Newspaper Page Text
C« f o t* fl f «t © 111 fl r x p $
iiiti:,
SPEECH OF HUGH L
(OF TKJf.IMJEK,)
IN SENATE, FKB. IS* 183T),
' >l,e "Hill to /{■ fi il the Jirat nod second sec-
»>S to ■nn net to limit the term of ojfice of cer
'tin officers therein mimed, and for other purpo-
approved \~ith of May, 18-0”
Mr. ViiiTk of Tennessee, addressed the Sen-
io to the following elfect:
Mr. President: It was my fortune to lie
> red on the committee of nine, in the year '20,
proceedings have been spoken of in this
hate. I am not one of that conimitto who
• -teurreil in reporting the hill said to he similar
■ a tho one now under consideration. I am now
,’j re - tdv to carry out thedpinions then enter-
; tiued as I was at that time, unless it cm be
clown Congress lias no power to inakc the en
actments, or that they would he injurious to so-
■ >;v. Tho number of officer* employed in ban*
! !i:r publick money, was necessarily much in-
jr,.. - -,d during the war which terminated in 1814-
\lthoii"h tho President had the power to
.-.(,ve all the officers mentioned in this hill, yet
heleived, in the year 1820, it had not been
they will have it in their power to pour out at executive powers vested in the President, it seems
once, through the whole body politic, a flood that to me. cannot he maintained under our frame of
would sweep from the purest inanth.it lives eve-j government. By the constitution tw'o classes of
rv particle of reputation he had acquired by a olfieers are evidently iuteiioed. In relation to
long life of virtue aud usefulness. one of these. Congress is bound to create them, &.
Iu 1820. as one member of the committee, I when created, tie louure of their office is fixed by
cniue to the conclusion it was dangerous to leave the constitution, & can never be changed by act of
such a power in the hands of the Executive, and Congress. As it relates to the other class. Cou
through our chairman expressed that opinion to press may create the office, or not, as they please,
the world. 1 euterrain the same opinion now,, In creating it, they may fix the tenure as they
am prepared to re-affirm, and to act upon-it.—- ! please—for life, for years, or at will; they pre-
Then 1 was in opposition to the administration ; j scribe what duties they please, aud fix.the com-
' pensntion to suit their own pltasure; and they
may point out the mode iu w hich the officer, is to
be moved or displaced.
Every officer specified in the bill now under
consideration, falls within this latier class. They
are what is called in the constitution “inferior of
ficers, the appoiutment of w hom Congress may
vest in the President alone, iu tliecourtsof justice
or in the heads of departments.”
Congress, then, has complete power over all
these officers; ihey may create and abolish the
office at pleasure ; fix aud modify the tenure as
they choose ; and regulate at pleasure tho mode
now l am a friend to the administration. This
can make no change in my course. When we
have a pure and virtuous inau for our Chief Ma
gistrate, he will thank congress to take frou him
every discretionary power which they can take
witli propriety. It will ease him of a labor and
a responsibility most unpleasant to a good man,
and he will still have as many discretionary pow
ers as he will know how to exercise for :hc public
good. If ever it should he our misfortune to
have one of au opposite character, disposed to
use all his powers for the benefit of himself and
his *rienda,rand for the purpose of~pprpetuatiug
d as frequently as the publick interest. power in his or their hands, then society at large
"* — L *“ J —" 1 ' ought to thank U3 for stripping the Executive of
this influence.
My opinions upon this subject arc not founded
upon the petty consideration of who is in power,
whether he is a political friend or a political op
ponent ; they rest upon the ctcraal principles of
what I think is right or wrong between those who
officers who had collected money,
rhicb they ought to have paid into the treasury,
i! officers who drew money out of the treasr 1
rv. which it was their fluty to disburse, accord-
* • ’.he requirements of acts of Congress, had,
’•■my instances, failed in the performance of
inty : losses had been sustained, and more
feared, unless additional provisions were
I/.'sb circumstances gave rise to the act
;> v tbi - .atiitp, at the end of evety four years,
f •>.-**;• officers is to he out of office, as a
of e -urse, without, the exercise of any ex-
• lower whatever; and during the four
rh President, ifbe pleases to do so, has the
i of . moving all, or any of them, from of
'firrying into effect tho provisions of this act.
i . : expected when tho term of an office expir-
• President wouid inform himself, through
• . • 1 department, whether the officer had
<! hi duty with fidelitv: and if he was
hi had. that ho would then renominate
. it. • the same office for auother term.
. >elievo that tho benefits expected from this
!.<w have been realized by the practice under it
F.vrr since IJiavc hail the honor of a scat on this
.'It i affirm, that both under tho past and pres-
■mi administration, I have witnessed the strictest
scrutiny into 'he conduct of these officers, whene
ver renominated: aud I do not remember a «iu
», - case in which there was a disposition maiii
■ d to continue any one of them who had been
. “d Mess in his trust.
