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 House has determined to make a declaration of their construction of
the constitution. I am perfectly in sentiment with the majority on this
occasion; and contend, that if this power is not in the President, it is
not vested in any body whatever. It cannot be within the legislative
power of the Senate, because it is of an adverse nature; it cannot be
within the executive power of the Senate, because they possess none but
what is expressly granted by the constitution. If gentlemen will point
out where the constitution confers this power upon the Senate, I will
read my recantation, and subscribe to the justness of their doctrine.
I am not satisfied that removability shall be acquired only by
impeachment. Were the advocates of this doctrine aware of its
consequences, when they advanced it? The Senate has the sole power of
trying impeachments; the President is here out of the question. If no
officer can be constitutionally removed but by impeachment, it applies
to subordinate officers as well as heads of departments. For the
constitution only gives power to Congress to establish officers by law,
and vests the appointment in the President. If these officers are not
removable but by impeachment, what is to become of our affairs, when any
of the accidents occur which were enumerated by the gentleman from
Massachusetts (Mr. SEDGWICK)? Are we to take the circuitous route of
impeachment? The dilatory and inefficient process by that mode, will not
apply the remedy to the evil till it is too late to be of advantage.
Experience has fixed an eternal stigma upon the system of impeachment;
witness the case I mentioned, the other day, of Warren Hastings before
the British Lords; what delays and uncertainty with the forms of trial,
details of evidence, arguments of counsel, and deliberate decision! I
ask gentlemen, can there be a greater evil than this in any Government?
Why, then, will gentlemen advocate a doctrine so obnoxious to the
principles of the constitution, when a more favorable construction is at
hand?
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