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. BENSON.--If we refer to the constitution for light on this subject,
it will appear evident that the objection is not well founded. The
objection is this, that an officer ought not to be removed but by
impeachment; then every officer is appointed during good behavior. Now,
the constitution expressly declares, that the Judges, both of the
Supreme and Inferior Courts, shall hold their offices during good
behavior. If it is declared, that they are to hold their offices by this
particular tenure, it follows that the other officers of the Government
should hold them only at pleasure. He thought this an important
question, and one in which they were obliged to take the constitution by
construction. For although it detailed the mode of appointing to office,
it was not explicit as to the supersedure; this clause, therefore, would
be a mere declaration of the legislative construction on this point. He
thought the importance and necessity of making the declaration, that the
Chief Magistrate might supersede any civil officer was evident, and he
should therefore vote in favor of the clause as it stood.
Mr. VINING said, there were no negative words in the constitution to
preclude the President from the exercise of this power; but there was a
strong presumption that he was invested with it: because it was
declared, that all executive power should be vested in him, except in
cases where it is otherwise qualified; as, for example, he could not
fully exercise his executive power in making treaties, unless with the
advice and consent of the Senate--the same in appointing to office.
He viewed the power of removal, by impeachment, as a supplementary
security to the people against the continuance of improper persons in
office; but it did not consist with the nature of things, that this
should be the only mode of removal; it was attended with circumstances
that would render it insufficient to secure the public safety, which was
a primary object in every Government. Witness a transatlantic instance
of its incompetency--he meant the famous case of Mr. Hastings. With what
difficulty was that prosecution carried on! What a length of time did it
take to determine! What is to be done while the impeachment is
depending? For, according to the ideas of the gentleman from South
Carolina, (Mr. SMITH,) he cannot be removed but on conviction. If he
cannot be removed, I should suppose he cannot be suspended; and what
security have the people against the machinations of a bad man in
office? He had no doubt but the constitution gave this power to the
President; but if doubts were entertained, he thought it prudent to
make a legislative declaration of the sentiments of Congress on this
point. He was therefore in favor of the clause.
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