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
I believe, Mr. Chairman, this question depends upon a just construction
of a short clause in the constitution. "The President shall have power,
by and with the advice and consent of the Senate, to appoint
ambassadors, other public ministers and consuls, judges of Supreme
Court, and all other officers of the United States." Here is no
difference with respect to the power of the President to make treaties
and appoint officers, only it requires in the one case a larger majority
to concur than in the other. I will not by any means suppose that
gentlemen mean, when they argue in favor of removal by the President
alone, to contemplate the extension of the power to the repeal of
treaties; because, if they do, there will be little occasion for us to
sit here. But let me ask these gentlemen, as there is no real or
imaginary distinction between the appointment of ambassadors and
ministers, or Secretaries of Foreign Affairs, whether they mean that the
President should have the power of recalling or discarding ambassadors
and military officers, for the words in the constitution are "all other
officers," as well as he can remove your Secretary of Foreign Affairs.
To be sure, they cannot extend it to the judges; because they are
secured under a subsequent article, which declares they shall hold their
offices during good behavior; they have an inheritance which they cannot
be divested of, but on conviction of some crime. But I presume gentlemen
mean to apply it to all those who have not an inheritance in their
offices. In this case, it takes the whole power of the President and
Senate to create an officer, but half the power can uncreate him. Surely
a law passed by the whole Legislature cannot be repealed by one branch
of it; so I conceive, in the case of appointments, it requires the same
force to supersede an officer as to put him in office.
I acknowledge, that the clause relative to impeachment is for the
benefit of the people; it is intended to enable their representatives to
bring a bad officer to justice who is screened by the President; but I
do not conceive, with the honorable gentleman from South Carolina, (Mr.
SMITH,) that it by any means excludes the usual ways of superseding
officers. It is said in the constitution, that the House shall have the
power of choosing their own officers. We have chosen a clerk, and, I am
satisfied, a very capable one; but will any gentleman contend we may not
discharge him and choose another and another as often as we see cause?
And so it is in every other instance; where they have the power to make,
they have likewise the power to unmake. It will be said by gentlemen,
that the power to make does not imply the power of unmaking; but I
believe they will find very few exceptions in the United States.
Public-domain text, read in full here on John Shaqi.
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