So careful were thev to cut off the possibility of being misunderstood at any future time, that they carefully amended their phraseology, so that it would not be understood to imply that tho

rresidcnt has the nower of removal bv

Mueni nas tne power

virtue of a legislative prant

Under these terms all the powers properly Yet, for exercising this power, General belonging to the executive department of Jackson is n6Vdenounced by twenty-six

Administrator's Sale.

the2Sthinst. between the hours

10 a. m. and 4 p. m. at tho Vin

cenncs Auction Room, in John Wise'i new brick building, on Water street, will be offered at public sale to the highest bid-

uci, mi; persi'iiui property oi mmam L.. Withers , deceased, consisting. princiDall v.

of NEW AND EXCELLENT Y7EARING APPAREL. A credit of six months will be given oa all sums of three dollars and over. ABXER T. ELLIS, AdnCr. Vincennes, June 1, 1S31. !!0-3t French Burr Mill Stone TIE subscribers respectfully inform the public ia general, that they .intend to commence Manufacturing French Burr Mill Stones, at this place, in about three or four weeks. Persons wishing fb

purcnase juu Stones would do well to, wait the arrival of their Blocks, as they are of superior quality, selected ia New York and Philadelphia, from largo parcels,, by one of the firm. They intend thcirprices shall be lower than the same article can be got here from any other source From the quality of the Blocks, and their long experience in the business they hope to give entire satisfaction to thoso who may favor them with, their custom.-. As to the temper of the Blocks the greats est care will be observed to have them of"' an equal 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 warranted. BUZBY HORTO.V. Vincennes, April 10, ISai. PJ-tf

Stoma tor Eilfnoto On hsadend for rale a tbi QjEco.

ci