The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-06
In CONGRESS- OF THE U. STATES.
TUESDAY, JUNE 4, 1850.
lIE cosTISUATIos.1
REMOVALS FROM oFFIcR.

[M cosrHUATIoSl
IA sEHATE.
REMOVALS FROM oFFIcE.
The Senate resumed the consideration OF the resolu-
ton submitted BY Mr. BRADBURY early in the session.
calling for copies OF any and all charges which may have
been preferred against individuals removed from Office
since the iih Of March, Is49.
Mr.. WEBSTER. Mr. President. had hardly sup
from Maine Mr. BRApBUsYl to bring this resolution to
vote In the Senate had hardly supposed that II was
the purpose OF those members Of the Senate with whom
the honorable member from Maine claims act TO pass
resolution 50 entirely Unprecedented, incapable,
think. OF producing any good ELECTS, and so likely to be
an evil exaYpe l. may be, sir and probably Isl ha in
this view ofhe opinions and purposes OF gentlemen,
am mistaken The resolution seems TO be pressed TO a
vote; and wish, therefore, sir, before my name is
to say very few words II is my habit and inclination,
Mr. President, to oppose in the practice OF the Senate,
and generally in the practice OF the government, what is
any considerable good. The differences lines OF de-
markaton between the different departments Of the gov
ernmen must to- great extent be settled BY practice and
governments; and whatsoever may be considered as the
right when the question arises, always whole
some rule to consider what has been the settled, con-
tinued. and approved practice Certainly Mr. Presidents
there precedent for such resolution that which
the honorable member from Maine recommends to the
Senate for its adoption; and think there IS as little
foundation in any constitutional principle provision
as there is in the past history Of the Senate or the gov
eminent.
lnat the President OF the United states does IN TACT
hold and exercise power OF removing from Office all
persons under the government who have not different
tenure from that which falls to officers of the govern
ment, must be admitted am OF that number Of persons
who have always believed since looked at the matter
and examined il carefully, that the original decision Of
Congress in this respect the original construction which
Congress put upon the constitution this respect,
wrong Thave entertained the opinion that the true
construction OF the constitution that the removing
power existed rghtfuy, and expected TO
exist but part Of the appointing power. That is the
true analogy which this bears to other The
authority which holds the appointing power Offices
At will naturally draws into iis own hands az conse
one person TO office necessarily the removal OF the
incumbent of that oice-the officer who is in the Office
and the appointing power with only exception
far as know, has been the the removing
power
They are parts of the same power There is in the
English government sprnging out OF particular conside
rations one instance in this respect By the
charter OF the East India Company, il provided that
the governor general Of India shall be appointed by the
Crown but in consideration of the great interest which
the company takes in the faithful administration OF the
high Office, the charter does provide, though appointed
BY the Crown, and removable BY the Crown at pleasure
OF the East India Board OF Directors That power has
been exercised only once believe in the history Of the
company-in the case of Lord Ellenworth some four
ve years ago. But in general in that country, from
which deduce definition OF the powers of the
rious departments OF the government when they
otherwise specifically defined understand thai the power
Of appointment always draws after it the power to
move, If there be no tenure fixed by law. ] have
looked recently not for the first time certainly,
into the debates which took place in Congress when
that construction OF the constitution was fixed at the
first session fou know, sir. that the Senate OF the
United States at that me and for several years after
Of the Senate Published, believe, until 1894 But this
question debated in the House Of Representatives at
good deal OF length, and the speeches reported
power without consulting The Senate appears 70 have
been chiefly supported by able speech from Mr. Mad
which, coming from who had so recently been
engaged in framing the constitution, and whose
opinions statesman any points relating TO the con-
stiiuton, have always been regarded very high
authority, seems to have prevailed with the House OF
Representatives upon that question have understood
that the vote affirming that power in the President passed
the Senate by the casting vote OF the Vice President,
Mr. Adams The question arose upon the constitution OF
whether the officer the head of that department should
be removable by the President
Well, sir, whatever my opinions may have been as to
what was the original intention OF the constitution in this
respect the actual practice under the constitution has not
been in accordance with my opinion. have found il
settled question from the decision OF Congress- at its
first session, made directly the point, down 10 the
present day. under every administration that the Pres
dent OF the United States has in fewer instances
OF his own authority, removed incamben,s from ofhce
and il made in the vacation, has been held that such
removal created vacancy. which the constitution author
lied him to Oil Of his own accord, until the next meeting
Of the Senate
think il was in 1896 that this matter was debated in
the Senate. An act introduced relating TO the
subject and, il mistake not il passed the Senate, hav
It's purpose 10 impose some tnlS
power, and to make general provision relating TO
the whole subject According 10 my recollection il was
nottaken up in the other House, and il became
law Now, sir, IL a provision before the Sem
ate similar 10 that bill OF 1896, making general pro
vision for regulating the whole subject, should be as
willing now as thea vote for its passage, be-
canse am one ef those who do conscentousy believe
that the extent Of the executive power over those who
hold Offices in the country is OF the evils, OF the
unfortunate features Of political system,
administeredas especially which creates inter-
persons in Office, and in persons out OF Office the
one TO maintain, and the other TO oust from Office, the
President for the time being II excites energy in that
respect on the side and the other which gives TO
political contests dsagreeable and, think an unfortu
nate degree OF asperi,y at least
But, sir, since the practice has become settled prac-
tice since every administration has INDUCED in it, and
since must be considered The legal construction
Of the constitution that II Of the powers OF the
President 10 incumbents from Office, follows,
inevitable and necessary consequence, that this
power thus legally bestowed upon the President OF the
United States, must be exercised by him independently
Of control any other power which has be exer
csed, and which il vested in him by the constitution II
he holds the power he holds TO be exercised in his own
uncontrolled discretion; and ground upon which
can call upon him TO give rs reasons for the manner
in which he exercises that pnwer, any than for the
IN which he exercises any other power under the
constitution. We have more right 10 call upon him
for for the in which he exercises his du-
ties than he has 10 call upon for for the man
ner in which exercise ours
.uL 9sr a -