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. GERRY.--The constitution provides for the appointment of the public
officers in this manner: The President shall nominate, and by and with
the advice and consent of the Senate, shall appoint ambassadors, other
public ministers and consuls, judges of the Supreme Court, and all other
officers of the United States, whose appointments are not herein
otherwise provided for, and which shall be established by law. Now, if
there be no other clause respecting the appointment, I shall be glad to
see how the heads of departments are to be removed by the President
alone. What clause is it that gives this power in express terms? I
believe there is none such. If there is a power of removal, besides that
by impeachment, it must vest somewhere. It must vest in the President,
or in the President and Senate, or in the President, Senate, and House
of Representatives. Now, there is no clause which expressly vests it in
the President. I believe no gentleman contends it is in this House,
because that would be that mingling of the executive and legislative
powers gentlemen deprecate. I presume, then, gentlemen will grant, that
if there is such a power, it vests with the President, by and with the
advice and consent of the Senate, who are the body that appoints. I
think we ought to be cautious how we step in between the President and
the Senate, to abridge the power of the one, or increase the other. If
the power of removal vests where I suppose, we, by this declaration,
undertake to transfer it to the President alone.
It has been mentioned, that it is proper to give this power to the
President, in order to make him more fully responsible for this officer.
I am for supporting the President to the utmost of my power, and making
him as responsible as possible. I would therefore vest every gift of
office, in the power of the Legislature, in the President alone; but I
cannot think we ought to attempt to give him authority to remove from
office, in cases where the constitution has placed it in other hands.
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