FEB. 10, 1831.]

Post Office Department.

[SENATE.

was drawn and accepted under his predecessor, and was not paid, when it fell due, by Mr. Barry, until taken in discharge of new services. That mismanagement existed in making a contract to carry the mail to New Orleans: when the same document clearly explains the groundless character of this imputation; and when experience under that contract has shown a regularity and improvement on that great commercial route, which is invaluable to the community, and which will soon augment the revenue in that quarter more than enough to meet all the increased expense. Next, a new arrangement of duties to the clerks, and unnecessary expenses in extra clerk hire: when, on the very next page of this printed document, all can read and see that the new division of duties introduced promises, like that of labor in manufactures, to make the discharge of them more perfect, and to cause a greater amount to be performed by the whole.

portation, incredible as it may seem, equal to nearly twice the circumference of the earth. Yet a department, so prosperously administered, and so largely contributing to those beneficial results within the last year, as well as in the two preceding years, it is now the policy of the opposition to misrepresent, vilify, and attempt to put down, by the "starling," or rather the parrot and cuckoo cry of proscription! proscription! Thus successful and efficient, it is to be denounced as unfaithfully administered; and this groundless accusation is wantonly to be imputed to the appointment "of brawling sycophants, with no other merit than a support of the present Chief Magistrate." Fearing, doubtless, that he might be driven from this position, by the want of evidence to support the assumption on which his strongest inferences rested, the chairman next resorted to a series of strictures on particular acts of the Postmaster General--to strictures on a majority of the special committee--to strictures on the Senate-and, finally, capping In relation to the expenses of clerk hire, which has the climax of reproach, to strictures on the people of Maine figured on other occasions, as well as in this letter, I will and New Hampshire, who have approved of removals. give the Senate fuller and satisfactory explanation in a few The task of following the gentleman in this species of moments. But, from these examinations and answers of debate, is by no means agreeable, either in reference to the accusations in this celebrated letter, is not the questhe topics themselves, to my own taste and habits in public tionable character of the whole manifest? And is it not speaking, or to the personal collision it may seem to pro-demonstrable that the letter itself has been in other hands before this winter, and all its contents then deemed wor

duce between us.

