TO RICHARD HENRY LEE.
[MS., Lee Papers, American Philosophical Society, a draft is in the
Samuel Adams Papers, Lenox Library.]
BOSTON Augt 29th. 1789.
MY DEAR SIR
The Power of removing federal Officers at the Pleasure of the President is to be found the Constitution or it is not. If it is, What Need was there of an Act or Decision of Congress to authorize it? But if it is not, could Congress give so important a Power? What have the United States been contending for? Liberty. This is the great Object of their State Governments, and has not the federal Constitution the same Object in View? If therefore a Doubt arises respecting the Exercise of any Power, no Construction, I conceive, should militate with the main Design, or Object of the Charter. If there is a total Silence in the Constitution, is it not natural to conclude that an Officer holding during Pleasure is removable by the same Power which appointed him, whether vested in a single Person, or a joint Number? I am sensible, it is said, that a single Person, being amenable for his Exercise of Power will use the utmost Circumspection. This may be true, but may not this Idea be carried too far in Practice? May not some Powers vested in a single Man give him such Weight and Influence as to render any Restraint from his feeling himself amenable of little, or no Effect. If this Power lodged in the Discretion of a single Person will afford a greater Security against Corruption because of his Amenability, why should not the Power of appointing as well as removing Officers be given to him? In the one Case the gracious Hand may be held forth, in the other, the threatning Rod; and both may be used for improper Purposes. In England, "the King can do no wrong" is a Maxim. His Ministers are made accountable for him; and how often have corrupt Ministers and Councellors been brought to the Block for Follies and Crimes committed by their Royal Masters who can do no Wrong? And it may also be asked, how often such Ministers and Councellors have found Means to get themselves screened from Punishment through the Influence of their Masters, by procuring Parliamentary Sanctions to such Crimes and Follies? But in the Removal of Officers the President has not a Constitutional Council. He must therefore be solely accountable. I need not tell you who have known so thoroughly the Sentiments of my Heart, that I have always had a very high Esteem for the late Commander in Chief of our Armies; and I now most sincerely believe that while President Washington continues in the Chair he will be able to give to all good Men a satisfactory Reason for every Instance of his public Conduct. I feel myself constrained contrary to my usual Manner to make Professions of Sincerity on this Occasion because Dr Gordon in his History of the Revolution, among many other Anecdotes innocent and triffling enough, has gravely said, that I was concerned in an Attempt to remove General Washington from Command; and mentions an anonymous Letter written to your late Governor Henry which I affirm I never saw nor heard of till I lately met with it in reading the History1—This is a Digression to which a Man of my years is liable. Who will succeed the present President for it is the Lot of Man to die? Perhaps the next and the next may inherit his Virtues. But my Friend, I fear the Time will come, when a Bribe shall remove the most excellent Man from Office for the Purpose of making Room for the worst. It will be called an Error in Judgment. The Bribe will be concealed. It may however be vehemently suspected & who, in Times of great Degeneracy will venture to search out and detect the corrupt Practices of great Men? Unless a sufficient Check is provided and clearly ascertained for every Power given, will not the Constitution and the Liberties of the Citizens for want of such Checks be finally subverted.
A Gentleman of this Place who has suffered much for his Attachment to our Cause I conceive has Documents in his Hands which would be of Importance in the Settlement of the Eastern Boundary of the United States which appears to have been encroached upon by the British. I wrote so long ago as last April to Mr Dalton respecting this Gentleman; but have never received an Answer. He I suppose is able to give you an Account of Mr Boyd the Name of the Gentleman referred to. I wish you would converse with Mr Dalton upon the Subject. The Vice President however is probably able, and undoubtedly disposed to give you the fullest Account. I am sincerely yours
P. S. Pray write to me and let me know the State of your Health, & pay my affectionate Regards to your Brother the Doctor.
1 William Gordon, History of the American Revolution, (3rd Amer. edit.) vol. ii., p. 306.
1790