LEHIGH CANAL. The first load of coal passed through Lehigh Port lock on Tuesday, the 16th June. The boats laden with about 40 tons, and drawn by one horse, reached us in safety and proceeded on Wednesday morning to Bethlehem. The indefatigable manager, Friend White, was on board, and hundreds of our citizens were assembled to greet him.--Herald. We cannot omit expressing the sincere gratification which we feel in being enabled to announce the near completion of this great and important undertaking. On the 18th. inst. a boat, on its return from Philadelphia, entered the eastern lock. Josiah White, Esq. the indefatigable and enterprising Manager of the Lehigh Coal and Navigation Company, N. B. Eldred Esq. one of the Pennsylvania Canal Commissioners, together with a number of the citizens of this borough, (oursel ves among the rest,) had a pleasant ride up the canalVery little injury has been sustained by letting in the water. The Canal is good, and the works substantial. It is confidently expected, that the canal will be completely navigable throughout the whole line, by the 4th. of July next; and we have no doubt a good and plentiful supply of coal will be carried thereon to market, ere winter sets in. commissioners at their meeting in Easton on Thursday last-when the dam and locks to be erected at the mouth of the Lehigh, and a feeder to the canal was put under contract. A great part of the work on this canal is now done, and the entire balance contracted for to be finished by the first of January next. We heartily wish the work good speed. Ib. Rain and Hail.-On Wednesday the 17th inst. we had a smart shower of rain accompanied with hail. In Mahony Valley, a few miles below this place, considerable damage has been sustained. One man has had his grain fields almost entirely destroyed, the vegetables in his garden cut up, and fifty panes of glass broken. A lump of ice, of irregular form was picked up by Mr. Hagenbuch, in Lehighton, which measured an inch and a half in width. Report says that hail was seen as large as hen's eggs. Ib. The man who forsook his couch before four A.M. on Friday last would have seen the grass robed in a white frost. It appeared very beautiful, but the warm beams of Aurora, when his wanton sway was resum ed, soon disrobed it of its wintery habiliments. Ib. We had just laid down our composing stick, or Monday evening, and picked up Poulson of Saturday, when a gentleman s tepped into our office, and, handing us papers and letters from Philadelphia of same day, observed, "if you are in want of a paragraph, here is timher to build one." When we reflect, that this canal of about 47 miles in length, leading to the immense coal region of Northampton county, was commenced in the summer of 1827, and that so important a branch of internal navigation, and one so fraught with interest to the state, has been completed in the short space of two years, we cannot And indeed it is well worthy of notice-The proprie. refrain from speaking in terms of praise and approbation tors of the Union Line of Mail Coaches have made such of a Company, who by their enterprize and perseve-arrangements that they start from Philadelphia on Monrance have turned a barren wilderness into a source of wealth; and who by opening a safe channel for the transportation of a cheap and excellent fuel, the want of which has frequently and recently caused so much distress and suffering among the poor of our cities, in the "freezing time of winter," have done much to promote the comfort and happiness of their fellow-citizens. Penn. Argus. It is MAUCH CHUNK, Wednesday, June 24, 1829. We have the satisfaction to inform our friends that Mr. White has returned from his experimental expedition to Trenton and back with one of the Lehigh Co's. canal boats, and that his voyage has been completely successful. The boat was flat bottom-7 feet wide, 84 feet long, and built so as to come to its full bearing when empty. Her draught of water, empty, was four and a half inches. She carried after coming to her bearing, one and one third tons to each inch. The boat was pushed up Trenton and Scudders's Falls by five hands with setting poles, and drawn up all the Falls from the 4 mile ferry to Easton by a horse with great ease. believed that a single horse would pull up two such boats at one time at the rate of 20 or 25 miles per day, if there was a good towing path on the side of the river. We consider this experiment (which we believe is the first that has been made to bring boats up to Easton from tide by horse power) as a strong proof of the intrinsic value of the channels of the Delaware, and as a consoling evidence of our boundless outlet for all the trade that can ever pass down Lehigh and Delaware from the coal mines and western and northern parts of this state. We do not wish to be understood as being in the least wavering in our good opinion of the Delaware canal, but that however much we value the channel of the river, we value the canal much more. Boats built on the plan of Mr. White's will pass through the locks and canal of the Delaware, carrying 75 tons, making this canal capable of passing 5,000 tons up and the same down daily. Courier. We are much gratified to announce that the final let ting on the Delaware canal was effected by the state day, Wednesday and Friday mornings, and arrive at Mauch Chunk on the same day at 7 in the evening.