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
But it will, I say, be admitted, that an officer may be removed. The
question then is, by whom? Some gentlemen say by the President alone;
and others, by the President, by and with the advice of the Senate. By
the advocates of the latter mode, it is alleged, that the constitution
is in the way of the power of removal being by the President alone. If
this is absolutely the case, there is an end to all further inquiry. But
before we suffer this to be considered as an insuperable impediment, we
ought to be clear that the constitution prohibits him the exercise of
what, on a first view, appears to be a power incident to the executive
branch of the Government. The gentleman from Virginia (Mr. MADISON) has
made so many observations to evince the constitutionality of the clause,
that it is unnecessary to go over the ground again. I shall therefore
confine myself to answer only some remarks made by the gentleman from
South Carolina, (Mr. SMITH.) The powers of the President are defined in
the constitution; but it is said, that he is not expressly authorized to
remove from office. If the constitution is silent also with respect to
the Senate, the argument may be retorted. If this silence proves that
the power cannot be exercised by the President, it certainly proves that
it cannot be exercised by the President, by and with the advice and
consent of the Senate. The power of removal is incident to Government;
but not being distributed by the constitution, it will come before the
Legislature, and, like every other omitted case, must be supplied by
law.
Mr. LIVERMORE.--I am for striking out this clause, Mr. Chairman, upon
the principles of the constitution, from which we are not at liberty to
deviate. The honorable gentleman from Massachusetts, (Mr. SEDGWICK,)
calls the Minister of Foreign Affairs the creature of the law, and that
very properly; because the law establishes the office, and has the power
of creating him in what shape the Legislature pleases. This being the
case, we have a right to create the office under such limitations and
restrictions as we think proper, provided we can obtain the consent of
the Senate; but it is very improper to draw as a conclusion, from having
the power of giving birth to a creature, that we should therefore bring
forth a monster, merely to show we had such power. I call that creature
a monster that has not the proper limbs and features of its species. I
think the creature we are forming is unnatural in its proportions. It
has been often said, that the constitution declares the President, by
and with the advice and consent of the Senate, shall appoint this
officer. This, to be sure, is very true, and so is the conclusion which
an honorable gentleman (Mr. WHITE) from Virginia drew from it, that an
officer must be discharged in the way he was appointed.
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