Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-02-19
ESsRsRss .sks " 10, 1880.

pointmcnt and removal Neither was it SO undcst oi
and expressed by writers and books on Executive power
Mr.. h. referred to the opinions of Neckcr and the
patriots Of the French Revolution The same branch of
Government said MIR. E. ought not to have the power
of willing and acting. that the Executive ought not to
judge, but fulfil the decisions Of others The President
did not possess all the powers said Mr. f., ssary
for executing the laws, but vcn needed the assistance
OF Congress IL lac did, he c1nld raisc money 10 sup
port the administration OF the laws But for this, no
would contend So the Constitution declares that
all legislative power shall be vested in Congress-
This expression was equally strong with that winch
declares all Executive power should be vested IN
the President. But that all legislative power was
not vested in Congress- evident from the TACT thut
the Constitution rcqugcd the sanction OF the President
upon all laws; and also gave him the veto privilege.
Hence it probable tlt powers were conferred,
unless particularly specified. That The authors OF the
Constitution frs; stated the general proposition where
the Executive power should be placed, and then went
on To specify wherein 1t she ga con not like cildren
to load it with useless epetons Doi Ia define and limit
the extent of Executive power ThoA who claim these
powers for the Executive went upon the supposition
that all powers not defined by the Constitutions bclong
cd to the President Whereas the very reverse OF that
was true The Executive possessed only those particu
larly specified by that instrument. He contcnded that
the different departments Of Government ought not TO
be entirely separate and independent of each other lie
would make exception of the Judicial branch it was
not necessary to connect that with the others; but the
! Executive aud Judicial Departments ought not TO be
separate and independent of each other.
lie wodld next proceed to the power ofrcmovng from
office Ii was claimed us corelayc appointing of
flee. The power of repeating laws did not belong TO
Congress without the sanction of the President The
necessary tocpcll Ifs the President could not appoint to
Office without the consent of the Senate and by the
reasoning before the removal could not be made
without the concurrence OF the Senate II tie nonina-
ton of candidate elected by the Senate the
incumbent should still continue to hold his Office and
exercise it's duties Ia 1889, twas fully discussed whc
Their the President had the power of removal not, de-
rived from The Constitution: many gentlemen who had
sisted i'm framing the Constitution, participated in that
discussion they about equally divided between the
two opinions But during the heat and excitement OF
debate, the popularity OF General Washington drew over
a majority to the SIDE Of Executive power.
MIR. Kane said he did not to enter into this dis
cusson at length Soon after the formation of this Go
vernneni. those who had the powcrthc first Congress
decided that the President had the power Of removal
from Office necessary incident 10 the Executive
power This decision, he said, had been practically ac
ceded to for near half century, and he should not take
mp time To discuss 1t, and more especially the qucs
ton not presented by the bill before the Sennte.
The first section only repealed the law of May, lS0, Ii
hitting the term oi certain officers Where did this re
peal leave the question of remova' Precisely where
II was before and placed the tenure OF these Office
where the practice of all past time had placed it; de
pendent upon Executive pleasure. The second section
provides that discussing Offices shall be vacated upon tia
dcalcation of the officer Here srenloval BIZ law, but
limitation imposed thereby upontle existing powe
OF removal in the Executive The third and last sccto
admits in general terms the right of the President witt
out consulting the Senate, And yet it 7,
qulrcs the President TO lay his therefor before til
Senate. This, il other existed, he though
sufficient 10 induce him to vote against the bill. AZ
hitting 10 its fullest cxiept the power lin the Presidcn
which he exercise under the ton, witho,