• in 1826, the committee believed, although
good bail resulted from this law, yet. in the
-< for place and for poicrr hetweon parties
great evils, which bad uot been foreseen
d. iu all probability, he experienced.
ii.> whole of these officers, amounting to a vast
•lumber, all going out at tho end of each four
ve. and being entirely dependent on the will
«f the President, whe.’her their commission should
- renewed or not, would induce many of them to
ok more to their own situation and interest,
in to the welfare of the country; and, with a
jew to secure themselves, they would he most
to conform their opinions to the wishes of
■ ' President, whoever lie might happen to be —
!>'b • was a candidate for re-election hiincelf, they
wc.uM most likely vote for him ; or if one of his
friends was a candidate, they would vole for him.
although they might conscientiously believe the
■ vs; interests of the country would be promoted
>. she election of his opponent It is no answer
to this argument, to say, it casts reproach upon
t lies a officers, to suppose they would surrender
their opinions to those in power. Mr. President,
is it n reproach to say. that while they live in
this world, that while they have families to pro-
aide for, thoy must have the nitaos of living ?—
Wc all kuow we are too apt to conclude, that our
neighbor* will he pietry well provided for. when
v • are very mil provided for ourselves. Experi
ence convinces us. that when a man, who is do
* odenton his own exertions f*r a living, obtains
•of these offices, he and his family manage
if they keep their expenditures within the
ry. They become dependent upon thequar-
• salary for food and clothing. If deprived of
■ifice. the man knows not what to'tuni his
• i to. to earn a doMar to subsist upon. To bo
wived of the office, is to he deprived of the on-
i 'alts of obtaining i living, by honest means,
•tier such circumstances, it is most likely, the
dicoc will not give his judgment fair play : he
•! conform his opinions to the opinion of the
n who has h ; s all in his power; or, if lie has
i toliness enough to form an impartial opinion of
ni rits of tho respective candidates, he will
eldoni have the fortitude to express it. either
*. Mivcrsntion, or by his vote. The probability
is 'Imho will soon lose all that manly independ-
• nc*. B „ essential to tho preservation of a free go
vernment.
are in and those who are out of power. They
ate founded on principlcs*dcep as tiie foundations
of the Government itself—upon principles which,
if disregarded, will poison the very fouutaiii from
which all the blessings of our free and happy Go
vernment flow. The elective franchise—corrupt
that, place our citizens iu such a situation that
they will not freely form opinions for themselves,
and fearlessly act upon them, and wc wifi have
little left worth preserving.
When called on to act my.'part, it is matter not
to he considered by me whether my friends are in
of getting clear of the officers. They may cither
have them appointed, as they now are, by the
President, with tho advice of the Senate, or by
the President alone, or by the courts of justice, or
the head of the department. j
Suppose this bill had provided that district at
torneys should be appointed by the courts, to hold
their offices during the ploasureof the courts, but,
when, the court removed one and appointed ano
ther, they should put down the reasou for iho re
moval ; would any gentleman say such provision
was unconstitutional 1 .1 .fancy not.
Suppose all the other officers to lie appointed
by the Secretary of the Treasury, and him vest
ed wi'h a.power of removal, hut a provision in
serted that, when he appointed a successor, he
should state why he had removed the ineumbent,
would such a provision be unconstitutional ? I
think not.
If such provisions would not, in these cases, be
orout. In 1826, when called on for au opinion, unconstitutional, why will the like provisions he
my frieuds and myself were at the bottom of the* unconstitutional when the Prosident is to appoint,
political tvheel. 1 then entertained ^tnd expres
eud
,1 here ; all the disappointed applicants then go I justice of the country at a distance from the great other, wo learn, was a respectable mat > „
work with Senators to defeat a confirmation of body of the people. Secondly, Because it would * O Brien, who resided in Pleasant street 5
the nomination, each hoping. when that is done, i produce extraordinary delay, iu the adm.n.stra-
he stands next best with the Executive, aud will tion of the law:
But Mr. President, this evil docs not stop with
•Sc bead of the family; the same tone of
feeling is coininmiicated to his whole
ly It stops not with his wife and children;
'oinmuicnted to his family connexions They
he situation of tho officer ; lie and they
1 ■ .11 over in their family ciicle ; they sytn-
- wi:h hint, and all know the feeling* of tb<
tC*c. riv.- will be the more kind toward him, in
, rouortion to ins iufluenco .mong his friends; and
’b- re ij; will be, that, in most cases, they will
-i nle down in tho conviction, that il is most
• f think, and voto as the President .wishes,
w’little reflection. I think, must satisfy us
e iiarining extent of this influence in our c-
» A*l district attorneys, all custom -boose
ill pay mi!
•ur public lauds, with their clerks, and all their
mly connexions, placed in n situation to do as
th> President of the United States »>ay wish; add
!q riiis, the farther consideration that these men
from their official stations-, each has vastly more
; ifluenee among In-' a qiiainl iiiccs. than he would
*■ ve ii' he were a private man. Society, from
cry situ uion <>f tho officer, will suppose him
'i Iter judge of the fitness of a man for the Pre*
ujal chair, than he would he if ho were a pri-
v m ; besides this, many will know that tiie
‘* •* will have it in his power to i'n them good
m , ih office, if they can secure his good opi
nion.