— Leave M.C. the morning following arrival, and sip their tea in Philadelphia the same evening. And now we consider ourselves at least 30 miles nearer the city. Who would have dreamed five year since of eating a | farmer's breakfast at 4 in the morning at Philadelphia, and supping at Kimball at 7 P. M. among the highlands of Northampton-promenade our village the next day and visit the mines-be in Philad, on the third- and behind the counter on the morning of the fourth-having seen in the short space of three days what would repay a journey across the Atlantic.—Mauch Chunk Courier. Canal Navigation.-The Canal is filled-the canal boats Pioneer and Gen. Lacock, are expected to arrive to-morrow! No event can be more interesting to the people of this city, and those of the adjacent counties, than the announcement of the fact, that the great work is completed, and that the navigation on our Canal has commenced! It has been a work of immense expenditure and labour, and no man, except he travel the line of canal from Pittsburgh to Blairsville, can estimate or appreciate the patience, the toil, and the perseverance, that have been required in its construction, direction, and superintendance. The locks, the bridges, the aqueducts, the tunnel, and in numerous places the embankments, are of unusual magnitude and permanencythey have cost an immense amount of time, labor, and money. This division of the work is now completedeighty miles of the Canal is navigable-and it is hoped, that it will realize the best anticipations of the most sanguine, and that those who have so anxiously labored to promote its progress, will now reap the reward of their industry. Pittsburgh, (Penn.) June 24. Printed every SATURDAY MORNING by WILLIAM F. GEDDES, No. 59 Locust Street. Philadelphia; where, and at the PUBLICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office, (back room) subscriptions will be thankfully received. Price FIVE DOLLARS per annum, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance. THE REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. IV.-NO. 2. EDITED BY SAMUEL HAZARD. REPORT ON EXECUTIVE PATRONAGE. (From the Journal of the Senate of Penn'a.) Monday, March 25, 1822. Mr. Hill, from the committee to whom was referred on the 13th of December last, an item of unfinished business, relative to the power of making appointments to office, by the governor, made report, which was read as follows, to wit: NO. 80. bly, contained in the 20th section, viz. "except such as are chosen by the general assenbly or the people."— The general assembly did, for some years, claim and exercise not only the power of creating offices, but also the prerogative of appointing the officers; except those appointments specially given to the supreme executive council. The extensiveness of the appointing power thus exercised by the general assembly, was much complained of by the members of the executive council. But the general assembly, notwithstanding those complaints, continued to create offices, and to appoint officers in such manner, and at such times as in their own opinion was best calculated to promote the public weal, untilthe mee ting of the council of censors in 1783. That council of assembly, the passage of a law dividing the appointments thereafter to be made, between the supreme executive council and the general assembly, pursuant to which recommendation; the general assembly did, on the fourth day of April, 1785, pass an act, prescribing the appointments to be made by the general assembly, and vesting in the executive council the appointment of all other officers, whose appointments were not otherwise provided for by the constitution. But it must be borne in mind, that this law is only an act of the general assembly, and like all other legislative acts, is liable to legislative alteration, revision or annihilation, at any time, when a succeeding legislature, from different views of the constitution, from different notions of public policy, or from different ideas of the wishes of the people,shall deem it to be necessary and proper so to do. That they have given the subject matter referred to them a deliberate consideration; that they have in their deliberations found it necessary (in order to form an intelligible report) to carefully examine the provisions of the constitution of 1776, or, at least so far as those prosions relate to legislative&executive power&prerogative. That instrument being the original source or first de-censors, among other things,recommended to the general claration of state sovereignty-the declaratory foundation upon which all our state rights are built-the first fundamental charter of our state liberties, and the original fountain from which all delegated power in this commonwealth emanated;-an intimate knowledge of its provisions, as well as a knowledge of the constitution of 1790, is indispensably necessary to the formation of a clear, correct and comprehensive idea of the powers which are now constitutionally invested in the executive. Your committee have been thus particular, because they are fully apprized, that all powers wheresoever vested by the constitution, must so remain, until the people shall think proper to resume the powers thus vested, and retain them or vest them elsewhere. Your committee are also decidedly of the opinion, that all and every power and prerogative claimed or exercised by the governor, as well claimed as exercised by any other officer of the government, which are