But, with my present strong convictions of the injustice thy of notice made the foundation of calls on the departwhich has been done to the head of this department, and ment? And have not those calls all been promptly met a to a portion of my constituents, by these strictures, it would year ago? Any gentleman who has the curiosity to combe dishonorable not to repel them. Hence I do not choose pare the whole together, will find the document in No. 136, to leave them unnoticed, as otherwise they might be, pro- the 21st Congress, 1st session. vided they were all true; because they possess no bearing But one step further. Not satisfied with causing the on the propriety or impropriety of passing the resolution whole letter to be read in the Senate, after the answers under consideration. Let us look at these, then, in their returned last winter on every point then deemed material, order, apart from their utter irrelevancy to the question. the chairman himself enters the field of denunciation Not a particle of evidence has been cited to justify the against the Postmaster General. On his own personal strictures on Mr. Barry, but the single affidavit before knowledge, he accuses him, not, to be sure, of the high mentioned, about the Fowler case. That affidavit has misdemeanor of wasting the public funds, or making been fully scrutinized and explained by the Senator from groundless and corrupt removals, but of an unpardonable Tennessee; and, I will only add, it shows Mr. B. honorably incivility, or of a heinous neglect to acknowledge the redischarged in one trial about his indebtedness, and so ceipt of his communications forthwith. Next, he is constrong a conviction in the past administration of the cor- demned for delaying, without cause, a reply to the resolurectness of that discharge, as to have prevented them from tion of the gentleman from Ohio, and a reply to the first any new attempts to render him liable. Next, we have nine interrogatories of the chairman. In no very measured against Mr. Barry the famous letter intoduced and read language, he is arraigned, also, as fearing an investigation, with so much formality, though it is no part of the evidence as thwarting legitimate inquiry; and is told that he "dare” before the committee, but has been entirely ruled out. If not do this, and he "dare" not do that, from a dread of the examination of the author of it, on other points in the consequences. It is added that the complaints made by letter, turns out like his examination about Fowler's case, the chairman on last Saturday forced or compelled the nobody but the writer will have much to fear from its con- Postmaster General to send in his answer to the first call. Mere letters, it is true, have their value; but, This is modestly said, although one would charitably think coming from an avowed opponent, and after a proposition the probability is, the answer, amounting to five or six for a confidential compromise, are not, it is presumed, in thousand pages, had been preparing for more than six this experienced body, to be deemed evidence against even months, and, having for a week or two been understood the humblest citizen in the smallest accusation. But what to be nearly completed, was sent in whenever finished, are the other charges contained in the letter, as it has been and because it was finished. Possibly, too, when in a few read and relied on? That Mr. Barry was probably incom- days the answer comes to the nine interrogatories, which petent to write a mere official circular, and hence resorted has also been preparing about two months, and after the to a clerk. This, too, is advanced against a gentleman of call was "immediately commenced," as the letter to the acknowledged natural talents, of finished education, and chairman shows, we shall again be told that that answer of distinguished professional attainments. The very state- likewise has been forced in, by the fulminations cast again ment alone stamps upon the charge reprobation and ex- upon the Postmaster General to-day, for his delays and treme folly. What next? That the printing of advertise- evasions. Pardon me, sir, if I remind the member from ments in this city, from his department, had been need- Delaware that these extraordinary attacks are made upon lessly expensive; when I now hold in my hand an official an honorable man, during his absence, and in a place call, and an official answer to it, on this very point, at the where he cannot be present to meet them in person, and last session, by which it appears that the printing for A. D. vindicate his conduct. Pardon me, sir, if I remind him 1829, of the above character, was from three to four thou- that this high officer of the Government is no less pure in sand dollars less expensive than it had been in either of character, or elevated in feeling, than the loftiest of his the two preceding years. Extravagance in repairs and accusers; that, so far from timidly shunning inquiry in furniture: when, in the same document, all can read a full proper cases-so far from being dragooned by threats, and satisfactory explanation on that point. That he has to acts of shuffling and intimidation, he invites all due inpaid money in advance to a political partisan: when, from vestigation; he discharges his trusts from principle, and the same document, it appears that the draft for the money not fear; and will be found, at all times, and by all per

tents.

SENATE.]

Post Office Department.

[FEB. 10, 1831.

For

sons, to "dare do all that doth become a man." Does But in the chairman's sweeping invective, his own comthe gentleman, after reflection, seriously believe that the mittee, or at least three members of it, came in for a share Postmaster General, if present, would not have been quite of accusation. He says, it is true that he will not impute as much amused as offended with the supposed effect of to them corrupt motives; yet he will state facts, showing certain menaces in expediting his movements? Would the "the suppression of inquiry," and other grievous misdoPostmaster General not have smiled at that bold assump-ings, and leave the Senate to decide on the motives. tion, as a little too much in "the Hercules vein?" And one of the three, I return him all the thanks which this might he not possibly have been tempted to repeat, in kind of courtesy merits; and must add, that in the member reply, the anecdote of the mechanic, who was employed from Indiana, though often acting with the chairman and to manufacture thunder for a storm, in a play, to be per- opposed to myself and the member from Tennessee, in formed on a certain stage? The storm being over, and some material points, I have witnessed nothing but perfect the thunder having been good enough of its kind, it hap- fairness of mind, and in no instance any uncharitableness pened, in all the subsequent parts of the play, when any towards his brethren. fine sentiment or fine acting produced applause, the manufacturer of thunder could not avoid exclaiming to those near him, "See the effect of my thunder!"

