Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-04-09
SPEECH OF MIR. CLAYTON,

hour of the day. the American Senate followed American
President in the Of hrs stately triumph 70 that scene
he proclaimed the world the principles wc he
,lc whole subject has heen thrust into this debate, as
have stated there To be proprie,y III devog
and influence OF Executive authority. These this day
would be proper subjects of reflection for the Chez Magistrate
seuse portion of the Executive power, may learn
duty better by the temperate examination OF his iconcu
gentleman that discussing other subject
involving question of constitutional law passion and feeling
be regarded as poor axiares We should go for no
bier game than interests Principles be first
settled here but then tue application of them must be fearless
~ made The hrs. INQUIRY ough. to be- what are the true pn
HAT my view of those principles differs much, in
spec,s from those of whose judgment, usually defer
does in others from those OF some who profess to he po
caliy arrayed against me-
civil officers of the States shall he removed from office
and msdemesuors. judge the of whose
u1ce dun banc gesser is recoverable only by
OF removal properly and generally ien; and
af"se of the power Of appointment The power destroy
ax2n of Jurisprudence tina, the authority to dissolve
& has Ss al se ssr s ina. which eTe law far I m
Venue fer example, has the necessary power redi The
IN Their respective cos,iuons power Of appointment, to
Office aud exercise by ccsrnc'iop and by implication only
the power of removal from il, their State Constructions being
silent upon that subject The Postmaster General wio
aonfzi'y with this Administration, has removed within tire
thousand deputies agents
ted By law with The express right of appointing eu point
statute c0ntenIng
CT then, The clerks and agents appointed under
express legal provisions by other Heads Of Departments
conferred upon the Supreme Court tie power Of appointing its
clerk, and although considered removable by ye;
then this authority, thus derived from implication cons,ruc-
if kept within the spirit of tile Constitution laws
instead OF being used arbitrarily or yrauncay be cxerci
.ed only for the public welfare
In two classes of cases the poe: ofrpoinue
by the President aoncrit, when Congress have laws
vested him the appointment of such inferior officers
thought proper; secondly where cn,pow red to make
cla
of the second article There peculiar
growing of the in which the power removal in
frs, of classes has been exercised unnecessary
TO into they Immediately connected with
eond class are euy bS the esrsss o me Sc
clause which authorize them The President shall have pow
Senate by granting which shall espre at The
end Of their neat session. With these excep,ins the Sc
upon President Senate by the words "hc shall
nominate and, BY and with the advice Of the Sc
nate snail arpoin, "
Although the Constitution has thus recognised the Senate
an essential component part Of the appointing authority yet
the power of removal has been uniformly av the Pre-
siden alone since the Constitution established This ,,e,,
ns Deen deviation Ia from the general principle TIA. tie gh,
ISIS But do no, concur with honorable gentlemen who
nn and having arrived at the conclusion volo the
legal tenure of office, would leave become the sport of
spirit less arbitrary and yrannica than that of absoe
despoisn. Every administration preceding this has
10 exerce this power within certain established ccnsit:ora
by the President only for purpose of securing abI ex
ecuon OF The laws, or when really general
any
before this Prosttued this authority party
USES for personal aggrandxement, win ound that lie
has, al least in assumed ,s
government different principles and that he intended
legitimate ohe The hsa We of hs ppsesan 1% m
which the Senator from Tennessee relies as Of Others
would have been acknowledged if it had NOT bee
Supposed to have been strictly limited and distinctly confined
When the bill "or establishing Executive Department to
be called the Department of Foreign Affairs" was under The
consideration of the House of Representative daring the first
session Of Congress after the adoption of Cons,it1on the
debate TO which The gentleman from Tennessee eterre
arose upon one of its provisions granting the President
We're TO be principally entrusted That provision so
modified as no, to carry with it the appearance of giant
something before gyen but recognise constitutional
power OF removal already subsistins the President The
man, and maintained ny Mr. Madison and MIR. Baldwin
These gentlemen had all bsen members Convention that
opinion very ns,rument WHICH the~
had SO recently before that assisted forming The point
who had been members of the convention ho on
different sides with equal zeal in the contest unit, Length
lshed far tribunal which had jurisdiction o,er the
subject could do it, by of thirty four twenty IL has
that Washington then President of hs Ini
ted States had great influence producing Add
To this too that the question strongest
which could have been presented for the advocates of the ey
ea was saey ss the whom o and The Pres
relations should subsist These supporters Executive a
or were 'sn as men VIII ever be- influenced in de-
statesmen of the day literally We'd with each other in expires
sons Of their high confidence man whe then filed ,hs
Chair of State beloved by ALL and dus,ed by none; and
IS but TOO evident from the arguments on this occ
SION that they were begued by the imagination a, uope but
Seng o. such exalted virtue and sPotles purity be
eected 70 succeed hni They reasoned ftnm Illusion 10
which human nature all times liable Under such circum
ssnces principle was decided which forms distinct excer-
oo TO an established general re and escape obscr
walton that under other auspices very different result would
probably have been produced by the deliberations Of
ne discussion to sustain This power mainly these
brief the constitution bad conferred upon the
PRESIDENT the Executive poweria the general concession Of
Executive authority embraced removals. well as apon,
the power sraped to the Senate being an excep
ton to this general provision ought therefore os
strictly and could be extended beyoi the r,h,
(h its necessary incdents) of aivng appontments-ad
ABOVE an ma, e PRESIDENT being bound to care that
tie laws he faithfully executed must therefore remove ey
ever the public interest Perouy eqresit The last posi-
Io aeeo oy an the eStraneons considerations referred TO-
successful Every dwell upon as the kew stone Of
the argument 1t was not then conended by the fathers of the
pubc that the general grant Executive power was IN b
construed alone by the strict specifications it, subsequently,
entered ~ the same Instrument True modern reasopef
revolt at the thought Of extending powers of Congress he
yond e specific enumeracn of the by general Grant of