The discussion developed the fact that from the first a decided
majority were of the opinion that the Executive should have power of
independent removal, whether already derived from the Constitution
or to be conferred by supplementary legislation. It will be recalled
that the debate arose upon the clause in a pending bill providing that
the officer therein named should “be removable by the President,”
and that some of the members of the House, holding that such power
of removal was plainly granted to the Constitution, insisted that it
would be useless and improper to assume to confer it by legislative
enactment. Though a motion to strike from the bill the clause objected
to had been negatived by a large majority, it was afterward proposed,
in deference to the opinions of those who suggested that the House
should go no further than to give a legislative construction to the
Constitution in favor of executive removal, that in lieu of the words
contained in the bill, indicating a grant of the power, there should
be inserted a provision for a new appointment in case of a vacancy
occurring in the following manner:
Whenever the said principal officer shall be removed from
office by the President of the United States, or in any other
case of vacancy.
This was universally acknowledged to be a distinct and unequivocal
declaration that, under the Constitution, the right of removal was
conferred upon the President; and those supporting that proposition
voted in favor of the change, which was adopted by a decisive majority.
The bill thus completed was sent to the Senate, where, if there was
opposition to it on the ground that it contained a provision in
derogation of senatorial right, it did not avail; for the bill was
passed by that body, though grudgingly, and, as has been disclosed,
only by the vote of the Vice-President, upon an equal division of the
Senate. It may not be amiss to mention, as adding significance to the
concurrence of the House and the Senate in the meaning and effect of
the clause pertaining to removal as embodied in this bill, that during
that same session two other bills creating the Treasury Department
and the War Department, containing precisely the same provision, were
passed by both Houses.
I hope I shall be deemed fully justified in detailing at some length
the circumstances that led up to a legislative construction of the
Constitution, as authoritative as any surroundings could possibly make
it, in favor of the constitutional right of the President to remove
Federal officials without the participation or interference of the
Senate.
Public-domain text, read in full here on John Shaqi.
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