The gentleman from Maine likewise, though differing toto coelo from us in opinion, has expressed no illiberality; and the remarks of even the chairman himself, I am willing to attribute chiefly to great zeal and ardor in his own views, and to less experience in having those views criticised or overruled, than has fallen to the lot of his colleague on the committee near him, [Mr. HOLMES,] in a longer course of public life.

But how stands the naked facts about the seasonable. ness of the answers, and about the accusation concerning unnecessary expenses for clerk hire? Not only has the current business of the office been performed during the last nine months, but the answer has been made to the call of the member from Ohio, filling, I believe, more But to return to the accusations. It is said part of the than a ream of paper; and the answer far advanced to the committee has attempted to break down and discredit Mr. call of this committee. The last, a call not trifling in its Bradley from fear of his potent letter; as if that letter was nature, and requiring little of either labor or examina- so new and astounding; as if it had now fallen upon us like tion, as intimated by the chairman, but one resolution an avalanche, and had not been fully answered a year ago alone of the nine, requiring every item of incidental ex- by an official call; and as if any body had done so much to pense to be stated for each year, in the department, since break Mr. Bradley down as he himself had. It is he, who 1826. Another, requiring every allowance on contract has voluntarily made his letter public property. In relato be detailed, during this administration, when the al- tion, however, to Mr. Bradley's character, I shall forbear lowances probably amount to many hundreds. But thus to make a single stricture--and have adverted only to admuch has been accomplished, sir, under circumstances mitted facts, until his testimony, after the close of our inwhen the current business of the department is constant-vestigations as a committee, may come under the consily and largely increasing; and when in our official docu- deration of the Senate. In the next place we are charged ments we are informed it has augmented full one-third, with evading inquiries, by addressing them, in the first inwithin only four years, by the increase of routes, trips, stance, to the head of the department rather than to some and offices. Did not Mr. McLean understand this sub. of his subordinates; as if this course was not most deco. ject as well as Mr. Bradley, as the chairman, or any of us?rous, and was not likely to ensure at the same time the most and yet he, with an increase of clerks from only seven in prompt and full reply. The censure would rather have the year 1800, to thirty-eight in 1828, was obliged to been due, had we pursued a different course. When the appeal to the Committee of Ways and Means for a still replies come, should they not be satisfactory, the chairman further addition of clerks, and observed, "the business has been repeatedly assured that any further application increases as rapidly as the operations of the mail are ex- to other quarters for proper information would never be tended, and the public interest requires that the force of refused.

the office should be augmented.' Whereupon Con- Again: we did not, upon the receipt of Mr. Gholson's gress made provision for five additional clerks in May, letter concerning partiality in a mail contract in Virginia, 1828. Yet, in 1829, not one year afterwards, what said send at once thither for persons and papers. This is callMr. McLean again as to the pressure of business, and the ed "refusing inquiry." Now mark the real transaction. necessity of still employing extra clerks? Not what the Being informed the same subject matter had been under inimmaculate letter writter brings as a charge against Mr.vestigation in the department on an old complaint from the Barry, that he has employed extra clerks and agents, same quarter, we merely directed, that, before sending to when the business of the office was as well and promptly Virginia, the correspondence and evidence on file should done before, and when it did not require others." But be asked for by a sub-committee, of which the chairman Mr. McLean stated frankly and officially, "that during was a member. the last year, (1828,) he had expended for clerk hire, Was not this judicious, in order to shape our inquiries beyond the amount appropriated, $3,653 11, for which an properly in Virginia, and to ascertain whether foundation appropriation was not asked at the last session. It was enough probably existed in favor of the charge, to render deemed better to defer any application on this subject un- the expense and trouble of sending to Virginia justifiable? til the ensuing session of Congress, when the increasing The chairman having neglected to obtain that correspondbusiness of the office will require a more permanent pro- ence and evidence, and the inquiry having thus and thus vision by authorizing an additional number of clerks. The alone been delayed, I have obtained them for my own saincrease of business is such in this department, that any tisfaction as a member of the committee; and if any gennumber of clerks sufficient at this time, will not be able to perform the labor six months hence."

tleman wishes to peruse the papers, he can see how proper it was they should be examined before incurring the costs and inconvenience of a mission to a distance.

