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
It has been said by the Senator from Kentucky, that the President, by
removing the deposits from the Bank of the United States, united in his
own hands the power of the purse of the nation with that of the sword. I
think it is not difficult to answer this argument. What was to become of
the public money, in case it had been removed from the Bank of the
United States, under its charter, for the cause which the Senator
himself deems justifiable? Why, sir, it would then have been immediately
remitted to the guardianship of those laws under which it had been
protected before the Bank of the United States was called into
existence. Such was the present case. In regard to this point, no matter
whether the cause of removal were sufficient or not, the moment the
deposits were actually removed they became subject to the pre-existing
laws, and not to the arbitrary will of the President.
The Senator from Kentucky has contended that the President violated the
Constitution and the laws, by dismissing Mr. Duane from office because
he would not remove the deposits, and by appointing Mr. Taney to
accomplish this purpose. I shall not discuss at any length the power of
removal. It is now too late in the day to question it. That the
executive possesses this power was decided by the first Congress. It has
often since been discussed and decided in the same manner, and it has
been exercised by every President of the United States. The President is
bound by the Constitution to “take care that the laws be faithfully
executed.” If he cannot remove his executive officers, it is impossible
that he can perform this duty. Every inferior officer might set up for
himself; might violate the laws of the country, and put him at defiance,
whilst he would remain perfectly powerless. He could not arrest their
career. A foreign minister might be betraying and disgracing the nation
abroad, without any power to recall him until the next meeting of the
Senate. This construction of the Constitution involves so many dangers
and so many absurdities, that it could not be maintained for a moment,
even if there had not been a constant practice against it of almost half
a century.
Public-domain text, read in full here on John Shaqi.
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