The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-06-19

opinions. as one engaged in framing the
constitution. upon constitutional SUBJ
jeets, were regarded, and have ever
been regarded. As very high authority.
His judgment appears TO have prevailed
with the House of Representatives. on
that occasion. have understood that
the vote affirming that power in the
President passed the Senate by the cast
ing vote OF the then Vice President,
Mr.. Adams. The question arose upon
the constitution Of the Department Of
the Treasury; and the question was,
whether the head of that Department
should be removable by the President
Now. whatever my opinion may have
been or is as to what was the original
intention Of the constitution. the actual
practice under that instrument has not
been in accordance with my opinion.
l have found il settled question. from
the decision Of Congress, made direct
ly on the point, at the first session.
down to the present day, under every
Administration. The President Of the
United States has. in more or fewer in
stances. of his own authority, removed
an incumbent from Office and If made
during the vacation il has been regard
ed as creating q vacancy, which the
constitution authorized him to fill Of
his own accord until the next meeting
Of the Senate.
In 1885. l think II was, this matter
was debated in the Senate. A bill
passed the Senate, IL / mistake not,
making some general provision applica-
BILE to this subject. But, according TO
my recollection, It was never taken up
in the other house, and never became q
law. Now, if any proposition were be-
fore the Senate such as was contained
in that bill of 1885 as general provi-
sion, | should be as willing now as I
was then to sustain It, because l am one
who do conscientiously believe that the
extent Of Executive power over those
who hold Office in the country is one Of
the existing evils Of the time, and one
which endangers the harmonious action
Of the Government. Especially is it
one which creates an interest in persons
in Office and persons out of office, the
one to maintain and the other to oust
| the possessors of Office. For the time
being it excites an energy. in that res
! pect, founded too often, as we must all
admit, upon considerations Of a private
, object and Of private nature.
But, sir, since the practice has be-
come a settled practice, since every
q Administration has indulged in it, and
, since ii must now be considered, as the
legal construction Of the constitution,
that it is one Of the powers Of the Pre-
sident to remove incumbents from Off
ces which they hold, it follows as ne
cessary and as an inevitable conse-
quence that this power, thus legally
: vested in the President, must be exer-
: cised by him as independently of our
: control as any other power that is to be
exercised by him under the constitu-
tion. II be holds the power, he holds
it to be exercised at his own control
and discretion. And see no ground
upon which we can call upon him to
, give us reasons for the manner in which
he exercises that power, any more than
we can call upon him to give reasons
for the manner in which he exercises
: any other power under the constitution.
Or, on the other hand, that we have no
more right to call upon him to account
to us for the manner in which he exer-
cises power solely confided to him,
than he has to call upon US to give him
reasons for the manner in which we ex-
ercise a power solely confded to our
hands. And / think, therefore, it
would be against what is the settled
: construction of the constitution and
|. the practice of the Government, for US
to make any such requirement Of the
President.
: 1t must be borne in mind that we are
. not now acting under the plausible mo-
ton or idea that we may make this call
as being ourselves part and portion Of
the Executive or appointing power, for
t this proceeding is brought up while the
I, Senate is acting in its Legislative capa-
city. 1t is no more properly here, or
r to be properly entertained here, than il
E would be in the other House Of the Ma
: tional Legislature. The House Of Rep
: resentatives may make general inqui-
: ry Of the President for the reasons Of
! removals in every case, extending down
) to the postmasters, in detail and seria'
y finn, with just as much propriety, ],
u seems to me, as we can pass this reso
h luton. Iconsider it, therefore, entire
J. ly subversive Of the practice ofthe Go
d vernment; and though do not meal
1T to use term Of severe application,
1t must say that | consider it an invasion
8. Of the undoubted authority Of the Pre-
10 sident upon the settled construction Q
to the constitution, for the exercise q
s. which authority he Is no more answer
p able, or to be made answerable to vi
le than we are answerable or to be mad