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
But it is contended by the Senator that the Secretary of the Treasury is
a sort of independent power in the State, and is released from the
control of the executive. And why? Simply because he is directed by law
to make his annual report to Congress and not to the President. If this
position be correct, then it necessarily follows that the executive is
released from the obligation of taking care that the numerous and
important acts of Congress regulating the fiscal concerns of the country
shall be faithfully executed. The Secretary of the Treasury is thus made
independent of his control. What would be the position of this officer
under such a construction of the Constitution and laws, it would be very
difficult to decide. And this wonderful transformation of his character
has arisen from the mere circumstance that Congress have by law directed
him to make an annual report to them! No, sir; the executive is
responsible to Congress for the faithful execution of all the laws; and
if the present or any other President should prove faithless to his high
trust, the present Senate, notwithstanding all which has been said,
would be as ready as their predecessors to inflict condign punishment
upon him, in the mode pointed out by the Constitution.
I have now arrived at the great question of the constitutional power of
the Senate to adopt the resolution of March, 1834. It is my firm
conviction that the Senate possesses no such power; and it is now my
purpose to establish this position. The decision on this point must
depend upon a true answer to the question: Does this resolution contain
any impeachable charge against the President? If it does, I trust I
shall demonstrate that the Senate violated its constitutional duty in
proceeding to condemn him in this manner. I shall again read the
resolution:
“_Resolved_, That the President, in the late executive proceedings in
relation to the public revenue, has assumed upon himself authority and
power not conferred by the Constitution and laws, but in derogation of
both.”
This language is brief and comprehensive. It comes at once to the point.
It bears a striking impress of the character of the Senator from
Kentucky. Does it charge an impeachable offence against the President?
The fourth section of the second article of the Constitution declares
that the “President, Vice-President, and all civil officers of the
United States shall be removed from office on impeachment for, and
conviction of, treason, bribery, or other high crimes and misdemeanors.”
Public-domain text, read in full here on John Shaqi.
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