derived from any source other than the constitution, are fair and legitimate objects of legislation. "All power is inherent in the people, and all free governments are founded on their authority;" therefore, it is incompetent for any officer of the government to assume the exercise of any official power which has not been vested in him by the constitution, or by the legislature; that being the only body known to our form of government, that is vested with the law-making power. Hence the necessity in this important inquiry, of a critical investigation of all the constitutional provisions which in any way relate to executive patronage: and also of the several acts of the legislature, which have been passed at different times for the purpose of explain ing, extending or increasing the same. All of which constitutional provisions and acts of the legislature shall be duly noticed in their proper places. The committee have had, among other documents referred to them, a letter from the secretary of the commonwealth, containing much information on the subject of executive patronage. This letter attached to this report, marked A, is an answer to a call made upon that officer, at the last session of the legislature, by a committee appointed for the purpose of ascertaining the governor's powers to appoint officers, and the different channels through which those powers have been obtained. This intelligent, venerable and candid statesman, relies on the eighth section of the second article of the constitution of 1790, the law above referred to, several acts of assembly of subsequent date, and on common law principles, to justify the governor in the extent of patronage, which he at present exercises. So far as the governor's powers are vested by the constitution, they must remain unimpaired. But we presume, that however long the governor may have exercised the power of appointing to office, by virtue of any statute, or common law principle, that the powers thus claimed and exercised can at any time be reclaimed by the legislature, and otherwise disposed of, whenever they shall deem a change necessary and expedient. Official powers vested in any officer by the legislature, may, when the public good requires it, be also divested by the legislature. The 9th section of the 2d chapter of the constitution of 1776, vests in the general assembly the "power to choose their speaker, the treasurer of the state and their other officers." The 20th section of the same chapter, provides that "the president, and in his absence, the vice-president, with the council, five of whom shall be a quorum, shall have power to appoint and commission all judges, naval officers, judges of the admiralty, attorney The peculiar business of legislation, is to pass laws general, and all other officers, civil and military; except for the regulation and guidance of all who are concernsuch as are chosen by the general assembly or the peo-ed in the administration of the government, and the ple," under the broad and indefinite expression contained in the 9th section above quoted, "their other of ficers;" and the very indefinite exception from the executive appointments, in favor of the general assemVOL. IV. 3 benefit of the people. Common law is an auxiliary to statute law, and is only to be called upon in cases not particularly provided for by the statute. Those official powers, which are vested by act of the legislature and common law principles only, are not constitutional powers, and therefore fit objects of legislation. It appears by a full examination of the constitution of 1790, and of several acts of the legislature, passed imWe now proceed to the examination of the only con- mediately thereafter, that the convention have expressstitutional provision relied on by the advocates of exec- ly vested such power of appointment in the executive, utive patronage: it is contained in the 8th section of the as it was intended he should absolutely exercise; and 2d article of the constitution of 1790. By this article also have expressly vested in the general assembly, such the governor is authorised to "appoint all officers whose appointing power as was designed to be absolutely exeroffices are established by this constitution, or shall be cised by that body, leaving the appointment of officers established by law, and whose appointments are not not specially provided for, to be regulated (as had beherein otherwise provided for." Preparatory to the fore been done,) by act of the legislature. Constitution, construction of this provision of the constitution, it may Art. 5, Sec. 4, he shall appoint in each county, not not be improper to take a review of long established fewer than three nor more than four judges, &c."and well settled principles of construction in all cases Same Art. Sec. 10, "The governor shall appoint a comrelative to vested rights. In every case where individ- petent number of justices of the peace," &c. Art. 6, ual rights are legally and absolutely vested, they are Sec. 5, "The state treasurer shall be appointed annualsupposed to remain secure and unimpaired, until it can ly by the joint vote of the members of both houses," &c. be clearly and conclusively shown, that those rights In those cases the convention left nothing to the discrehave been expressly transferred. While your commit- tion of the legislature, nor even to the people, during tee entirely approbate the cautionary and scrupulous the