Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-23

'tituton 1t IS provided, that "thc Executive power
shall be vested in President of the u. s. of America,
&c Had nothing more been said in the Constitution.
all seem TO admit. that the power of appointment and
removal would exclusively belong to the President
branch OF Executive authority, and to sppertain to
him tho Chief Magistrate of the nation. In the |
second section of the same article his powers emu
nerated and appointment to office is of them: but
IN making the appointment, he must obtain the advice
and consent of the Senate. This constitutes an eX
ccptlOn to the gencra rule, that the departments
to be separate and distinct; and there is wisdom in
tins provision. The trainers of the Constitution fore
saw what nll experience has proved under this gov
ernment, that a President with the best intentions,
and anxious only to promote the general good, might
make selection of an individual through want of
correct information who would be deficient in moral
or intellectual worth. This has happened under cv
cry administration When this occurs, and the name
OF the individual is placed before tho Senate strict
scrutiny is instituted and If upon examination, he is
found unworthy he is withdrawn by the President
rejected by the Senate. In making this investigation
INTO the character and qualifications of the individual
nominated the Senate has the aid of the Senators Of
the State IN which he resides, who generally &C
qnaInted, and know whether the President has been
n'isled by information received from others. Thus
Tar Inc constitution expressly authorizes the Senate
10 act IN aid Of and in conjunction with the Prcsi-
dent OF the United States, and no farther Iffurther
Joint action were deemed proper it could easily have
been expressed
Erpressio unins ereluso est o,terius
was there any necessity propriety in giving the
power now commended for to the Senate. IF it can
De SHOWN that would do injury, and destroy the
harmonious operations of the government, it ought
not to be considered existing IN this body unless
clearly given.
Thus far we have considered the mode by which
an individual get into office. The question arises
how is he to be gotten out, and by whom, So soon
as an Executive officer Is appointed. he is placed I'M
der the immediate inspection aud control of the Pre-
sldent' who becomes intimately acquainted with his
qualifications Are his talents equal to his station,
Has he integrity, industry and all those other Grail
ties, which will enable hin, to discharge the duties
beneflcaliy to the country? Ifso, the probability is
strong IN FAVOR OF his being retained unless his place
can be as well or better supplied On the other hand
the President discovers deficiency. 1t is his t,v to
remove him; and them according 10 the ARGUMENT nm
the other side, the case before the Senate far
trial suppose. The Senate will mn, tote H. 81,
of The President the rule of its decision: for If II
should no valuable purpose could be obtained BY the
action Of the Senate. We are then to irou;re Vic
ther this man shall be retained? We must not make
fnockery Gift; he must have fair trial and ma no
cessay incidents it, witnesses and counsel n,nst h
heard and yon thus place the Chief Magistrate of,he
country, Ill the odous attitude of public prosecu,nr
VINO may aii to make out his case as nothing is morn
true IMAM that fact may exist to the satisfaction, f
all men, aud yet not be proveabie before judicial
tribunal Suppose the Senate should decide thnt Tho
ctnccr shall not be removed. soy the Secretary of
STATE lie is sent back as the first confidential advi-
ser OF the President who has already him
unworthy of confidence, an. not fit 60 he i,us,ed -
What kind ola Cabinet will you have. made nm and
forced to remdn together, of such materials Should
of no
Senate be about to secrete al! the money of the Gov,
ernfnent will 1t do to wait take the advice th
senate as to his removal> In time of danger md
contest the Secretary at War in the act Of betrav
ing the armies OF the United States into tho hands f
the enemy shall the President wait and ask be
what is to be donee The Secretary of the Nav ;
aoo4t 70 deliver up the whole Navy to the enemy
bnt sit quietly by until his advisors shall convene,
Gentlemen say, the President ought to suspend tho
oicer and wait till the meeting of the Senate before
the removal can be effected. l answer that the pow
er OF suspension Is not given by the Constitution and
1t Will require greater power 10 suspend and anno;nt
another to perform the duties in the int Grim than n
remove and supply the vacancy. Ifthe Senate nos
sesses lhls power the existing practice of the Gov
eminent must be changed; the Senate must al,uoys
be IN cesslon Our Legislative functions must he |
abandoned the whole time will be consumed in these
Investigations. 'eo
IN tine year 1893, this subject taken up in the
House OF Representatives of the Congress of the =
states, upon bill to establish the department ofI
State The bin as introduced, contained provision
giving the power of removal to the President Upon
'll a.scussion' the clause giving the power to
move was stricken out, upon the ground that the
Chef Magistrate possessed the power under the con-
sttuton; and the bill was so changed as to ackno,n
ledge the pre,exsting constitutional right, or power,
IN the president OF the U. States. The bill thus
modified, passed the house of Representatives and
Senate, and was approved by Gen. WASHINGTON
then President OF the u. States
Let IL be remembered, that AIR. Madison, who is
one OF the best constitutional LAWYERS our country bn
ever produced, was member of that CONGRESS- and
advocated the opinion for which contend He WINS
n member of the convention; had met the best tnJ
ents in the country in the Virginia Convention; had
there discussed it in all its bearings and tendencies
and was then, in 1889, engaged in putting the Gov
eminent into practical operation. Fisher Ames
whose fame and talents enough not only to make
New England, but all America, feel proud that he
was her citizen, advocated the opinion which nre
vailed. " Pie
In order that it might be understood, how eyerv
President and Senate have thought and acted, from
the commencement of the Government, have look
ed INTO the executive Journal, and find, that every
ciuslvely appertainng to him. hold In nv hand
copy OF General Washngton's commission to Mr.
jefferson, as Secretary of State probably the first
issued under the Government. That commission
sure OF the President of the U. States Also, the
commission to Mr.. Morris, as Minister to France
Under every President, all commissions TO executive