No*» let us suppose a Prrsitlent in office, pos
ses ,*d of the mass of influence thus collected,
wishing to be electsdnsecond time, when it was
the intcest of society to leasre him ont, and put
some ither per- >:i in, or let us suppose a Prcsid-
- nt >r> for th l ist time, and wishing to d<t>ignoie
: urn ii*. livid:! is ins successor, who would not
he the choice of i majority, if left free to act. ac- i
ccr in to their I i.isseil judgment. What, then 1
*.v old mos! oroho.dy happen? Wc might some (
tl find that Pr.-si lent would uot, in such a
r • :>e con'. with all these people simply
lb: i .• * t.h ' cn, nn I voting with him. they
i ■: do into t . <;r ■ on of not being reitomioaied ;
•i . must, * •>< i. ' i 1 • b:s best, to influence ae
*iviy lothink • -.ad to act with hem. n»
•i y can pro'.iH .- • could you find a man
pposition to it ? No
set an opinion* Row it has turned;~my friends
and myself arc at its top ; our opponents are at
tho hotioni ; where 'wo may he with tho next
whirl no man can tell. As wise men, what ought
wc to do ? We ought to act justly to nil. men
honestly carry out our Own old opiuions, and sc
cure tho people ns far as wc can. in tho free, un
influenced exercise of their own opinions at elec
tions
.My principles are to limit power if we ran, so
as to make every man secure in voting for whom
he pleases, as ho is iu matters of religion, in wor
shipping his Maker, according to tiie dictates of
his conscience. When power is so limited that
nomnneanso use it as to injure his opponents
thou, and then only, do T consider myself safe.
Somo speak of this body as a permanent one
the situation in which we now find ourselves is a
not her proof of the mutability of all temporal cou
cerus- In 182G I had the honor of being a mem
ber of the committee of nine, a majority of whom
at least must have entertained opinions similar to
my own upon this subject. Where are they now?
Two only oil this floor in a situation to he
hoard in this debate. You, Mr. President, it i
true, are present, and I am sorry,'iu a siiuation—
no, I mu not sorry yen are in the honorable sta
tion you occupy, hut I am truly sorry we are de
prived of the aid of your distinguished talents iu
this debate, if you entertain the same opinions as
1 do ;
We aro not acting for ourselves alone ^ wc arc
not acting for the people of our own time only.—
We are acting for the people at large of our own
time, and for tho people in all time to come. Let
us, theu, so act, as will transmir, uncoiitaminat-
cd hy official influence, to our posterity, the free
institutions forwhich om ancestors struggled, &
which wc received from them as au invaluablo in
heritance.
This bill still will leave in the hands of the Pre
sident power enough over all these officers, lie
will still have tho power of dismissing any one of
them at any moment he pleases. Tbisls. of itself,
a tremendous power, given him in trust, to he
used for tho public good, and for that only; never
for mere difference of opinion, honestly enter
tained, decently expressed, and acted on svitbtfno-
derntiou.
The question recurs, how can Congress secure
the citizens in officcagainst an arbitrary exercise
of this power, in cases where tho public good
docs not require it? The committee have at
tempted it, in the third section, by providing thnt
whenever a nomination is made to tho Senate to
fill a vacancy occasioned by n removal, the Presi
dent shall state the icason for such removal.
This, it has,been contended. Congress has no
power to do, because, say the opponents of this
hill, all executive power is vested in tho President
hy the constitution, anil removal from office is an
exercise of cseculiyc power.
The arguments upon this point are far from
h '.ing satisfactory to tnv mind, ami T must crave
the indulgence of the Senate while i present, as
briefly as possible, my own views upon it.
It is truotho constitution vests in the President
the executive -power ; hut immediately we ask
o'irselves, what executive power ? iu what is it
to consist-? and whore shall wo ascertain its a-
inomit &. a specification of-it ? Is auygentleman
cither here or elsewhere, prepared to stato it os
his opinion that, under our form of government,
executive power is unlimited and undefined ? 1
hold no such doctrine, and it would appear tome
a most wild and mischievous opinion.
The executive power, in our government, in
the President, is that vested'in -him by express
dl receivers of public J grants in the constitution, or vested in him by acts
Hires, and all surveyors of} of congress, passed in pursuance Of tho constitu
tion, and no more. By the Goustitutiou, “all le
gislative power therein (hereinJ granted, is vested
in Congress.”
By the same instrument, tho executive power
is vested iu a President. In this latter clause, the
words "■herein granted,” used in the former, are
dropped. The reason for dropping them is,' to
my mind, very obvious. If they had been used
as to tiie President, he would have hut a small
portion of the powers necessary to he vested in
him to .carry oh the affairs, of the government.—
Tho framers of that instrument foresaw that he
must have many more powers than they could
specify iii the constitution, and. therefore, thpy say
the executive power shall bove«teci in a President,
intending that *hc should have and exercise nil
the powors they themselves afterward might
vest him with, and, also, all others which Con
gress might, from timo to time, vest in him by'
la*\s passed in pursuance of the constitution.—
And afterward they sum up his duties,<by sayiug
lie *>111111 set that the laws are. faithfully executed.
