Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-21
GOYfGsIRS SIOTrAMe
THE DEBATE IN THE SENATE.
FEBRUARY 30. 1890
SPEECH OF MIR. LIVINGSTON
NoNrGNUE I'D

is admitted TO possess from Legitimate constitutional
source, and that this gives to him without any other
Limitation than that OF his responsibility we must
inquire from whence the Senate derives the control
with which they are, gratuously, think invested by
the argument. They may call on the President for the
reasons OF the removal; aud if they have the right the
obligation 10 comply with follows Of course. Blu, in
what part OF the Constitution is this rgh, given? lii,
not pretended that there is any express provision From
what part ia it a necessary inference? To the exc.
cu0n OF what power, vested in the Senate is il the
necessary means? Not TO the power of advising on the
fitness o! candidate proposed to fill The vacancv be.
cause the vacancy must be created before that advisory
POWER can be exercised, and the argument admits that
the President has the right create the vacancy bv
removal OF what power, then, ask vested in the
Senate, TINS the necessary appendagc1 Or where /.
it expressly given dis met power? If given neither
expressly, nor by implications il cannot exist
But for what purpose should it exist? What is the
advantage TO be derived from it that should make us so.
ci'ous to give construction that should admit il? Re
member in this inquiry the frs position which is assum
ed by the argument and which admit that the prcsi
dent Is inpeachabe for corrupt removal and rcncm
Der also That we are the Judges of fact and olaw
impeachment The power, then is one that makes ms
accu'ers as well judges and Judges who have pre-
determined the guilt OF the accused: for ii on the in
qurythe corruption appear, and make il the ground
oil refusing to confirm the Presidents nomination, do
we not PREJUDICE the question on tho Impeachment that
must fellow! This il an nsuprrabls objection which
the doctrine the Senator entirely overlooks in the al
to apply his remedy. And what's that remedy? One
surey wOrs, than the disease although that shout
have all the bad symptoms ascrhed to it, The evil com
planned OF IL, the removal Of good officer TO be re
placed by another good Observe sir that grant the
| fact in dispute. l admit for the sake of showing the
weakness OF the argument, that all the removals have
been OF men well qualified for their off ,es and all
ask in return is similar admission tina, the Senate fo
whose powers they con end, will consent TO nomina
ton OF person not qualified. This is the evil WhA
Is the remedy' Ii contained in the Senator's la. 20
sitinn, that if the President refuse to give his reasons
or the Senate not satisfied with them they may re
fuse to confirm Lis nominations and suffer the appoint
inent 'e expire by i;s imi alton, at ha end OF the
sion: and then IT tn ornion OF the Senator that the
ONCE can no longer be filed; because, according hi
reasoning, il il not that accIues during the recess
This IL his remcdy for this YOU are 10 suppose mower
mat are no where given. For his admirable result yo,
are 10 strain the construction OF the Constitution until
II breaks. For this you add The accusing 10 your
Judicial power For this you are TO leave the laws I'm.
executed and dsioint The whole machinery OF Govern.
Inent No matter whether the offices be filled are
the Commanders of your Army the Captsins OF vour
teet in time OF war, or tn. Heads OF Dsplrtmont- or
COLLECTORS OF Revenue, or Marha's to execute the de-.
crec' OF yonT courts in time Of peace all must rem lin
vacant This is The remedy Apply it in the presen
case number OF removals in every Dep rtn emit Ina,
been made Suppose he Senate should have .ksA for
the causes, and the President, as he most rralabv
would should have declined to cornply witt, the request
what would have foowed3 All sur diplomatic r., ,tiors
wonld have at cnce ceased: for all Inc Ministers appoint
eI IN the recess would cease their functions at the end
/ OF the session The revenue in some OF largest
ports wosld be uncollected The administration Of ms
ce in most OF the districts would be stopped for want
District Attorneys and MarshaIs This is the remedy
''"''' EN''..''NO IA any case
but certainly much aggravated iE all.
