Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-05-25
SPEECH OF MR.. HOLMES, OF MAINE.
IN SENATE UNITED STATES, AsnrL 90, 1880.

The resolutions offered by Mr.. HOLMES, calling
upon the President for the number uames &c. of of
ficers removed by him since the last Session of the
Senate, with the reasons for each removal being
under consideration
Mr. HOLMES addressed the Senate as follows:
Mr. PRESIDENT: 1t was, perhaps, fortunaAs for me
that the Senator from Illinois Mr.. Kane) snatched
the resolution of the Senator from Missouri fMr.
Barton) out OF my hands, and placed it beyond The
reach of debate. And although it was no mark OF
berality, and, at other periods, would have been
called by very different name, yet it has given Inc
opportunity discuss the question on a more ex-
tended scale. have been waiting for this opportu-
nifty mot for the edIcaton of the Senate but for the
instruction of the public) to give my views of the
power of the President to create vacancies and FIJI
them inthe recess OF the Senate, and to illustrate
my remarks by brief historical sket ch of the prac
tce of the Government since the adoption of the
Constitution Notwi outstanding the able arguments
of my friends from Delaware and Missouri, (Messrs.
Clayton and Barton,) and others who have touched
upon this topic, still the facts, in detail are ne
cossary for full understanding fthe subject. The
people want light and far as my feeble taper
will reflect 1t, they shall hare IL.
But, sir, / will come directly to the questions rails.
cd by the resolutions and my position is this-that
the President of the United States lay by removals
m the recess of the Senate, abuse the power; that
he has abused IT. and that the Senate, q coordinate
branch of the Executive, is the only efectuu rIb-
unal to restrain correct him: and that consequent
1y, this 10 the which intended by the Con-
stituion.
tion will make two brief remarks: The first is that
though the Constitution has given the appointing
power TO the President and Senate and to the Pres
ident alone fill vacancies which may happen in tho
recess it says not word about the reurocing
power Now as there is provision for this re mo-
wing power, 1t would be fair infer that il beiong
cd TO the appointing power that it was to be def
ned by l1o No law has defined it, and might
seem to follow that every removal since the adoption
OF the Constitution, Illegal and unconstitutional
Fhe trainers and expounders of this Constitution,
before it ratified by the States and the people,
were OF the opinion that the removing and appointing
powers were co ordinate The practice under il,
however has been, that the right Of removal was
vested In the President alone.
The second remark IS, that, except of judiciary Of
hcers the tenure of Office ia no tohere defned. The
questions, therefore, which would naturally arise are
can Congress defRe it by law or is it vested in the
discretion of the President and Senate or The Pres
dent aone Is 1T inferable that because the Consti-
tuton has defined the tenure Of certain class of of
fcers that therefore hos placed all others at tho
will Of the President 1t would in nv view be far
fetched conclusion
But, Sir, supposng that the power Of removal i'm
The recess of the Senate, be vested by the const,t
ton in the President, still the question rccurs cam
not the Senate correct an abuse of this power, II
would seem to me that there no other adequate
corrective. IF the p5wcv ignot hero whore else are
,cou 70 look for ~