Presidents -- United States -- Messages; United States -- Politics and government -- Sources
laws faithfully executed, and that it disables him most especially from
enforcing that rigid accountability which is necessary to the due
execution of the revenue laws.
The Constitution invests the President with authority to decide whether
a removal should be made in any given case; the act of Congress
declares in substance that he shall only accuse such as he supposes to
be unworthy of their trust. The Constitution makes him sole judge in
the premises, but the statute takes away his jurisdiction, transfers it
to the Senate, and leaves him nothing but the odious and sometimes
impracticable duty of becoming a prosecutor. The prosecution is to be
conducted before a tribunal whose members are not, like him,
responsible to the whole people, but to separate constituent bodies,
and who may hear his accusation with great disfavor. The Senate is
absolutely without any known standard of decision applicable to such a
case. Its judgment can not be anticipated, for it is not governed by
any rule. The law does not define what shall be deemed good cause for
removal. It is impossible even to conjecture what may or may not be so
considered by the Senate. The nature of the subject forbids clear
proof. If the charge be incapacity, what evidence will support it?
Fidelity to the Constitution may be understood or misunderstood in a
thousand different ways, and by violent party men, in violent party
times, unfaithfulness to the Constitution may even come to be
considered meritorious. If the officer be accused of dishonesty, how
shall it be made out? Will it be inferred from acts unconnected with
public duty, from private history, or from general reputation, or must
the President await the commission of an actual misdemeanor in office?
Shall he in the meantime risk the character and interest of the nation
in the hands of men to whom he can not give his confidence? Must he
forbear his complaint until the mischief is done and can not be
prevented? If his zeal in the public service should impel him to
anticipate the overt act, must he move at the peril of being tried
himself for the offense of slandering his subordinate? In the present
circumstances of the country someone must be held responsible for
official delinquency of every kind. It is extremely difficult to say
where that responsibility should be thrown if it be not left where it
has been placed by the Constitution. But all just men will admit that
the President ought to be entirely relieved from such responsibility if
he can not meet it by reason of restrictions placed by law upon his
action.
Public-domain text, read in full here on John Shaqi.
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