continuance of the constitution, however great the manner in which a transfer of individual rights is exam-progress of information and political knowledge might ined and decided upon, they earnestly, though respect- be among the citizens in future times. But your comfully, recommend to the legislature, in construing the mittee trust, that they will be able to convince every powers delegated by the constitution, at least to use as candid, intelligent, unbiassed mind, that all appointgreat caution and strictness in favor of the rights of the ments, not specially provided for in the constitution, great body of the people. It is not only acknowledged were intended by the convention to be left to the future by all republican politicians, but it is also positively de- regulation of law. The constitution was done in con clared by the constitution, "that all power is inherent vention, the second day of September, one thousand in the people." It is therefore incumbent on every of seven hundred and ninety; and on the 7th day of De ficer of the government, and agent of the people, who cember next following, the general assembly convened claims to have been invested by the constitution with pursuant to the provisions of said constitution. In this the exercise of any power, to show that such power has legislature, there were 14 members, who had been been expressly vested in him by the constitution: if he members of the convention; combining as much genefail to do this, it would be great remissness in the legis- ral information, as much political knowledge, and as lature, (who are the immediate agents and representa- great a quantum of integrity, as we ever have seen, or tives of the people,) to indulge him, contrary to the ever expect to see our general assembly adorned with, public interest, in the exercise of a doubtful power.- in an equal number of members. History affords us abundant proof, that the great dan- This opinion will be responded by all who are acger to be apprehended, as well in republican govern- quainted with the public characters and private virtues ments as all others, is the engrossment of power by a of those gentlemen-their names we insert in the folfew, and its exercise by them, to the injury of the ma-lowing alphabetical order, viz: James Boyd, John ny. Usurpation is the very marrow, the bone and the sin- Breck bill, Lindsey Coates, William Findlay, Albert ew of despotism—assumption freely indulged in by an Gallatin, John Gloninger, Sebastian Graff, Joseph Hiesindividual, and quietly acquiesced in by the people, ter, John Hoge, Thomas Jenks, James M'Lene, Thomas will, in time, bring upon the community, all the poison- Mawhorter, John Sellers, John Smiley. The above ous effects of usurpation in its most terrific form. facts are stated, and the names of those gentlemen are But to return to the words of the constitution of 1790, introduced for the purpose of showing what their opinwhich are relied on by the friends of executive patron-ion was respecting the powers that had been vested in age, as justifying the executive in the extent of the ap- the governor, by the constitution, as near as can be judgpointing power, which he has been in the exercise of: ed of by the enactment of various laws while they were "He shall appoint all officers whose offices are estab- members of the legislature; and the significant lanlished by this constitution, or shall be established by law." guage made use of in those laws. It will be proper, Is it reasonable to suppose, that the convention in however, before we proceed to an examination of those speaking of the offices established by this constitution, laws, to state that Thomas Mifflin, (the president of the had reference to offices which had long before been es- convention) was declared to be duly elected governor tablished, and the incumbents whereof, had long been of this commonwealth, on the 18th day of December, aiding in the labours of the government? The correct- 1790. That on the twenty-eighth day of the same ness of such a construction, when viewed in connection month he addressed a message to the legislature, inviwith all the circumstances which are connected with ting the attention of the members to certain important this provision of the constitution, might well be doubt duties, requiring their immediate attention under the ed. The isolated word ESTABLISH is significant of, new structure of the government. found, erect and confirm; as well as, to, settle and fix firmly that which has been founded and erected. It would appear that the former of these two constructions, is the sense in which the convention had used the word establish in the constitution; because it is used in connection with "shall be," evidently referring to offices that might "be established by law" subsequently to the confirmation of the constitution, and had, beyond question, in view the appointment of officers to fill offices thereafter to be created and confirmed. But your committee in drawing their conclusions of the sense in which the convention used the word "establish," do not rely wholly, nor indeed so much upon the definition it bears, even as used in connection with the words "shall be," as they do upon other important facts which have a direct bearing upon the construction given to this provision of the constitution, by the friends of executive patronage. In detailing at considerable length, the objects of most pressing