by the
regular appointment of another person to the same place.

But, Sir, whether the decision of 1789 were right or wrong, the bill
before us applies to the actually existing state of things. It
recognizes the President's power of removal, in express terms, as it has
been practically exercised, independently of the Senate. The present
bill does not disturb the power; but I wish it not to be understood that
the power is, even now, beyond the reach of legislation. I believe it to
be within the just power of Congress to reverse the decision of 1789,
and I mean to hold myself at liberty to act, hereafter, upon that
question, as I shall think the safety of the government and of the
Constitution may require. The present bill, however, proceeds upon the
admission that the power does at present exist. Its words are:--

"Sec. 3. _And be it further enacted_, That, in all nominations made by
the President to the Senate, to fill vacancies occasioned by the
exercise of the President's power to remove the said officers mentioned
in the second section of this act, the fact of the removal shall be
stated to the Senate, at the same time that the nomination is made, with
a statement of the reasons for which such officer may have been
removed."

In my opinion, this provision is entirely constitutional, and highly
expedient.

The regulation of the tenure of office is a common exercise of
legislative authority, and the power of Congress in this particular is
not at all restrained or limited by any thing contained in the
Constitution, except in regard to judicial officers. All the rest is
left to the ordinary discretion of the legislature. Congress may give to
offices which it creates (except those of judges) what duration it
pleases. When the office is created, and is to be filled, the President
is to nominate the candidate to fill it; but when he comes into the
office, he comes into it upon the conditions and restrictions which the
law may have attached to it. If Congress were to declare by law that the
Attorney-General, or the Secretary of State, should hold his office
during good behavior, I am not aware of any ground on which such a law
could be held unconstitutional. A provision of that kind in regard to
such officers might be unwise, but I do not perceive that it would
transcend the power of Congress.

If the Constitution had not prescribed the tenure of judicial office,
Congress might have thought it expedient to give the jud