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
Mr. MADISON did not concur with the gentleman in his interpretation of
the constitution. What, said he, would be the consequence of such
construction? It would in effect establish every officer of the
Government on the firm tenure of good behavior; not the heads of
departments only, but all the inferior officers of those departments,
would hold their offices during good behavior, and that to be judged of
by one branch of the Legislature only on the impeachment of the other.
If the constitution means this by its declarations to be the case, we
must submit; but I should lament it as a fatal error interwoven in the
system, and one that would ultimately prove its destruction. I think the
inference would not arise from a fair construction of the words of that
instrument.
It is very possible that an officer who may not incur the displeasure of
the President, may be guilty of actions that ought to forfeit his place.
The power of this House may reach him by the means of an impeachment,
and he may be removed even against the will of the President; so that
the declaration in the constitution was intended as a supplemental
security for the good behavior of the public officers. It is possible
the case I have stated may happen. Indeed, it may, perhaps, on some
occasion, be found necessary to impeach the President himself; surely,
therefore, it may happen to a subordinate officer, whose bad actions may
be connived at or overlooked by the President. Hence the people have an
additional security in this constitutional provision.
I think it absolutely necessary that the President should have the
power of removing from office; it will make him, in a peculiar manner,
responsible for their conduct, and subject him to impeachment himself,
if he suffers them to perpetrate with impunity high crimes or
misdemeanors against the United States, or neglects to superintend their
conduct, so as to check their excesses. On the constitutionality of the
declaration I have no manner of doubt.
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