Under these several clauses, the executive po
wers ore easily ascertained. Wc first look into
the constitution, and there see what powers arc
expressly given to him. Next we look to the arts
of congress, and there find what powers Congress
has vested him with; and thus we ascertain his
whole powers, and then we s. e that his duties
are to see that all these power* are faithfully ex-
eented. It is ns nun h his duty to sec that a pown
r vested-in him hy a constitutional law is
r ad in opposition to it 7 No «-r vestedm him by a constitutional law is faith-
:nd > on would -.i-ldom find one u illing to ' fully executed, as it is to see that a power vested
h>- • xpe-iment. [ in him by tho constitution is faithfolly executed. —
on .nn*l believo be could have no 1 Whatever powers are vested hy the Coustitu-
1 >r success against sin h fenrfnl ru'd*.— min. Congress has no [lower to change ; jvhatev-
i* and th* ir friends wonll act in con- j er powers they vest by statute, they mav change.
.Duim eadof ihe Union to tbs orhet.— anti modify at pleasure. Any other notion of
appoint
with the advice and consent of the Senate ? Id
each case it is a legislative cnac.tment. on. a sub
ject -tvhero congress has express power to act as
it pleases, without any limitation; the law,-there
fore, being constitutional, the President would he
li'ouud to see it faithfully executed.
To mo it appears so plniu that Congress has
the power to do what this hill proposes, thatl fee!
.somesurpriso there - should be any variety of opi-
uiou among us upnu this question.
Ours is emphatically a government of laws—
We aro a free people because'it is so. Whenev
er the will of tho people- is expressed,.cither in
tho constitution,nr in a law* passed in pursuance
thereof, it must be complied with, hecanso accor
ding to tho theory of our government, the people
arc sovereign. -'
No person doubts, or can doubt, tho power of
the President to remove in these cases ; but the
manner in which he acquires this power -is; a dif
ferent question. Gentlemen who argue against
this section, say he has it from the constitution,
because it is* an executive power. 1 deny this,
& say it is an executive power because it is made
so by statute ; and he performs a constitutional
duty when he removes, because he is as much
hound to perform executive duties pointed out hy
statute as he is to perform those specified iu the
constitution. It is nn executive power, because
it was the will of the people, through congress, as tion
their agent, to make it so ; and the same power,
through the same agent, could have madoit a ju
dicial duty, if it had been deemed wise so to pro
vide. ~- ’
When our reason has fair play, it appears to
me there can ho no difficulty ou this point. In
1789, as wc have seen, congress, hy tiie casting
vote of the Vice President, thought this power of
removal was an executive power, under the con
stitution. From that time to this, all officers of
this class hold their offices during thr pleasure of
the President, so expressed in the commission it
self. Subsequent statutes, and especially that
of 1820. speaking of these very officers being re
moved. and holding during plcasnrc, indicate re
movals by tho President, and nt his sole pleasure.
If. thou, the euactmcnts of congress aiilhorize the
removal, who can doubt of the power of the Pre
sident to remove ? _
But suppose, by this very bill. Congress should
say these officers should hold their office during
good behavior ; what then becomes of this consti
tutional executive power ? If is converted into a
judicial power, and you have no way to remove
theinciimbent but by impeachment, or by an ex
ertion of legislative power, in abolishing the of
fice-
If tvs suppose this power of removal conferred
by statute, and uot hy the constitution, our whole
conrso is consistent in our executive business.—
We have repeatedly refused to call upon the ex
ecutive for hie reasons ; and why? Becauso the
statutes had vested the power of removal at his
jlcasure merely, and one branch of Congress a-
one had no power to require that, which both
branches had not.secn fit to require.
Mr. President, these arc the principles upon
which 1 was prepared to act in 1826 They rtre
those upon which I wished to bring into power
thd present Chief Magistrate. 1 speak only for
myself, hut I boiievo they were the principles of-
thc party with which I acted, and that wo were
to give effect to these principles _so far as we
might have the power. For oue. I have seen no
sufficient reason to change them, and am prepar
ed lo act them out. It is in vain to tell me this
is a party question. It is a' question of funda
mental principles, and I am on thnt sido of it in
which 1 havo. been educated, ou which I have,
therefore, acted, ns well as my hmnhle abilities
have enabled mo ; it is one I cannot abandon for
any earthly consideration, br.cnuso in its mainte
nance 1 believe the prosperity, happinc'ss, aud
security of the present and succeeding genera
tions have a deep and abiding in'crest.
It is asked by ihe opponents of thisJiill, what
benefit its friends expect from a statement of the
reasons of the removal, when the nomination of
a.successor is presented to the senate ?
1 answer fur myself. I wislrto cut tip by the
roots the demoralizing tendencies of office hunt
ing. I wish to make such provisions, hy law, as
will shield the Chief Magistrate from ini positions
being practised upon him. to induce him to re-
movo men from office. I wish to shield him from
being imposed upon as to the character of those
who apply for office.
As 'ho law now stands, whenever a mail may
cast a fancy for an office, filled hy his neighbor,
all he has to do, is to poison the mind of the Ex
ecutive against the incumbent, and to mnko a fa
vorable impression as to tho fitness of him who
desires to bo the successor. These objects can
lie accomplished hy making characters upon pa
per, secretly. Before tho officer is aware of if,
his reputation is blasted hy secret and confiden
tial eofpmqnica'ions, u>adc hy somo of those he
hatf esteemed his friends; they aro lodged with
the Executive,.where, it is ex peeled,'they will re
main secret ; anil upon the strength of these re
presentations. ihe officer is removed. When this
is accomplished; the scuffle commences fora suc
cessor, and paper characters are procured, for
perhaps half a dozen applicants ; and very fre
quently, the individual, haviugin point of fact the
worst character of any in the group, is so dressed
up. and >upported by certificates, as to convince
the Executive thw public interest will be promot
ed b\ selecting him as the successor, and he is no
minated to the Senate-
procure the appointment.
