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 conceive it was a proper construction of the
constitution to say, that there was no other mode of removing from
office than that by impeachment; he believed this, as applied to the
Judges, might be the case, but he could never imagine it extended in the
manner which gentlemen contended for. He believed they would not assert,
that any part of the constitution declared, that the only way to remove
should be by impeachment; the contrary might be inferred, because
Congress may establish offices by law; therefore, most certainly, it is
in the discretion of the Legislature to say upon what terms the office
shall be held, either during good behavior or during pleasure. Under
this construction, the principles of the constitution would be
reconcilable in every part; but under that of the gentleman from South
Carolina, it would be incongruous and faulty. He wondered how the
gentleman from Georgia (Mr. JACKSON) would reconcile his principles so
far as to permit the President to suspend the officer. He begged his
colleague (Mr. BLAND) to consider the inconvenience his doctrine would
occasion, by keeping the Senate constantly sitting, in order to give
their assent to the removal of an officer; they might see there would be
a constant probability of the Senate being called upon to exercise this
power, consequently they could not be a moment absent. Now, he did not
believe the constitution imposed any such duty upon them; why, then,
said he, shall we enjoin it, especially at such an expense of the public
treasure?
Mr. BOUDINOT would by no means infringe the constitution by any act of
his, for if he thought this motion would lead the committee beyond the
powers assigned to the Legislature, he would give it a decided negative;
but, on an impartial examination of that instrument, he could not see
the least foundation for such an objection; however, he was glad the
question had come forward, because he wished to give a legislative
construction to this part of the constitution.
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