The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-06-19
REMARKS OF
N r.. w s B = r e =,
o. kmsrsls from efifW.

o. RmeralI from 0fiiW.
sssarr, Tuesday. Juns zih, 1850.
On motion Of Mr.. Bradbury. the Sc
nate proceeded TO the consideration oi
the special order Of the day, being a re-
/. solution in reference to removals from
ofhee. f.s T
il Mr.. WEBSTER. Mr.. President. I had
hardly supposed that it was the pur-
pose of the honorable member from
Maine to bring this resolution to vote
Of the Senate. / had hardly supposed
that it was the purpose Of those mem-
bers Of the Senate with whom the homo
rable member from Maine usually acts.
to press q resolution SO entirely unpre-
cedented. so incapable. as 4 think. Of
producing any good, or SO likely to pro-
iduce evil results. II may be, and pro-
badly is. that in this view Of the opin-
ions and purposes Of gentlemen i am
mistaken. The resolution seems to be
pressed to q vote. and wish, there
fore, before my name shall be recorded
upon the question Of the passage Of the
resolution, to say very few words.
My inclination, Mfr. President, is to
oppose in the practice of the Senate
and in the practice Of the Government,
whatsoever is new, unnecessary, and
not apparently adapted to produce any
considerable good. The differences
and lines Of demarcation between the
different departments Of the Govern
ment must. to great extent, be settled
by practice and usage. This is true of
our Government it is true Of all Co.
yernments. And whatsoever may be
considered as mere right when ques-
tion arises. il is always wholesome
rule to consider what has been the set
tied and continued practice Of the Co.
lvernment. Certainly, sir, there is no
precedent for such a resolution as that
which the honorable member from
!, Maine recommends to the Senate for
II its adoption. And shink there is as
little foundation for il in any constitu-
/. tional principle or provision, as there is
> in the past history of the Senate and ol
: the Government.
That the President Of the United
. States does in fact hold and exercis,
Z the power Of removing from Office al
4 persons under the Government wht
have not a different tenure from thai
which belongs to officers at will must
be admitted. / am of the number ol
persons who have always believed, since
looked into the matter, and since
J have examined it, that the original de.
1 cision Of Congress put upon the Consti.
= tuition in this respect-was wrong.
!. .lhave ever entertained the opinion that
], the true construction of the Constitu.
/: ton was, the removing power never ex
: listed rightfully, and was never expect
ed to exist, except as part OF the ap
Z pointing power. That is the true ana
, iogy which this case bears to other cas-.
4 es. The authority that holds the ap.
pointing power over Offices naturally
draws into its own hands, as a conse-
: quence, the removing power, because
. the appointment Of one person to an OF.
b flee is necessarily the removal of the
a incumbent Of that Office. And SO the
!. appointing power, with only one excep'
: ton, so far as / know, is the same as
: the removing power. They are both
8 parts Of the same power.
g There is, sir, in the English Govern.
: ment, springing out Of particular con.
!. sideration, an anomalous instance in
n this respect. By the charter Of the East
: India Company it is provided that the
. Governor General Of India shall be ap.
!; pointed by the Crown. But, consider
! Ing the great interests which the com
i many have in the faithful and able ad.
! ministration Of that high Office, thu
! charter provides that, though appoint
. ed by the Crown at its pleasure, th'
!, Governor General Of India may be re
d moved by vote Of the East India Boart
d of Directors. That power has been ex
n ercised only once, believe; and tina
,t was in the case of Lord Ellenborough
e some FIVE or six years ago. But gene
'e rally in that country. from which ou
y definitions Of power, and of executive
,. power particularly as distint from leg
r islative power, come, the understand
p ing in all cases is that the power OF ap
OF pointment draws after it, as necessa
,e ry consequence, the power Of reno
III val, if there be no tenure fixed by Law
:. have looked recently, though nt
Of for the first time, into the debates whic
!" took place in Congress when that col
~ struction Of the constitution was fixe
" at its first session. You know, sir, th'
ID the Senate Of the United States, at th'
~ time and for several years afterward
sat with closed doors. There were !
debates Of the Senate published up
or the year l795, / think. But this que
elfl ton was debated in the House Of Re
to Iresentatives at great length. II
of speeches made there were reported an
ay published. The idea that the Presidel
nd possessed q removing power, witho'
=. Il. .ncs.rx cf yha SenatA seems