But suppose this right in the Senate TO call for the
causes OF removal, and Acknowledgement by the Prss
dent oil an obligation to comply. He sends his rea-
sons AMI in one case they that he has no confidence
in the man he has dismissed. Confidence can not be
eommanded 1t is the result OF observation on charace5
and conducts on thousand indescrbable impressions
But majority Of the Senate say we have conf Ience in
him What's to be the resulH Il he 10 be restored 10
officer No one pre'enls it. What then? The grand
remedy TO punish the President for his want OF conf.
dence in officer whom he has not appointed il to
adopt the plan of TIE Senator from .aware and leave
the office vacant. The whole reasoning on the general
question of the right of the Senate participate in re
noVals, applies with the ts power of in
quirng into the of removals both are grauitousv
assumed in argumen both destitute OF either ex.
press or implied authority in the Cons tuition; but lead
TO absurd consequences and TO mpracticabe results;
rninOus, ii they were practicable.
/ But deny that the remedy proposed (ruinous and
extraordinary as it s) could be applied. The Offices
wonli not IN my opinion, remain vacant. The Prcsi.
dent would have right to I'll them, and would c. r. ain
y exercise that rights the expressions used in the Con-
st'ution are general he shall have right "fl all
vacancies That mny happen during the recess of the
senate Now, sir, ia The case supposed the vacancy
arises when the commission cXpires-when is thaH Al
the end Of the session When is the end Of s sson?
Certainly not before the beginning of the recess: not
any moment while The session continues An o0i.
cial act done at the last instant Of the session. would
he well done The vacancy then happens at the first
instant OF the recess; but the Constitution makes no
distinction whatever; whether at the first moment or
the last day, is immateiaI. when use til. argument
ain tree to admit that do think the trainers of tho
Constitution did intend to oyie for exirao.dinary
case as That which the ingenuity Of the Senator from
Delaware has imagined of the Senate rejecting aft The
! nominations e the President, succesziveIv bcronse
they might he dissati fed with removal Bat de
words OF The Con ttuon permit the exercise of bis
powers TO hi all vacancies whenever thew should Or
cur-Wi'h the advice of the Senate if i'm sassor. viii
our IT. ny temporary appointment, when te are not
The exercise OF the raordnary aud destructive power
contended for, never certainly entered into their minds
was eh Tor The ingenuity OF times 10 discover
But II has been said that this power is liable to abuse
ihc President may remove from caprice prejudice or
q worse motive. No doubt, sir he mlv ne NAV 10
abuse Of the treatymaknC power; he may cause your
l3rthcaons 10 he dismanted and your army 10 be de
persed IN time OF war; he may destroy your revenue
ny the appointment OF corrupt men in The management
OF ue treasury: but what argument can he drawn from
this; hat he has not the constitutiOm powsr2 20,
ainly not BUTT the President might sbnse tho noy
err OF removal, may not the Senate abuse the control c
which IL attempted 10 invest them II he has enari
TO dpace, may they not have hiends L. keen o2 Ifbois
habo TO be aciuated by political 70 ngs are bodies cot
uen a. MS - at al times free from heir iuns ence2
ne President hos The power 10 remove iiis said a
uui only TOR just cause; hut who il 10 iudgs Of b,
u Just cause--nOt the senate, or il so The p,e,.r
would be theirs, not The Preslents: hs must binl,
be the Judge, or ese would be solccism IN saw IN
ne has The power; he must Judge and he muat acl 49,
nave s1l'' uncontrolled but by his possibility to
'he Avs Tor corrupt acts 70 his country for those ylrb
are nIscrcct or erroneous '"'"
ihi', Sir is my view Of The ConsiinG,n,I nov oil
nc President IN relation 10 remov,ls-a p,tyer i, ,,
view on H. vested solely in him, and fr The due cycr
ci.s OF which he must bear the sole responsibility
wiz not consent 10 divide with him. No terms gre,
sufficiently energetic for gentlemen to eypress , ~
appreciation Of the manner I'm which tbe proitti Us
exercised this power. As i is their only sYfi.ct 49,
exclamation and inyrciiye, 10 would bc cruel Il, Il ,t