A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
That every person holding any civil office to which he has been
appointed, by and with the advice and consent of the Senate, and every
person who shall hereafter be appointed to any such office and shall
become duly qualified to act therein, is and shall be entitled
to hold such office until a successor shall have been appointed
by the President, with the advice and consent of the Senate, and duly
qualified; and that the Secretaries of State, of the Treasury, of War,
of the Navy, and of the Interior, the Postmaster-General, and the
Attorney-General shall hold their offices respectively for and during
the term of the President by whom they may have been appointed and for
one month thereafter, subject to removal by and with the advice and
consent of the Senate.
These provisions are qualified by a reservation in the fourth section,
"that nothing contained in the bill shall be construed to extend the
term of any office the duration of which is limited by law." In effect
the bill provides that the President shall not remove from their places
any of the civil officers whose terms of service are not limited by law
without the advice and consent of the Senate of the United States. The
bill in this respect conflicts, in my judgment, with the Constitution
of the United States. The question, as Congress is well aware, is by no
means a new one. That the power of removal is constitutionally vested
in the President of the United States is a principle which has been not
more distinctly declared by judicial authority and judicial commentators
than it has been uniformly practiced upon by the legislative and
executive departments of the Government. The question arose in the House
of Representatives so early as the 16th of June, 1789, on the bill for
establishing an Executive Department denominated "the Department of
Foreign Affairs." The first clause of the bill, after recapitulating
the functions of that officer and defining his duties, had these words:
"To be removable from office by the President of the United States."
It was moved to strike out these words and the motion was sustained
with great ability and vigor. It was insisted that the President could
not constitutionally exercise the power of removal exclusively of the
Senate; that the Federalist so interpreted the Constitution when arguing
for its adoption by the several States; that the Constitution had
nowhere given the President power of removal, either expressly or by
strong implication, but, on the contrary, had distinctly provided for
removals from office by impeachment only.
Public-domain text, read in full here on John Shaqi.
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