s, at pleasure,
till the next meeting of the Senate, according to the amendment
suggested by the honorable member from Kentucky; and, if the present
practice cannot be otherwise checked, this provision, in my opinion,
ought hereafter to be adopted. But I am content with the slightest
degree of restraint which may be sufficient to arrest the totally
unnecessary, unreasonable, and dangerous exercise of the power of
removal. I desire only, for the present at least, that, when the
President turns a man out of office, he should give his reasons for it
to the Senate, when he nominates another person to fill the place. Let
him give these reasons, and stand on them. If they are fair and honest,
he need have no fear in stating them. It is not to invite any trial; it
is not to give the removed officer an opportunity of defence; it is not
to excite controversy and debate; it is simply that the Senate, and
ultimately the public, may know the grounds of removal. I deem this
degree of regulation, at least, necessary; unless we are willing to
submit all these officers to an absolute and a perfectly irresponsible
removing power; a power which, as recently exercised, tends to turn the
whole body of public officers into partisans, dependants, favorites,
sycophants, and man-worshippers.
Mr. President, without pursuing the discussion further, I will detain
the Senate only while I recapitulate the opinions which I have
expressed; because I am far less desirous of influencing the judgment of
others, than of making clear the grounds of my own judgment.
I think, then, Sir, that the power of appointment naturally and
necessarily includes the power of removal where no limitation is
expressed, nor any tenure but that at will declared. The power of
appointment being conferred on the President _and Senate_, I think the
power of removal went along with it, and should have been regarded as a
part of it, and exercised by the same hands. I think, consequently, that
the decision of 1789, which _implied_ a power of removal separate from
the appointing power, was erroneous.
But I think the decision of 1789 has been established by practice, and
recognized by subsequent laws, as the settled construction of the
Constitution, and that it is our duty to act upon the case accordingly,
for the present; without admitting that Congress may not, hereafter, if
necessity shall require it, reverse the decision of 1789. I think the
legislature possesses the power
|