Who could have expected, after all this, all this too printed and published in our public documents, and accessi- Again: it is cast on us as a reproach, that we refused to ble to every one, that the letter should be read here, im- allow witnesses to be examined when before us. Yes, bepugning Mr. Barry for the employment of extra clerks in cause we objected to administer an oath just so long as 1829? And that in 1831, after three times "six months" was necessary to inquire whether the examination related had elapsed, and a number of laborious calls had been to points within the subject matters referred to us, and made for information, Mr. Barry should be here severely not a moment longer, this general and grave accusation is arraigned and censured for not having been able to give rung in our ears. Once for all, behold an illustration of to those calls an immediate answer? the temper in which the investigation is conducted. Are

FEB. 11, 1831.]

Duty on Alum Salt.--Post Office Department.

[SENATE.

we to be told as lawyers, or as law agents, that any court Mr. FOOT intended to have given a silent vote against or committee of limited powers should make investigations the introduction of the bill; but the gentleman's insisting or take testimony on subjects not within their jurisdiction? on having the yeas and nays on the question, brought to Yet a preliminary inquiry on that point, as well as our his recollection that a bill of similar import was before other proper precautions, are imputed to us as attempts the Senate. Although the Chair had reversed his deci to stifle the truth, and exclude light. sion on the subject, he still considered that the question of order was involved in it, and that it should be decided by the Senate, for a close observance of their rules was an actual saving of time. He would ask if the economy of their time would not be entirely forgotten, if every Senator might introduce bills of the same nature of others previously brought in, by a mere change of a partial description, but where the principle was the same? If this were tolerated, their whole time might be consumed by their consideration, although they might afterwards be rejected.

It is confidently believed that no unjaundiced eye can discover any circumstance in them beyond due courtesy to the head of a high department, a due regard to economy in the exercise of our power to send for persons and papers, and a commendable dislike to encroach upon the fimitations which the Senate, by a fair construction, seem to have imposed on the inquiries referred to, our examination.

But enough of this. A similar accusation is hurled even against the Senate for referring the answer to the call of the member from Ohio to the standing committee, rather than to the special committee, on the post office. It was done, says he, to create delay in our inquiries, and to smother investigation; when the chairman should know, for it was assigned as a reason at the time, that the reference was thus made to enable the gentleman, friendly to the chairman, and on whose resolution the call was ordered, first to examine the answer. That gentleman was on the standing, but not on the special committee, and now, as propriety dictates, has the papers in his individual care, willing, without doubt, that any member may refer to them in elucidation of our researches.

Mr. DICKERSON was opposed to the introduction of the bill, because he considered it one of too much importance to be brought in at this period of the session, for there could not be sufficient time for its consideration. He was also opposed to the granting of leave, inasmuch as he considered it a bill which interfered with the revenue, by providing for the charge of a tax of so much for a given time; and to the Senate did not belong the right of originating bills which went to levy or continue an impost in which the revenue of the country was concerned. it was also a bill which only related to a particular description of salt, and the bill introduced by the Senator from Maryland [Mr. SMITH] embraced salt in general.

Mr. BENTON said, that as to the question that it originated a measure connected with the revenue, he would simply ask, had or had not the bill already before the House the very same tendency? The question of order he would submit to the Chair.

The Chair could not change the decision already given, but proceeded to take the sense of the Senate on the granting of leave.

POST OFFICE DEPARTMENT.

The Senate resumed the consideration of Mr. GRUNDY'S resolution.

