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. LIVERMORE considered this as a constitutional question, and was of
opinion, that the same power which appointed an officer, had the right
of removal also, unless it was restrained by an express declaration to
the contrary. As the President, by and with the advice and consent of
the Senate, is empowered to appoint ambassadors, certainly they have a
right to remove them and appoint others. In the case of the judges, they
must be appointed for life, or during good behavior. He had no idea,
that it could ever enter into the heart of any man living, that all
officers appointed under the constitution were to have a perpetuity in
office. The judges themselves would not have had this right, if it had
not been expressly given by the constitution, but would be removable in
like manner with ambassadors, other public ministers, and consuls. He
took it, therefore, in the present case, that the President and the
Senate would have the power of removing the Secretary of Foreign
Affairs. The only question, therefore, which appears to be before the
committee is, whether we shall give this power to the President alone?
And with that he thought they had nothing to do. He supposed, if the
clause was left out, the President and the Senate would proceed, as
directed by the constitution, to appoint the officer; and hereafter, if
they judged it necessary, would remove him; but if they neglected to do
so, when it was necessary, by reason of his misdemeanors, this House
would impeach him, and so get rid of him on conviction.
Mr. BLAND.--It seems to be agreed on all hands, that there does exist a
power of removal; the contrary doctrine would be a solecism in
Government. If an officer embezzles the public money, or neglects or
refuses to do the duties of his appointment, can it be supposed there is
no way of getting rid of such a person? He was certain it was
essentially necessary such a power should be lodged somewhere, or it
would be impossible to carry the Government into execution. Their
inquiries were therefore reduced to this point: Does it reside,
agreeably to the constitution, in the President, or in the President and
the Senate? The constitution declares, that the President and the Senate
shall appoint, and it naturally follows, that the power which appoints
shall remove also. What would be the consequence of the removal by the
President alone, he had already mentioned, and need not repeat. A new
President might, by turning out the great officers, bring about a change
of the ministry, and throw the affairs of the Union into disorder: would
not this, in fact, make the President a monarch, and give him absolute
power over all the great departments of Government? It signifies nothing
that the Senate have a check over the appointment, because he can
remove, and tire out the good disposition of the Senate.
Public-domain text, read in full here on John Shaqi.
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