necessity, the governor observes, (Journal of the House of Representatives of that session, page 46,) "as to the laws, which require an immediate revision, on account of the new structure of our state gov ernment, you will find that they principally relate to the exercise of the executive authority under its former modification." After specifying many official duties that were to be performed by the executive authority, under the former modification of the government; the message remarks: "In short, to the president and exec. utive council, so great a variety of appeals and reports were directed to be made by them so great a variety of commissioners and other officers were to be appointed for specific services-before them, so great a variety of official qualifications and sureties were to be taken-and on them the superintendance of so great a variety of pub 1829.] REPORT ON EXECUTIVE PATRONAGE. lic objects devolved, that a particular recapitulation would, at this time, be impracticable." It will be observed, by an examination of the above extracts from governor Mifflin's message, that he in a particular man. ner notices the great power of appointing officers that had been vested in the executive authority, under the former structure of government, to regulate the exercise of which power thereafter, legislative interposition was immediately necessary; consequently, in the opinion of the governor, the power of appointing many of the officers which had been vested in the executive authority under the former structure of government, had not been provided for by the constitution; and were purposely left to the future regulation of law, in such manner as propriety and experience should dictate. Therefore, 19 SECT. 2. Be it enacted by the Senate and House of Representatives, of the commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That all and every duty, which by any of the laws of this state, was directed to be done and performed by the president, or by the president and supreme executive council, not inconsistent with the constitution of this commonwealth, and not otherwise directed by the act passed in the present session, entitled "An act for instituting a board of property, and for other purposes therein mentioned," shall be executed by the governor of this commonwealth; and that every of the laws relative to the duties first herein before mentioned, shall be, and they are hereby so far forth, and nofurther, repealed and made void: Provided nevertheless, That this act shall continue in force until the end of the present session of the General Assembly, and no longer." Your committee are fully apprized, that some of our state politicians are disposed to give the most liberal and extensive construction to delegated powers, that the words of the constitution will possibly bear; while they construe in the most scrupulous and limited manner, So tenacious was that legislature of the rights of the those powers which are reserved by the people, or people; so well did they know that the constitution had (which is the same thing.) the powers that they have not vested the powers which had been formerly exernot delegated. The anxiety with which some people cised by the executive authority in the governor; and labor in this cause, is much easier seen, than accounted so well were they convinced of the propriety of vesting for. Will they in this case attempt to say, that the them elswhere, as soon as the legislature should "have governor was ignorant of the extent of those provisions leisure to enumerate and define the executive powers of the constitution, which had vested the powers that with more precision," that when legislating on this subhad been formerly exercised by the executive authori-ject, "to answer the immediate pressing exigencies," ty, in the governor? Will it be said by them, that the they only vested those powers in the governor to the governor in this case, was unadvisedly calling on the le- end of that session. But it appears that the legislature gislature to provide by law for the exercise of powers, did not at that session, obtain "leisure to enumerate that had been previously provided for by the constitu- and define the executive powers;" therefore, on the tion? Charges of this kind may be made, but among thirteenth day of April, 1791, (in the same session) a law persons free from bias, and being acquainted (as most was passed, similar in substance, and varying but little Pennsylvanians are) with the accuracy of his discern-in form, by which act, the powers that had been forinerment-the soundness of his judgment-the indepen-ly vested in the supreme executive council, were vestdence of his sentiment, and the extent of his political information, they will fall lifeless to the ground, as fast as they can be uttered. ed in the governor, "until the end of the next session of the general assembly, and no longer." This tempo. rary law was continued in force, by temporary extensions, until the 22d day of April, 1794, at which time it was re-enacted without limit or duration of time, as almost every other law is. The character of governor Mifflin stands too high to be tarnished by an allegation, that in the year 1790, he was unacquainted with his duties as governor of the commonwealth-that he was ignorant of the powers which had been vested in the executive by the constitution, which instrument he had so shortly before, not only assisted in the formation of, but