Under the present state of things, society will
become demoralized ; men will he constantly.co
veting that possessed by their neighbors ; and for
the sake of procuring what they covet, they will
hear themselves, aud procure others also, to hear
false witness.
Under the laws as they how stand. the business
of office hunting will become a science.- Men
will lie selected acd furnished with funds, to de
fray the expense of coming to Washington, for
the purpose of, having oho set turned out, and a-
uother set put ill, hy means of nrtful tales, secre
tly gotten up, and reduced to writing, which it is
supposed will never see the light. This officer,
and representative of office hunters. wiH cotne ou
with oue pocket full of bad characters, witli which
to turn out incumbents ; ami the other filled with
good characters, with which to provide for his
constituents.
Pass this bill, and a^wholesome check will he gi
ven to this .‘whole system. Require the reasons
for removal to be stated, and no man will dare
to make a statement which ho does not believe to
bo trup, because exposure and disgrace will cer
tainly ho the consequence. You will take out of
the hand of the cowardly assassin the poisoned
dagger heretofore used in the dark. At ou will
shield the Executive agaipst mistakes, founded
on false representations. No Executive can^be
personally acquainted with the characters of all
men iu office nor,with the characters of those
who desire office ; he must act upon information
derived from others : he ought, and 1 feel persua
ded tho present Chief Magistrate, will, thank con
gress for any plan, by* which he may be the better
euahled to discharge his official duties to the wel
fare of society.
Another advantage lo lie-derived from this, is,
that it will chpck the thirst for office, and restore
hnwnony' to society.
J When ?i man is removed for want of capacity,
for want of irtegrily, on account of intemperance,
ora lack of business habits, why not put down
the reasons ? Who is harmed hy it ? Nobody.
Now, a man’s reputation is stabbed in the dark ;
hy whom, or in what manner, he is unable to
., I r u C i r ^. '“Nation i 3
orble to au early freshet to bring the | ow '**■
Mills : and thus this season unike the laV" ^
to those engaged in the milling or
business, with the most flattering pm,™ tr "'*
is calculated that there will be sittwi
Third, Because the establish-j - ■ ■ ■ ‘ 0 '^-"* P<a,
meat of such a Court, would lie calculated to - protracted cold and snow of th' a
benefit the rich, at the expense of the poorer, has been propitioiis to farmers and Iu \
classes of community. To remedy the first oh- j aud by the latter it is understood a ereai ra **'
jection, it is provided in tho Act of the Legisla- ( tity of logs will be ready for inarket ih ^ 031
lure, that the State shall be divided into five Ju- before at oue season. Everv
dictaldistricis, and that the Court shall he held
iu each district, at least once in each year, near
the centre of thesame. To provide against the
second objection, it is declared, that when a
cause shall ho carried up to the Supreme Court,
if the parties shall, not be ready to dispose of the
same, at tho first term thereafter, (unless for un
avoidable providential cause) the same shall be
dismissed, and the’ decision in the Circuit Court,
stand coufirmed. The third objection, it is be
lieved upon examination, has no foundation in
fact, and the establishment of suci> a com t, so far
from producing the consequences anticipated by
some, will have a direct'tendency, to protect the
poor anti weak against encroachments of the
strong, the rich and the powerful. Ih-every com
munity, tho wealthy, and the strong, arc able to
protect themselves. Their condition in life,
gives them superior iufluenco over the poor, and
obscure citizen.- Place the wealthy, and poor
citizen before a court, and jury of the'country,
and who of the two. will he 'calculated to have
the most influence—who of the two will staud
most in need of the administration of the stern,
uuhending principles of the law, to protect his
rights? The experience of every man will bear
testimony, that it is'thopoor and weak who need
-the arm of the Judiciary, to Shield and ‘project
them. Hence the Judiciary has been property
considered “the sheet anchor of American liber
ty. the bulwark of freedom,” If any one portion
of the people- is 'more interested than another,
in the uniform administration of the laws, it is
the poor and weak—who when wronged and op
pressed hy their rich and in ore'powerful neigh
bors, can fly to the sanctuary of the law. and de
mand with confidence, its protection. In every,
well regulated community, where the rights «f
the people arc defined and guarantied by-law, the
necessity of such a tribunal, as the one contem
plated, has been long since demonstrated hy the
iuconlestihle evidence of experience The other
> It lli/lllf wi ju tX 11(1 — « T . . , t — .
find ont- Pass this bill, and if a man is. injured, I States of the Union yielding to such necessity,
he will It now by whom, and in what manner, &
can wipeout the stain, not by a controversy with
tho President, hilt by a controversy with the man
whose falsehoods misled the Piestdeiit.
Again, we will secure, iu all time to .come, jio-
nost officci*s in the enjoyment of honest political
opinions. No President will ever remove nil of
ficer, simply because lie will not think and act
with him in politics, when he knows this reason
is to be of record, autf remain through all time.
