Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
The debate in the first Congress was very long and very able. Every
argument which patriotism and ingenuity could suggest was exhausted. The
question was at length decided in the House of Representatives on the
22d June, 1789. On the yeas and nays, thirty voted in affirmance of the
President’s power of removal, and eighteen against it;—a large majority,
considering the comparatively small number of which the House was then
composed.
The question arose on the bill to establish the Department of Foreign
Affairs. It contained a clause declaring the Secretary of State “to be
removable from office by the President of the United States.” From this
clause it might have been inferred that the power of removal was
intended to be conferred upon the President by Congress, and not
acknowledged to exist in him under the Constitution. To remove every
difficulty,—to place doubt at defiance in all future time, the words “to
be removable from office by the President of the United States” were
stricken from the bill, and this right was expressly acknowledged to
exist independently of all legislation. By the second section of the
bill, which became a law on the 27th July, 1789, it is declared that
“the Chief Clerk in the Department of Foreign Affairs, _whenever the
principal officer shall be removed from office by the President of the
United States_, or in any other case of vacancy, shall, during such
vacancy, have the charge and custody of all records, books, and papers,
appertaining to the said Department.” Here then is a clear, strong,
distinct recognition by the House of Representatives of the President’s
power of removal, not by virtue of law, but under the Constitution. This
phraseology was carefully adopted for the purpose of putting this very
question at rest forever, so far as Congress could effect this purpose.
The bill, having passed the House of Representatives, was sent to the
Senate for their concurrence. The power of removal was there solemnly
considered. This was the very body which, according to the doctrine of
gentlemen, has a right to control this power; and yet they affirmed the
principle that it was vested in the President, and in him alone. It is
true that the question was determined by the casting vote of Mr.
Adams,—then the Vice-President: but the act was approved by General
Washington, and the power has ever since been exercised without dispute
by him and his successors in office, until after the election of the
present President. Washington, the elder Adams, Jefferson, Madison,
Monroe, and the younger Adams removed whom they pleased from office; but
after the accession of Jackson, the existence of this power is denied.
We are now required to believe that all which former Presidents have
done was wrong;—that the first Congress were entirely mistaken in their
construction of the Constitution:—and that the President does not
possess the power of removal except with the concurrence of the Senate.
Public-domain text, read in full here on John Shaqi.
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