also, was president of the convention, who had conceived, moulded and giv-stitution, still remained with the people to be disposed en to it their final finish. The above fact shews most clearly and conclusively, that the general assembly in each of the sessions referred to, were fully confident, that the powers which had not been expressly vested in the governor, by the con of, and regulated by law, in such manner as prudence and experience should dictate. Any other conclusion would be a direct charge of the grossest ignorance of the provisions of the constitution, in the legislature of 1790-91 and those who annually succeeded them, up to the session of 1793-94 inclusive; as well as in the governor, who had in his message called the attention of the legislature to the necessity of providing by law, for the exercise of the powers which had formerly been vested in the executive authority, and which had not been pro A committee was immediately appointed, to arrange the subject matter of the governor's message, from which the above quotations have been taken, and on the 30th day of the same month made report. In detailng the subject matter of the address that required the immediate attention of the legislature, the report says: "That part of the address which enumerates the powers formerly vested in the president and supreme executive council, and which now cease to be operative, your committee conceive ought to be referred to a com-vided for by the constitution. mittee to bring in a bill for the purpose of transferring A charge of this kind your committee are not preparthose powers generally to the governor, until the ended to make, nor do they believe (when it is recollected, of the present session, in order to answer the immediately pressing exigencies, until the legislature shall have leisure to enumerate and define the executive powers with more precision." A committee for this purpose was accordingly appointed, a bill reported, and became a law, by receiving the signature of the governor on the 14th day of January following, which law is in the words following, viz: "An act for transferring certain powers exercised by the late president and supreme executive council, to the governor of this commonwealth." SECT. 1. Whereas by the present constitution of this commonwealth, the executive powers of government are vested in the governor, and it is proper and necessary, that such laws as directed any duties to be performed by the former executive authority of this state, should be made conformable to the new organization of the powers of government. that besides the fourteen members who had assisted in framing the constitution, there were many others, of eminent talents and well versed in political and legal knowledge,) that any informed persons will have the hardihood to charge those different assemblies with being ignorant of the constitution, and of doing a work, year after year, of supererogation. William Bingham, was speaker of the House of Representatives, at the passage of the first law, and Richard Peters, speaker of the Senate. Richard Peter's natural talents, his literary acquirements and his legal knowledge, have procured for him the confidence of the Union, and the situation of a Judge of the United States Court, for the eastern district of Pennsylvania: in the discharge of which duties, he has reflected much honor on himself, and great credit on the bench. Many others who served in these sessions, have richly merited the mitted to state, what is the undeniable fact, viz. that the officers in the appointment of the governor, who are removable at his pleasure, (agreeably to the construction given to the constitution, by the advocates of executive patronage,) are in the annual receipt of thousand dollars. highest encomiums; but your committee forbear to say tempt, nor is it necessary to draw a fancifullfigure, any thing further on this point. or give an exaggerated view of the extent of execThe opinions of Jarerd Ingersoll, Alexander J. Dal-utive patronage; but they hope that they may be perlas and Thomas Elder, Esqrs. on the subject of appointments to, and removal from office, remain to be examined. The two former gentlemen have argued the case at some length, and although they do not positively say, that the exercise of all power not specially provided for by the constitution, is, by the nature of our system of state government, constructively vested in the executive; yet from the manner in which they have discussed the subject it would appear that such were their views of the constitution. This view of the subject would be indisputably correct, provided, the natural original power of appointing all officers was inherent in the governor; for this plain reason, that wherever right or power is naturally inherently vested, it must and does naturally remain, until it has been voluntarily divested, by him or them in whom it was originally and naturally vested. The basis of all republicanism is, that all power is inherent in the people, and consequently remains in them, until they, by their free and voluntary act do delegate their power to some person or persons to be exercised for their use and benefit. That the people have delegated their power, must be clearly and unequivocally shown by those who claim the possession of them, before they can be justified in the exercise thereof, by the friends of freedom. Again, these two gentlemen lay it down as a