For myself, now, above all others, is the time
when I wish to see this security furnished to hon
est men in office. 1 wish »he credit ol it for this
'administration. His anxious wish has been, to
restore to ihe States, and to individuals, what, in
his judgment, they had been ifnprop rly deprived
of hy federal power; and I wish to see. iu his day.
a surrender of all means an unprincipled Chief
Magistrate might use. to influence the political o-.
pinions of men. I know him too well, not *o
believe it would meet his Ircarty approbation;
and, in time to come, when tbe jnstorian shall re
cord the beneficial nets of our illustrious men, l
feci persuaded this act rrill not escape his atteii
Extract from the charge of Judge Warner to the
Grand Jury of ,De Kalb County.
fh ere is auother subject; in which you, as well
ns the whole people of tiho State, arc deeply inte
rested, to thr consideration of which, tiie Court
desires to call your attention. It is not a politi
cal question, but ono which is intimately connec
ted with tho administration of the laws of the
country. Although custom may furnish prece
dents for tho disciissio*D of political subjects by
Grand Jurors, and the expression of their opin
ions in their presentment 0 ; yet, in the opinion
of the Court, the discussion of such questions can
not he considered a° favorable to an impartial
administration-ofthe laws. Every mail, when
hq approaches the sanctuary of Justice, (what
ever may be his political or religinus opinions)
should feel a confidence that his rights will he re
spected and properly adjudicated, and no act
should ho done oil the part of those charged with
the administration of the laws, .calculated to
weaken that confidence. We aro to administer
the laws for the benefit of the whole people, not
for a part only. The last Legislature by a con
stitutional majority. passed an act, altering the
Constitution of tho State, so far, as to authorize
the establishment of a Court fot the correction of
errors in law, only. Jleforc the proposed altera
tion in the constitution can.take effect, tho Act
contemplating the change must receive the sanc
tion of two thuds of both branches of the next
Legislature. The’uingiiinulo of the evils which
exist, under the present form of our Judiciary (for
it cannot be called a system) is readily aekuowl
edged by every intelligent citizen. There are ten
Judicial Districts in the State. The Jaws in
each district are as differently construed and ad
ministered, as the several Judges who administer
the same, may happen to differ in opintpn. as to
what is law. The evidence of title by which our
fellow cititpns hold their property, differs when
we cross tho boundary line of the different Cir
cuits. In this very Court, a question arose, as
to what constituted a scaled instrument. During
the sanio riding, the same question aroso. iu the
Ocmuigco Circuit. The Judgo of the Coweta
Circuit determined the question 'sne way, and
tho Judge of the Ocmulgec Circuit determined
the same question differently. Both cases wdre
taken' before all the Judges in convention, and
after investigating the law upon the subject, five
of the Judgc3 sustained the decision made in the
Coweta Circuit, and five sustained the decision
made iu the Ocmulteo Circuit. Neither decis
ion beiog overruled by the opinion of a majority,
both stand—and thnt which would be considered
a sealed instrument in the Ocnutlgec Circuit,
would ho declared not to he such in tho Coweta
Circuit, and also in the different Circuits, as the
Judges may differ iu opinion. This is no imagi
nary picture. Such a stato of things actually ex
ists, and that too among a people who profess to
be governed by the same laws. The’presiding
Judge of tho Circuit, is frequently called upon,
to pronomice the law, arising from the most com
plicated statement of facts, or upon a new point
presented, involving a large amount of property,
liberty, and even life, in the absence of all autho
rity, without reflection, &in the hurry of business,
merely froth his general recollection of law.—
The widow and the orphan, may be deprived of
their property, the subject of his liberty, and the
life of a fellow being forfeited, by an erroneous
judgement of the law; yet there is no review,
there lies no appeal, hut to the judgment scat of
Heaven. Subsequent investigation, and exami
nation, inay convince tin* Judge of his error, but I
too late, to correct it. The decree has gone forth, i
the judgment of the law has been executed—the (
executioner lias performed his sad office, and the
victim is a lifeless corpse at his feet—In this boa-
sted land of liberty, it is not necessary to urge '
further argument in favor of the proposed refor
mation of qua Judiciary. Tlireo main objections
have heretofore been urged (and tho court re
grets to say successfully urged) against the pro
posed change in the Coustitution of the State.—
have established courts for the correction of er
rors in law. Are the Circuit Judges in Georgia
less fallible than the Judges in other States ?—&
aro the rights of the people less sacred, or of less
importance ? This court when established, will
consist of three Judges," whose duly it will be to
investgate and determine matters of law*only.
