Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
“The association of the Senate with the President in exercising that
particular function, is an exception to this general rule, and
exceptions to general rules, I conceive, are ever to be taken strictly.
But there is another part of the Constitution which inclines, in my
judgment, to favor the construction I put upon it; the President is
required to take care that the laws be faithfully executed. If the duty
to see the laws faithfully executed be required at the hands of the
Executive Magistrate, it would seem that it was generally intended he
should have that species of power which is necessary to accomplish that
end. Now, if the officer, when once appointed, is not to depend upon the
President for his official existence, but upon a distinct body, (for
where there are two negatives required, either can prevent the removal,)
I confess I do not see how the President can take care that the laws be
faithfully executed. It is true, by a circuitous operation, he may
obtain an impeachment, and even without this it is possible he may
obtain the concurrence of the Senate for the purpose of displacing an
officer; but would this give that species of control to the Executive
Magistrate which seems to be required by the Constitution? I own, if my
opinion was not contrary to that entertained by what I suppose to be the
minority on this question, I should be doubtful of being mistaken, when
I discovered how inconsistent that construction would make the
Constitution with itself. I can hardly bring myself to imagine the
wisdom of the convention who framed the Constitution contemplated such
incongruity.”
But, sir, if doubts could arise on the language of the Constitution
itself, then it would become proper, for the purpose of ascertaining the
true meaning of the instrument, to resort to arguments _ab
inconvenienti_. The framers of the Constitution never intended it to
mean what would defeat the very purposes which it was intended to
accomplish. I think I can prove that to deprive the President of the
power of removal would be fatal to the best interests of the country.
And first, the Senate cannot always be in session. I thank Heaven for
that. We must separate and attend to our ordinary business. It is
necessary for a healthy political constitution that we should breathe
the fresh and pure air of the country. The political excitement would
rise too high if it were not cooled off in this manner. The American
people never will consent, and never ought to consent, that our sessions
shall become perpetual. The framers of the Constitution never intended
that this should be the case. But once establish the principle that the
Senate must consent to removals, as well as to appointments, and this
consequence is inevitable.
Public-domain text, read in full here on John Shaqi.
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