enure-of-office bill," which has almost destroyed official
accountability. The President may be thoroughly convinced that an
officer is incapable, dishonest, or unfaithful to the Constitution, but
under the law which I have named the utmost he can do is to complain to
the Senate and ask the privilege of supplying his place with a better
man. If the Senate be regarded as personally or politically hostile to
the President, it is natural, and not altogether unreasonable, for the
officer to expect that it will take his part as far as possible, restore
him to his place, and give him a triumph over his Executive superior.
The officer has other chances of impunity arising from accidental
defects of evidence, the mode of investigating it, and the secrecy of
the hearing. It is not wonderful that official malfeasance should become
bold in proportion as the delinquents learn to think themselves safe.
I am entirely persuaded that under such a rule the President can not
perform the great duty assigned to him of seeing the 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 th