Mr. WOODBURY concluded the remarks he commenced yesterday in support of the resolution. [What he said on both days is embodied unbroken above. After he concluded--]

But I have done with these details, tiresome, I fear, to the Senate, and exceedingly unpleasant to me. From the specimens given, the flimsy character of the whole charge is manifest. Yet a duty to the public as well as myself, a duty of a character neither to be sought nor shunned, has been discharged in the discussion of them: and I shall here close--after a few comments on the charge of bribery flung by the chairman on such part of the people of Maine and New Hampshire as have approved the removals made in those States in the Post Office Department. [Mr. CLAY- A division was then had, when leave to introduce the TON here rose, and observed, he did not mean to make bill was refused--the yeas being 17, the nays 27. any charge against the people of New Hampshire; and only said as to those in Maine, that, in returning their ver dict for the administration, the verdict was entitled to no more weight than that of a jury, who had been bribed or embraced. I accept the gentleman's explanation to a certain extent. But though my immediate constituents may now be considered as not directly implicated, yet an indirect implication is still left upon their principles, and a most derogatory stricture made upon some of their brethren of a sister State, which I may be pardoned for noticing. That gentleman knows full well that the receivers of a bribe are as guilty as the givers, and that this accusation, however softened down, or construed into a mere comparative and political charge in the warmth of Mr. GRUNDY explained, and said, than this nothing debate, is not one entirely to be overlooked. Since the was further from his intention, and he had no objection so explanation, I have no right to doubt the charge was in- to modify his resolution, as to do away with any erroneous tended only in a comparative and political sense; and in impression in that respect which might be formed. that sense alone, with no unkind spirit would I rejoin, Mr. LIVINGSTON said--I gave my vote for the resothat though the accused may not feel under the highest lution under which this committee was appointed, but obligations to him for his compliment to their intelligence most certainly not with the intent of vesting them with and virtue, yet I should do them wrong to say, I believed the power which their chairman contends they have a them alike indifferent to his censure or his praise. On right to exercise. What is that power? One, sir, that the contrary, there is a class of politicians in this country, the Senate has solemnly declared, after the fullest investiwhose praise on political subjects they would generally gation, that the Senate itself had no right to exercise; a think much more to be deprecated than their severest

censure.

FRIDAY, FEBRUARY 11.

DUTY ON ALUM SALT.

Mr. BENTON, pursuant to his notice of yesterday, asked for leave to introduce his bill for the gradual abolition of the duty on alum salt. He asked for the yeas and nays on his motion.

VOL. VIL--13

Mr. SPRAGUE followed. He declined entering into any discussion on its fiscal concerns, but stated his objections to the resolution, as tending to impeach the veracity of individuals who had been dismissed from office in the capacity of witnesses before the special committee.

debate in which the honorable chairman of this committee strove with his usual earnestness, with unusual eloquence and ingenuity, but strove in vain, to establish a right in the Senate to call on the President to give his reasons for such removals from office as the Senate might deem improper. Sir, the honorable chairman needed not to have assured us that he was tenacious of his purpose when he thought that purpose right; the perseverance with which he clings to the doctrines which he on that occasion so ably advocated, is a proof of this. Now, sir, how does

SENATE.]

Post Office Department.

[FEB. 11, 1831.

