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
The gentlemen who denied the power of the President to remove from
office, founded their opinion upon the fourth section of the second
article of the constitution, where it is declared, that all officers
shall be removed from office on impeachment for, and conviction of,
treason or bribery. If their construction is admissible, and no officer
whatever is to be removed in any other way than by impeachment, we shall
be in a deplorable situation indeed. Consider the extent of the United
States, and the difficulty of conducting a prosecution against an
officer, who, with the witnesses, resides a thousand miles from the seat
of Government. But suppose the officer should, by sickness, or some
other accident, be rendered incapable of performing the functions of the
office, must he be continued? And yet it is to be apprehended, that such
a disability would not furnish any good ground for impeachment; it could
not be laid as treason or bribery, nor perhaps as a high crime or
misdemeanor. Would gentlemen narrow the operation of the constitution in
this manner, and render it impossible to be executed?
Mr. WHITE thought no office under the Government was to be held during
pleasure, except those which are to be constituted by law; but all the
heads of departments are to be appointed by the President, by and with
the advice and consent of the Senate. He conceived that, in all cases,
the party who appointed ought to judge of the removal, except in those
cases which by the constitution are excepted; and in those cases
impeachment and conviction are the only mode by which they can be
removed.
Mr. THATCHER asked, why the Judges were particularly mentioned in the
constitution as holding their offices during good behavior, if it was
not supposed that, without this express declaration in their favor,
they, in common with all other officers not immediately chosen by the
State Legislatures and the people, would hold them during pleasure? The
clause respecting impeachments was particularly calculated for removing
unworthy officers of the other description. Holding this construction of
the constitution to be right, he was in favor of the clause as it stood.
Public-domain text, read in full here on John Shaqi.
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