The decisions of this court will be authoritative,
settle controverted point® oflaw, and be publish’d
for the benefit of the people. Justices of the rn-
ferior Court, as well as Justices of the Peace,
will be informed thereby, what is the law of the'
land, and not l>e dependent upon others for infor
mation, as to what is law. Uniformity-in the
administration of the laws will prevail in all tbe|
Circuits—Life, liberty, and property, will he pro
tected from hasty and erroneous decisions made
hv the Circuit Judges—Litigation will be curtai
led—one third of *Jte cases which now crowd om
dockets, arise from the uncertainty which prevail*
ns to what is law. Parties institute suits while
ono Judge is upon the bench, and .fail to recover r
auother Judge is elected liissuccessor. who per
haps may entertain a different view of the law.
aud the same suits are again instituted- Nobody
knows what will he declared to be the law—
hence, every man who has an imaginary right,
is anxious to try his luck— there js nothing settled
—every tiling appertaining to the administration
of the law, is uncertain, Such a state of things
in the opinion of the Court, should not exist n-
m'ouga people, who profess to have a constitu
tion. and laws for their government. The Court
foil it to lie its duty, to call your attention to this
subject, leaving you perfectly free to express your
owu opinions, in relation to it, feeling assured,
thnt the opinion of so respectable a body of men
ns you are, will bo entitled to very high respect
among your fellow citizens*
Penobscot this year, 150,000,000 feet of | ^
which will sell at the mills, for nearly thr
lions of dollars!—The immense resource,** C
section of the State, are hut just bci.,^ I 01 , 1 ’
ed aud understood.—Be!fist. M e . Advoci'f^
Important fact relative to Rail R 0(ld} r
Baltimore Gazette states the following Zh*
of xperiments made oil the Baltimore aLjJ?
Rail Road.
Wo noticed in December last thesucrewf *
tempt to pass a Locomotive steam eo , M ' f
its own power, with a moderate load
it. over the inclined planes at Parr’s W-J "
the Baltimore and Ohio Rail Road;™'**
which has an acclivity of above tw o' bond 1
and sixty feet in a mile. Since that time v
succesful runniug of the Locomotive l
daring a season well adapted to furni*h fniiV
portunily to test all kinds of difficulties
might he caused hy the weather—has ‘
the satisfactory & entire conviction, tint for-,,
live steam engines can be constructed, on tkr I
adopted and now pursued, at the Manufactt* a I
Machinery of the Baltimore and Ohio Iloil ft,l
Company in this city, each of ickich engmi,#j*j fi
the us; of anthracite coal as fuel, will It tin jL
of transporting, with certainty and softly,
hundred pusst ngf rs with thr requisite tan II at
tain them up an inclined plane ascending t ,
hundred feet in the mile, at the rate of ten nil',
an hour. This triumphant and highly impu: -1 *
result furnishes additional evidence, in this
of wonderful discoveries, of what may he acne,
plished hy the use of steam power—the extras
which it is almost impossible even to imagict- '
every monih. every week, brings to yj,,
and into practical use. somo uexv benefit c '
ferred on man by the aid of this powerful».
gent.
Tho obvious benefits, and they may truly k
said lobe immense in their extent—whirheij
bo derived from the result thus ascertained, are
great reduction in the oxtenso of graduatin' tb
road beds on most routes for rail ways, xvhicb j g
countries even moderately undulating, will proh-
ably be at least fifty percent.—and great increase
of practicable routes for the location of rail wan
capable of being used beneficially without th
aid of stationary power. It is tunv believed toW
not merely probable, but in fact beyoutl a ret-
sonnble doubt, that a route will be fomid on«.
animation, for the continanco of the Baltimort
and Ohio Rail Road to the Ohio river, flee fron
all incliued planes that may not be passed om
without the aid of stationary power, it is ala
not less confidently believed, that passengerseia
be conveyed the whole distance iu eachdireefioa
ill 24 hours. _
BOTTS IN JIORSES.
About eighteen years ago, the Hon. John El
liot of this state, recommended to the Editoi of
this paper,'blue stone dissolved iu -ardent spirits
a sovereign remedy for - botts ill horses. 1
have tried it, and no other remedy from that day
to this, and have not in a siuglc instance failed
to effect a cure. His instructions were to dissolve
a lump of blue stone about the size of a large fil
bert in a half pint of brandy, whiskey or gin,'.di
lute it with a littlo water, aud "ive it to t ;e horse;
aud if it did riot relieve him in a halfhour, to rc
peat the dose. I have never as yet been under
the necessity nf repeatiiig^the dose. The action
of the spirits is of course more ready upon the
blue stone when iu a powder; but the person u*-
ng it need fie 'under no apprehension, ofgiviup:
too much blue stone, as a half pint of spirits will
dissolve no more than a proper dose.. Stage
owners, lvaggoners, and travellers should' always
carry* a bottle of it ready prepared with them,
and farmers should never be xvilhotit it ou their
plantation—.iugvsta Sentinel.
FIRE IN TIIOM ASTON, URSON CO. G.l
On S’qnday night, the 12th inst.abotr.lly.
clock, the roof of the public house owned hy Mr.
A. F. Edwards, was discovered to he on fire, up-
posed to have caught from the sparks froni::»
chimney, lighting on the shingles, and tlierek-
iug no means at hand to extinguish the Unmet,
in a few moments the whole of the Buildings os
the north side of the square including two pc!*Se
houses, several extensive stocks of dry goods, a
short the best improved and most beautiful pjrt
of the village was a heap of smouldering (tie.
The store of Mr. Beall on the North-east, rd
the houses on the North West check corners xrt
also consumed. The property destroyed in
been.estimated at upwards of agrrJit:
part of which was not insured. \t e are *ufrr-
med that Mr. Edwards had a short time s:crt
effected an insurance on his property to thea-
mouut of in Columhus.
EUROPE.
It will be recollected that two children of Mr.