the interrogatory proposed to be put by the committee, objection to the two members of the committee who have and the argument by which that right is attempted to be argued against the resolution; they think, and no doubt sustained; how do these differ from the inquiry then urged conscientiously, that it is part of the duty delegated to to be proper, and the arguments which were then used, them, to inquire and pronounce upon this branch of the but which failed to convince us? The Postmaster General accusation against the Postmaster General. Nay, sir, is an officer appointed in virtue of a law which prescribes they have gone farther; they have entertained, and think his duties and designates his powers. His great duty is it their duty to pronounce on accusations of fraud, malto secure the transmission of the mail, and the security of versation, and corruption. I did not understand them to the revenue to be derived from that source. The essen- say that these charges were true; but I did distinctly untial power given to him for the performance of these du-derstand them to say that they were made, and that the ties, is the appointment of his deputies, and, as a necessary committee were inquiring into their truth; and, unless I consequence, their removal, whenever they do not, in his am greatly deceived, it was added, that they were supopinion, properly perform their duties; they are answer- ported by high evidence. Further, sir, the written alleable to him in the same manner as he is to the President--gation of some of these charges was laid before us; was as the President may remove him in the exercise of his read at the request of the chairman, in the shape of a legal discretion, so may he remove the deputies whom he letter from one of the officers who had been dismissed. has, on his own responsibility, appointed. All the argu- Now, sir, against all this proceeding I deem it a duty ments used against the interference of the Senate with solemnly to enter my protest. Every member of this the removals by the President, apply with the same force body must pursue that conduct which is dictated by his to any intermeddling here. I will not fatigue the Senate own sense of propriety and duty. I have no doubt that by repeating those arguments; they were deemed conclu- the honorable members who differ from me on this occasive then. Circumstances have not changed; nor have son, are so guided. Far be it from me to inculpate the members of the Senate changed. Whether any ar- them. But I too must follow mine; and my sense of imguments now addressed to them by the chairman of the perious duty urges me not only to dissent from this doccommittee can have operated any change in their opinion, trine, but to point out the consequences of what I deem I should be very much inclined to doubt, because I have a most dangerous assumption of unconstitutional power. heard none now that I cannot recollect perfectly to have Do we not entirely disregard the allotment made to us in heard on a former occasion. Sir, they are old acquaint- the distribution of the powers of Government? Do we ances, and though they, like old friends, sometimes put not encroach on those of a co-ordinate branch? and, by on new faces, and trick themselves out in the new dresses assuming powers not delegated to us, render ourselves that they borrow from eloquence and talent, yet it re- incompetent to the performance of those that are? We quires no great stretch of memory to recollect them. appoint a committee for the purpose no doubt of inquir will simply ask the honorable chairman what practical ing whether any legislative measure is necessary to give good he expects will result from the inquiry? Let us greater effect to the Department of the Post Office. To suppose it proper, and pursue its course; a discarded give it any other construction would be to suppose it an officer of the department is called before the committee: unconstitutional measure. This committee asks for power "Sir, you were a deputy of the Postmaster General; for to send for persons and papers. With confidence in what cause did he dismiss you”” "Sir, it is impossible the correctness of their course, we give it to them. And, for me to tell; I was a most meritorious officer, regular in under this delegation, it is contended they not only have rendering my accounts, punctual in my payments, diligent a right to do that which the body, of which they form a in the duties of my office." "Call in the Postmaster part, has solemnly resolved it has no right to do; but, sir, General: Why did you dismiss this man?" "Because he that it is their duty to inquire into charges of fraud and was totally unfit for his office; he never attended to its corruption in the exercise of his official duties, by an duties; his mails were rarely made up in time; and the officer upon whom, if he should be accused, we are aftermail-carriers were detained for hours at his office." "Can wards to sit in judgment. Not only is this inquiry puryou bring proof of these charges?" "Easily; you have sued in the committee; not only are its members forced only to send for the mail-carrier between Memphis and to prejudge the case, but the charge is uttered in the New Orleans, and for eight or ten of the inhabitants of assembled Senate; all of us are to have our judgments the village where he lives; the distance is not much above warped and poisoned by hearing evidence and arguments two thousand miles, and you may have them here certainly to show the guilt or to prove the innocence of the accusin a year." The report must be made in three weeks. ed. And then, with our passions inflamed with the Here is one case, and a probable one: How many such in warmth of debate, with minds perverted by ex parte the five hundred cases of removal? Take another: "Why, evidence, and the mixture of political feeling that has Mr. Postmaster General, did you dismiss A. B. ?" "Be- been introduced into the case, we are to take our places cause, sir, I had no confidence in him; a discretionary beside you, sir, in the august tribunal where we had so power was given to me, which I have exercised in all lately sat, and we are to call God to witness that we will cases according to the best of my judgment." Then I decide coolly, and dispassionately, and justly, between think that inquiry must end. But suppose, in another our country and the officer accused. How, sir, are we case, the suspicions which have been expressed, or rather preparing ourselves for this duty? By violent philippics the positive charge, that has been repeated till the echoes against the man who, if the opinion of those who utter are tired with it, that the removal should have been of a them is well founded, must appear at our bar to answer person hostile to the election of the present Chief Magis- them! by arguments which those who believe in his trate, and that another, of opposite politics, should have innocence feel bound to use in his defence! by the exreplaced him; suppose this to have happened in three citement which zeal and eloquence must naturally produce hundred out of the five hundred removals, what is to be in the minds of their fellow-judges, to whom they are the result? Why, the honorable chairman has long since addressed. In our zeal for political reform, or for the anticipated it. Such conduct is corruption, and corrup-advancement of justice, we forget what we are. We tion is an impeachable offence. To this result, then, we assume the accusing, when we have only the higher, the come at last. A committee of the Senate, members of judging power. If one "twentieth part the tithe" of the high court for the trial of impeachments, are to be the accusations that have been uttered on this occasion employed in finding materials for the accusation of an against this gentleman be well founded, he ought to be officer whom they, in the performance of their high impeached; those who believe them to be true ought functions, are to try, but this seems to offer no serious immediately to produce the charges before the accusing

