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
If the power contended for were vested in the Senate, what would be the
consequences? Still more dangerous, if possible, than any which I have
yet depicted. The cases in which removals are necessary, must rapidly
increase with the number of our officers and our rapidly extending
population. If the President must assign reasons to the Senate for his
removals, according to the provisions of this bill, or if the Senate
must participate in these removals, as well as in appointments, it
necessarily follows, that these reasons must be investigated. Witnesses
must be examined to ascertain the truth or falsehood of the charges made
against the officer sought to be removed. The case must be tried
judicially. Time must be consumed to the prejudice of our other duties.
The legislative functions of the Senate must thus become impaired, and
feelings excited between co-ordinate branches of the Government
calculated to produce a most injurious effect upon the country. In this
state of things, the case might readily occur which was anticipated by
Mr. Madison in 1789. A majority of the Senate might even keep one of the
heads of department in office against the will of the President. Whether
they would have done so or not last winter, in the case of the Secretary
of the Treasury, I shall not pretend to determine.
If this power were conferred upon the Senate, it would interfere with
our judicial functions to a dangerous and alarming extent. The removal
of a high officer of the Government is recommended by the President to
the Senate, because of official misconduct. The charges are tried before
the Senate. From the very nature of the question it must become in fact
a judicial investigation. The Senate determine either that he shall
remain in his office or that he shall be removed. In either case, the
House of Representatives, possessing the sole power of impeachment under
the Constitution, determine to exercise it against this officer. But the
Senate have, by their previous proceedings, utterly disqualified
themselves from giving to the accused an impartial trial. They have
already decided upon his guilt or his innocence. Instead of proceeding
to the trial, unbiased by favor or by prejudice, their minds are
inflamed, their judgments are biased, and they come to the investigation
with the feelings of partisans, rather than those of judges. The House
of Representatives would have a just right to complain loudly against
the exercise of this power by the Senate. We should thus disqualify
ourselves from judging impartially in cases between the people of the
United States and the high officers of the Government.
Public-domain text, read in full here on John Shaqi.
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