Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-04-11

ciSelY as the MafSnal Vi tiic oiiitoc 0to'oo 20
cnteS the iudgments and DEGREES of the Supreme
Court of the United States. This clause of thel
conctitution is analogous to a decree OF the
oaonle ordering the President-who IN this re-
snect ;s nothing more than the Grand Marshal
of the republic--to see that the laws are exc
cuted by such means, ana such means only as
6songress NAV provide. In fact, sir, 1t is an In
inncf;on of obedience to the law-making power.
Rnt. sir. pass on to the great question OF the
.nnonting power and the connected power OF
remoyal from office. What is the power OF APP
nointment2 And what does it involve! Inc
bower of appointment begins and enos WIN
making the appointment am utterly at a loss
to conceive how the idea ever optalheu cui ien
CIV. that the President of the United States nao
the inherent constitutional power OF dlsmlsslhg
an officer from his place. Where is this power
TO be found? The Constitution says, that with
the concurrence of the Senate, he shall make
all the appointments. Upon what principle OF
construction is it, then, that the power OF max
mo the appointments involves the right OF dis
missing from office-as a constitutional right,
paramount to the power Of Congress! 1t is an
established rule of construction, in regard TO
the legislative power, that wherever power is
expressly granted all the powers necessary for
its execution are involved by implication. But
how can it be maintained, that dismissal from
office, which is necessarily subsequent 10 the
appontment, is an appropriate means OF ena-
hing the President to execute the power of max
ING the appointment Nor is the question an
immaterial one, whether this right OF dismlsslng
from office, is a constitutional right, or flght
derived from the law.
The distinction is all important. must think
that those gentlemen who have expressed the
opinion that the President of the United States
derives this right of dsmissing from othce from
the Constitution, and that the law cannot take it
away from him, have expressed the opinion in
advertenty and without due reflection. is 1t
not evident, Mr. Speaker, that it is the very es-
sence of legislative power to create ofhcers; 10
prescribe their duties to fix their tenure, ana TO
determine what kind and degree OF malversa-
ton shall be a sufficient ground for dismissal
from office? And yet, five were to attempt to Tx
the tenure of any executive officer we should be
Immediately informed by the President who
sumes the sole right of final arbtrament on these
great questions of jurisdiction between the leglS-
! lative and executive departments, hands OH,
gentlemen, this is matter with which you nave
no right to interfere, it is power executive
| in its character, and, therefore, belongs eXclu-
sivey to me-" | think it highly important that
we should assert our legislative rights, in rea-
ton to this important subject 1-because the time
is rapidly approaching when every man OF re-
Election will perceive the necessity of interpos-
ing the legislative power to rescue the country
| from the corruptng influence OF the power now
claimed and exercised by the President
lnQeeu, SIT, dll uteply ipiCosOu WIN WY
conviction, that this power should be forthwith
interposed; and that every federal officer, from
| the highest to the lowest, should be made to leel
that he holds his office by tenure less precarl-
! Gus than the mere arbitrary will OF one man.
cannot doubt, that under the Constitution Con-
| gress may pass law prescribing that the Judg-
| es of the Supreme Court, for example, shall
lhave,the power of dismissing their ministerial
officers, and should be glad to see such law
pass, by way OF commencement Though the
| legislative power can exert no control over the
| appointment, it may so regulate the dlsmlsSlng
power as to form a salutary check on that OF
appointment 1t cannot be doubted that Con,
gress may provide by law, that the representa-
| tves from each State shall have the power OF
dismissing all federal officers within the limits
of their respective States.
There is no limit, indeed, to the legislative
power in fixing the mode, manner, and cause
| ofdismissal. 1t may provide-that all executive
| officers shall hold their offices during good be-
haviour, and be liable to removal only on con-
victon by jury of malversation in ONCE
| But how is it inferred that Congress has no
such power2 Why says the hon. gentleman
| from Tennessee the Constitution in prescribing
that the Judges shall hold their Offices " during
| good beharior' raises the necessary Implication
that all other officers shall hold their Offices by
the will ofthe President! This is certainly a
most jumping conclusion, and am utterly IN
| capable OF compromising llc ioSlOol Ploeo0"j
| by which the gentleman arrives at it. The TACT
that the Judges are declared to hold their offices
during good behavior, raises no implication at
all as to the tenure of other officers, but leaves
them to be regulated by the legislative power,
which only is competent to create them. 1t is
restriction upon legislative power, and the ex-
tent of that restriction is the extent of the pro-
vision in favor of the judges.
have deemed it important to speak thus dis
tnct on the dismssng power, because have
deep and solemn conviction that if Congress
does not interpose speedily and effectually in
terpose, on this subject, the day is not distant
when this Government will sink into deep COR
ruption, and absolute monarchy. Have you
considered, sir, the peculiar situation of the
United States in relation to this subject2 Have
you reflected upon the difference between our
situation and that OF every other people npon
the face of the earth2 The factis notorious that
in England when change of ministry takes
place all the subordinate officers ofthe kingdom
feel themselves as firmly seated after the change
has taken place as they were before. But what
is the case here, under our system of an cleo
tive Chief Magstracy? fyou bring all the Of
fcers of this Government into the political mar
ket as the legitimate "spoils of victory if eve
ry asprant to the Presidential office, inscribes