FEB. 11, 1831.]

Post Office Department.

[SENATE.

power, not to reiterate them within these walls, where no tion-suppose the bill to regulate the mileage of members voice ought to be heard in cases of alleged criminality of Congress to be under consideration, would we be rebut that of calm deliberation. stricted from inquiring what reason there was to pass the Sir, whether the charges are true or false, I will not act? Suppose members had charged double, or nearly inquire, until they are constitutionally made and legally double their distance, and received their pay, which, if proved. Until then I am bound to believe him innocent, not ground of impeachment, would be certainly good not only by duty, but because I believe him, as far as my cause for expulsion--could we not inquire into the fact, observation has gone, to be an upright, able officer, and as evidence of the necessity of a remedy? Now, expulthat, under his administration, the department has greatly sion is a judicial act; and will any one pretend that here extended its usefulness. But, although this opinion may legislative functions must be suspended, lest they should make me require and scrutinize proof before I condemn, conflict with the judicial? it will never, ifI can confide in my own judgment, swerve Suppose, further, that a member should institute a prome from duty, if that proof should, contrary to my belief, secution against an officer, either personally or professionbe produced. Nor, on the other hand, can the misplaced ally, and thus disqualify himself from sitting as a judge, all invectives, the violent, acrimonious, and repeated charges the evil that would result would be, that he would be exthat have been made, bias me against the man whom I cused from taking the oath. If this objection had not esteem. The honorable chairman of the committee may, originated in the Senate of the United States, I do not as he says he will, “teach his starling to cry proscrip- hesitate to say that I should pronounce it a miserable subtion" until all the prating party parrots of the country terfuge.

can repeat it. He may, as he says he will find his victim But the "dignity" of the Senate is thought to be in dan"when he lies asleep, and in his ear may halloo proscrip- ger by this inquiry. Sir, if every member respects himtion!" He may make the Senate resound with this catch- self, acting neither the tyrant on the one hand, nor the word of a party until he is hoarse with the repetition. sycophant on the other, but proceeding right on, and fearYet, sir, I trust the members of that august body will be lessly performing his duty, the "dignity" of the Senate will calm; they will not suffer themselves to condemn or be in no danger. And, sir, if we should retrench upon acquit but in the performance of their constitutional the rights of the House of Representatives, I trust that functions, nor suffer any delegated power to transcend there is sufficient independence, and patriotism, and intelthose limits which they have determined to be the boun- ligence there, to sustain and defend their own rights and dary of their powers. privileges.

