Those insisting upon retaining in the bill the clause permitting
removal by the President alone, claimed that such legislation would
remove all doubt on the subject, though they asserted that the absolute
investiture of all executive power in the President, reinforced by
the constitutional command that he should take care that the laws be
faithfully executed, justified their position that the power already
existed, especially in the absence of any adverse expression in the
Constitution. They also insisted that the removal of subordinate
officers was an act so executive in its character, and so intimately
related to the faithful execution of the laws, that it was clearly
among the President’s constitutional prerogatives, and that if it was
not sufficiently declared in the Constitution, the omission should be
supplied by the legislation proposed.
In support of these positions it was said that the participation of the
Senate in the removal of executive officers would be a dangerous step
toward breaking down the partitions between the different departments
of the Government which had been carefully erected, and were regarded
by every statesman of that time as absolutely essential to our national
existence; and stress was laid upon the unhappy condition that would
arise in case a removal desired by the President should be refused
by the Senate, and he thus should be left, still charged with the
responsibility of the faithful execution of the laws, while deprived
of the loyalty and constancy of his subordinates and assistants, who,
if resentful of his efforts for their removal, would lack devotion
to his work, and who, having learned to rely upon another branch
of the Government for their retention, would be invited to defiant
insubordination.
At the time of this discussion the proceedings of the Senate took
place behind closed doors, and its debates were not published, but its
determinations upon such questions as came before it were made public.
The proceedings of the other branch of the Congress, however, were
open, and we are permitted through their publication to follow the very
interesting discussion of the question referred to in the House of
Representatives.
The membership of that body included a number of those who had been
members of the Constitutional Convention, and who, fresh from its
deliberations, were necessarily somewhat familiar with its purposes and
intent. Mr. Madison was there, who had as much to do as any other man
with the inauguration of the convention and its successful conclusion.
He was not only especially prominent in its deliberations, but
increased his familiarity with its pervading spirit and disposition by
keeping a careful record of its proceedings. In speaking of his reasons
for keeping this record he says:
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