Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
And the committee agreed to the establishment of the Department of
Foreign Affairs, and placing at the head thereof an officer to be called
the Secretary of Foreign Affairs; but when they came to the mode of
appointing the officer,
Mr. SMITH (of South Carolina) moved to strike out the words "who shall
be appointed by the President, by and with the advice and consent of the
Senate." He conceived the words to be unnecessary; besides, it looked as
if they were conferring power, which was not the case, for the
constitution had expressly given the power of appointment in the words
there used. He also objected to the subsequent part of this paragraph,
because it declared the President alone to have the power of removal.
Mr. PAGE saw no impropriety in passing an act to carry into execution
the views of the constitution, and therefore had no objection to repeat
those words in the resolution. He thought if the committee stopped
there, they would be under no difficulty respecting the propriety of
their measure, but if they went further they might meet with
considerable embarrassment.
Mr. MADISON remarked, that as there was a discretionary power in the
Legislature to give the privilege to the President alone of appointing
inferior officers, there could be no injury in declaring in the
resolution the constitutional mode of appointing the heads of
departments; however, if gentlemen were uneasy, he would not object to
strike it out.
Mr. LEE thought this officer was an inferior officer; the President was
the great and responsible officer of the Government; this was only to
aid him in performing his executive duties; hence he conceived the power
of appointing to be in the gift of the Legislature, and therefore the
words were proper.
Mr. SMITH (of South Carolina.)--This officer is at the head of a
department, and one of those who are to advise the President; the
inferior officers mentioned in the constitution are clerks and other
subordinate persons. The words are only a repetition of the words in the
constitution, and are consequently superfluous.
The question was taken on striking out those words, and carried in the
affirmative.
The committee proceeded to the discussion of the power of the President
to remove this officer.
Mr. SMITH said, he had doubts whether the officer could be removed by
the President. He apprehended he could only be removed by an impeachment
before the Senate, and that, being once in office, he must remain there
until convicted upon impeachment. He wished gentlemen would consider
this point well before they decided it.
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