Before I conclude, let me ask the honorable Senator Mr. President, the chairman of the committee [Mr. from Delaware, whether he thinks his favorite word might CLAYTON] was called to order by the Senator from Misnot be with some propriety applied to the hearing ex parte souri, [Mr. BENTON,] for disclosing what had occurred in accusations of fraud, corruption, and other misdemeanors committee, after he had patiently endured the disclosures against a high officer, repeating them in the highest of two other members, [Messrs. GRUNDY and WOODBURY.] council of the nation, and speeding them on the wings of The decision of the Chair was against the call; he made an his eloquence through the land, before the accused has appeal, but withdrew it. If the Senate approves this ineven answered to the charge. The good feelings which terruption of such a Senator as the chairman, who never I know that Senator to possess, will, unless I greatly violates the most rigid rules of decorum, I can only say mistake, in his moments of calm reflection, lead him to that such approbation bears melancholy testimony of a regret the course which an honest but mistaken zeal has deterioration of the dignity of this Senate. led him to pursue on this occasion.

It is again urged upon us that our dignity will be comThe observations, sir, of the Senator from Maine [Mr. promitted, because the Postmaster General may refuse the SPRAGUE] are correct. The resolution offered by the call. How? Does the Senator from Tennessee [Mr. Senator from Tennessee does not go far enough. I offer GRUNDY] anticipate that the Postmaster General will rethe following amendment: Strike out from the word fuse to answer a call of this Senate? A Postmaster Gene"to," and insert--" make inquiry into the reasons which ral-a green attaché of a "cabinet"--a thing not known have induced the Postmaster General to make any remov- to the constitution-refuse to answer an interrogatory of als of his deputies;" so as to read-this Senate! Is this the degradation which that Senator

Resolved, That the select committee appointed on the predicts? And what then? It would seem to me, with all fifteenth day of December last to inquire into the condi- due deference, that the probability that the Postmaster tion of the Post Office Department, are not authorized to General would not answer the inquiry put to him, would make inquiry into the reasons which have induced the be the best reason in the world why we should inquire Postmaster General to make any removals of his deputies. clsewhere. Can that Senator be serious that, because the Mr. GRUNDY accepted the modification offered by Postmaster General was not obliged to answer the queries Mr. LIVINGSTON. put to him, we ought not to inquire of any one else! I am

Mr. HOLMES then again rose. Sir, said he, the Sena- really lost and confounded; I cannot for my life see, if the tor from Missouri [Mr. BENTON] stepped out of his way Postmaster General is not obliged to answer the queries to catechise the Senate for instituting this inquiry. It ap- put to him, why it follows, that the same or similar queries pears, by a speech of his published this morning, that the may not be put to the witness. There may be great weight proceedings on this subject are so unparliamentary, that in this argument of that Senator; but, humiliating as it may they ought to be expunged from the journal; and, on be, I am free to acknowledge that it transcends the limits another occasion, his remark was, that we were acting as of my understanding. The Senator from New Hampshire petty constables to ferret out offences which we may be called on as judges to decide. Should the Senate obsequiously obey the mandate of that Senator, and apply the sponge to the whole procedure, it becomes necessary for me to proceed in the debate, and to preserve my own record of what I shall have done and said.

[Mr. WOODBURY] disposes of the point differently; he takes what he calls the "broad principle," that the conduct of this officer is subject to the inspection and scrutiny of the President alone. This "broad principle" is strictly military. Each executive officer is answerable to his superior, and to no other power. So long, therefore, as Sir, I have before shown, to say nothing of "petty con- the President approves the acts and deeds of the Poststables," that, from our complex character, our legislative master General, no other constitutional power can reach and executive duties may conflict with our judicial func- him. This is, indeed, a broad principle--broad enough tions; but, that this may be the result, is no reason why for the basis of the most relentless tyranny which ever we should perform no duty at all. As a further illustra- scourged mankind.