Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-05-25
SPEECH OF MIR. HOLMES, or MAKE
Is SENATE UNITED STATES, Aran 90, 1880.

The resolutions offered by Mr.. IIoGxrs, calling
upon the President for the number u1mas Sc. Of Of
icers removed by him the last Session Of The
Senate, with the reasons for each removal, being
under consideraton-
Mr.. HOLMES addressed the S5enac as follows:
Mr.. PREsiDENT: II was, perhaps, fortunate for me
that the Senator from Illinois Mr. Kane) snatched
the resolution Of the Senator from Missouri Nr
Barton ont Of ms hands. and placed it beyond The
reach 81 debate. Aud although il was no mark of
i!bcraiy and. - o'hnr periods, would bave been
called by very different name, yet It has gwen ne
ou opportunity 10 discuss the question on more ex
tended scale hnte been waiting for this opportu-
MY Inst for he edcaon Of the Senate, but for the
instruction of the pubhc) 10 give my views Of the
power of the Pres dent 10 create vacancies and fa
them ia the recess Of the Senate and to illustrate
nv remarks by brief historical ske' ca Of the prac
tice Of the Government since the adoption Of the
Constitution. Notwithstanding the able arguments
Of my friends from Delaware aud Missouri. (Mcssrs.
Clayton and Darton) and others Tho have touched
Cpos tins topic still the facts, in detail are ne
cessary for full understanding pfths subject. The
people want light, and far my feeble taper
will reflect II, Msy sh"N hare IT,
But, sir, l vii come directly TO the questions rais
cd by the resolutions, and nay posItOn is ths-that
the President OF the United S'o:ss uIdy by removals
10 the of tho Senate abuse the power; that
he has abused ~ and that the Senate. coordinate
branch OF the Executive, IS he only efectual trib-
unn to rcstraln correct him and that consequent
", this IS the one winch was intonded by tho Con-
stitution.
Before proceed 10 tho discussion Of thls PROPOSE
lion, ] will maze two brief remarks The first is that
though the Constitution has given the appointing
power to the Pfes!dnn' and Senate and 10 the Pros
Idcnt alone 10 I'll vucsnces which may happen in the
recess II says not onn word about the reba0ping
power Now a. there - provision for this re NO
wing power, it would be fair 10 infer that il belt
cd To- the appointing power that IT was 10 be def
ned by tno. No law hos d fined il. and II might
seem TO follow TINT every removal since the adoption
Of The Cons ituion, WINS Illegal and unconstitutional
Pie tramcfs and expuuuders Of this CuDstitution
before IT was ratified by he States and the people
were Of the opinion thot the removing aud appointing
powers were co ordinate The practice under II
however. has been. that the right Of removal was
vested IN the Presiden' alone
The second remark s, that. except Of judiciary Ct
Gcers the te,rre of Office is ghere dcfned. rht
questions therefore, which would naturally arise nrr
Congress de1ae it by lay is it vested in tho
discretion OF the President ond Senate or the Prcsi
dent alone? r. 1t lnferable thai, hecsuse the Constr
tuition has defined the tenure Of certain class Of Of
icors that therefore it has placed all others Mt IT,,
viii of the President II would, in roy view be ia
fetched conclusion.
Bu', Sir, surprising that the power Of removal il
the recess Of the Senate, be vested by the constru
ton IN the President, e,ll the question recurs, con
not the Senate correct abuse of this power /
would seem 10 me that there other adequate
Corrective. If he power is not here where else art
ynp ~ Ink for ~