Thomas Mervin werelost on the 26th of February
last, in Baldwin county, near Stockton, on their
return from school. They wore seen, for the last
time, near home, at 5 o’clock that day. By a
letter, dated Bjakely, March* J8Twe are informed
that they were murdered by two negro nicn, who
are lodged in jail at that plate. The discovery
was’mado by the attempted perpetration of an
act equally atrocious. It appears, that two la
dies, daughters of Mr. ."dove, were riding on
horseback along the road some few miles below
Montgomery Hill, when a negro rushed sudden
ly upon' them in such a nrmner as to frighten
their horses. One lady was thrown from her
horse, and tho scoundrel, probably, thinking
himself secure of her, set off iu pursuit of the
other, whoso horse ruti with her through the
woods. In the mean time, the former regained,
her saddle and rodo offiu another direction, aud
was somi able to alarm some persons, by whose
exertions tho villain was seized and secured.
On being put to the question, he confessed him
self the murderer of the two children above al
luded to, and stated,.that the 'bodies would be
fouad in Mr. Moyc’s mill creek. The elder of
the two children was a girl eleven or twelve
years of age, which,may account for tho wanton
and horrible nnturo of the crime.. Another uogro.
wlio is said to belong to Mr. Moye, is implicated
with this wretch in the commission of this most j
hellish act.
The letter adds, that the attack Upon the la
dies, was made on Sunday last, and that; up, to
Tuesday morning, tho bodies of the children had
not been found.—Mobile Register.
First, That tbqestablishment of a Court for the
The business will not) correction of errors, would
j Fatal Accident.—Two men lost their lives
yesterday afternoon on the Providence Rail
Road, rear theTrcmont Hotel in Roxbury. undci
the following circumstances.—Two men were
seen xvalking by the side of tho rail road, and
when the engine came within forty feet of them,
one of the men threw himself designedly, direct
ly across tho track. The other attempted to
save him, bat the enqine being so near, struck I
them both, and one was instantly killed, and j
the other very dangorously wounded. It was,
undersood that tin* men bo;h belonged to Bos- I
ton, au<f that the oils xvho threw himself upon
remove the public | the track, named Regan, xvns deranged. The
VERY LATE AND.INTERESTING FROM
EUROPE.
After an interval of sixty two days, we bars
at length intelligent: from Europe thirty days la*
ter th in our previous accounts, hy arrivals at
New York, from ilavro and Liverpool.
The most important items of news by the-e
arrivals is the death of the Emperor of Austria,
(which we suppose will not disturb the general
system of Europe;) the defeat of the I’eel Mini’*
try in England, noionlyjn the choiceni Speakff
in the House of Commons, but in tiie vote on d»
Address to the King, although bv asinnllm ijifi*
tv, and the dissolution of the I tench J!ii:i»i*7*
The question of indemnity to t»is country retnai-
ned ansettled. The Ncw-York American rua-
tains an extract of a letter to a house in thatcitj.
from Paris, dated Feb. 23d, in these words;
•‘Don’t be frightened at a change, of MinaUJ
here. \\ hoever Louis Philippe makes .Mink*
must pledge himself to make the twenty fiveinii'
lion law a Cabinet question. Mr. Livingston
told me, the day before yesterday, that bo W
very confident of our success. My friend, Jh*
Mcchin, who wiote the book lately on the Amci*
ienn claims, and who was the only man in P* !r;i
who predicted the first rejection,(which he did to
me,’) now predicts fifty to sixty majority in our
favor, as he told me ”
The New-York Journal of Commerce s' 1 ?'-''
.•‘The opioi ms expressed in the letters rreet ve “
ftom Franco, are uniformly favorable to the pas
sage of the indemnity Bill. We have had access
to a good many from respectable source*- aLl -
find tio difference, of opinion on the Hiljec 1 *"
dome of them speak iri the most positive tern!'*
such as “whoever may-lie Ministers, tbe bill'™
certainly pass.” The' language we have q“ 0 '"
is used by members pf the Chambers.ofDepuNR’
who are also merchants and Bankers, am!
to their correspondent.* here for theirgoidaa*® 1
business of mutual interest.”
DEATH OF THE EMPEROR OF
AUSTRIA. ,
Tiie Mohiteur of the 7th March contains n j, e ".
graphic despatch from the French Charge o-
I fairs at Vienna, stating that the EmperordtA *
(stria died sndder.lv at one o’clock iu the nw™ 1 j
of the 3d in*t. He was in bis 67th year, and‘ a
i been Emperor; first of Germany, and then ot* ^
| stria, since 1801. lie is succeeded by la*’°' >
J Ferdinand, now 42 years of age. Tnis ,
is probnhl*\ w ill cause a great change in the **
taro policy of the empire, as tiie present
is said to entertain a strong dislike against i o*
Meti’ernich.
Er.KNca Letters or Marque.—-A Brest Jf®
ual of the 2-ltli February lias the following
tide—: ,
“Sevoral applications for letters of ‘” 9 S a .
have been sent from our department to the
ister. The .Minister of .Marine has replied 10 !
of those application•■. thr t in the uncert*
which prevails respecting the issue of the o'*
enco with America, he could not at preset!' ^
Lively nccedc to tha application; but tli#
would take <1 tie notice of it. premising to P a f
tmtien to it, if occasion shculi! arise.' '