political maxim, that the power to remove, is a necessary incident to the power to appoint. In this opinion also, your committee beg leave to differ from the learned gentlemen, as well as from all others who attempt to support this doctrine. From what has already been said, it will be seen, that whatever powers of appointing to office, the governor may be vested with, have been delegated to him by the people, or by their immediate agents, to be exercised, not for his, but for their benefit: to discharge the duties of this delegation is not a matter of personal choice, but a matter of official duty, therefore ministerial. But to remove at pleasure, is the height of despotic tyranny-the two principles are as opposite as the poles, and can no more be incorporated into the same political principles, than the most bitter, abject tyranny, can with the purest and most rational unrestrained political freedom. What would the people say-What would the legis lature think-were the friends of executive patronage, to propose to give the governor the annual sum of thousand dollars to secure his popularity with? Would they not all revolt at the idea? Would it not be said with much propriety, that an artful, intrigueing governor, with that sum at command, for this purpose, might commit many acts of tyranny and oppression, and still have it in his power to stifle investigation, and continue his popularity, while he continues his office, by the liberal distribution of presents? Such suspicions would doubtless be abroad among the people, were it attempted to appropriate. Yet that sum, in money dis tributed for that purpose by donations, in the most advantageous manner, could not so effectually shield a person's character, or secure his popularity, as a politic distribution of the numerous offices in the gift of the governor, would do; because, every person who would receive a fee from the governor, to spread abroad and exaggerate his virtues, to conceal, deny and extenuate his vices, would be viewed, not only with suspicion, by the public, but with real contempt by all who knew the fact. The case is very different with officers who are appointed by the governor; instead of detracting from, it adds to their respectability; instead of lessening their influence, it gives it a more extensive range; instead of preventing them from, it enables them more ef fectually to support the character of the governor, to whom many of them are as completely devoted, as they possibly could be, were they paid by the year for their services. Your committee have spoken plainly and freely on this subject; because, under all the circumstances of the case, freedom and plainness appeared to them necessary but they do not wish to be understood as attaching blame to any particular person. The gigantic growth of executive patronage, can be easily and rationally account degree owing to the principles of our government, as The constitution provides only two methods of re-ed for without individual condemnation. It is in some moving civil officers-one by impeachment, the other, by address--the former of which depends entirely on the general assembly, and the latter so far as to form, agree to, and present the address to the governor, who may, or may not comply with the request therein contained. But, it is not any where in the constitution, recognized that the governor, may remove any officer at pleasure. The latter gentleman, "assured the committee, that he knows of no appointment to, or removal from office by any governor of Pennsylvania, since the adoption of the present constitution, which, in his opinion, was not constitutional." Your committee, how ever, cannot resist the idea, that this learned gentleman has in the formation of his opinion, adopted what they believe to be a very common course, viz. he has yielded his judgment, in this case, to the common prevailing opinion, without having strictly examined all the facts ne-al interest in an extensive executive patronage, than cessary, to a full understanding of the subject. Your committee, in this place, would merely observe, that the legislature so far from leisurely enumerating and defining the executive powers with more precision, (as was proposed by the first report made on the subject) have been extending the powers that were vested by the constitution, in such manner, that the executive department does at this time exercise a patronage to an extent, unknown in any other state of the union; and (as your committee verily believe they have clearly shown) inconsistent with the fundamental principles of our state government. Your committee will not at See Nos. 1, 2 and 3, attached to this report. the governor himself has; consequently the greatest possible range of construction is given to his powers.If this was only to happen once, during the continuance of the constitution, the danger to be apprehended would not be so great; but every new case produces a new cause for construction; and every new governor has a new set of advisers. In this way, executive patronage has been swelled and extended to the enormous size in which it now exists. Very different is the case with the legislature, many of whose members are elected to ef fect some particular local objects, which employ their whole attention, during the session, at the end of which, they return to their constituents perfectly satisfied with havingeffected the purposes for whichthey were elected. |