Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-24

| Changnable, but as one in series OF eX-
periments by which they themselves were
seeking to find the most beneficial way in
which the people could have their national
Government carried on, they interpreted
and applied it under the guidance OF COM
mon sense in the way which they thought
most likely to make it successful in effect
ing the object for which they had made it.
We see this in the meagre accounts which
remain to us of the debates in the first Con-
gress. We know that it must have been so
from the character of the men who stood,
with Washington, foremost in getting the
| new Government into operation. Their
success is seen in the permanence of the
principles and methods which they intro
duced in the judiciary, the treasury, the
army, and most other departments OF
administration. '''
| 1t was in this practical way that the
| question was settled in regard to the power
of removal from Office, which was not eX-
plicitly provided for in the letter of the
| Constitution. BY the Constitution it is re-
qlired that the President shall appoint
''by and with the advice and consent of the
| Senate" all officers whose appointment is
not otherwise directed by law. lie also has
power to fill up all vacancies that may
| happen during the recess of the Senate" by
commissions which expire at the end OF the
next session. But nothing is said as to the
power OF removal from office, either for
official delinquency or at discretion. There
were many jealOuses to be dealt with in
the Introduction of a supreme government
| with all necessary powers. 1t is probable
| that an unwillingness to provoke such
| jealousy was the reason why the trainers
of the Constitution made no direct provis-
| ion for removals. President Washington
| cd Inf Of a
necessary incident of the supreme eXecu
tive power vested in the President, and that
such removal by the act Of the President
alone, during the recess OF the Senate.
| caused vacancy, which he was thereupOn
| empowered to "fill up" This assumption,
acquiesccd in by the first. Congress, be-
came the established usage Of the Govern
ment to the present time.
The fact that this usage did not pass un-
| questioned, and that the subject was
thoroughly discussed in Congress, adds TO
the Importance of the precedent as proof
that it was in full accordance with the will
of the people at that period, and thus rests
on the same authority with the written
| Constitution. The failure OF all attempts
| to change it is a further proof that the
popular will is unatrred in this respect
| aud that this il part of the process by
which the people OF the United States
choose to have their Government admins
| tered.
The subject came upin the first Congress,
on the l9th of May, 1889, during the third
week after the Inauguration OF the Presi-
| dent. Mr.. Madison moved the establish
ment of three Executive Departments; one
of Foreign AflIirS, one for the Treasury,
and one for War; the Secretaries ITO be re-
movable by the PRESIDENT Mr.. Smith, of
South Carolina, thou ght that an officer once
| appointed "must remain until convicted by
\ impeachment" Mr.. Madison said if such
were the true meaning OF the Constitution
he would submit to it, but las fatal error
| in the system, and one that would ulti-
mately prove IT'S destruction" He said
II think it absolutely necessary that the
President should have the power of remov-
ing from office it would make him, in a
peculiar manner, responsible for their con-
duct, and subject him TO parchment HIM
self, if he suffers them to perpetrate with
| impunity high crimes or misdemeanOrS
against the United States, or ncglects to
superintend their conduct, so as to check
their excesses. On the cOnstitutionality OF
the declaration / have no manner OF
doubt
This full declaration by Mr.. Madison is
itself conclusive. 1t was supported in
argument by such men as Egbert Benson
of New York; Vining, of Delaware ;
George Thatcher and Benjamin GOOdhue,
of Massachusetts, Elias BOudinot of New
Jersey, and George Clymer, of Penusyl-
vania, and sustained by the House ''by a
considerable majority"
The subject was discussed again on the
16;h OF June, when the Opposition renew.
ed their most strenuous efforts, on great
diversity of reasons, to have the clause
stricken out. The bill was supported by
Theodore Sedgwick and Fisher Ames OF
Massachusetts, in elaborate arguments go
ing to the nature of Government. Their
arguments aud those of Mr.. Madison are
worthy of being reproduced at this time.
The motion to strike out was lost 20 to 81,
and the clause passed, as it stands to this
day. Mr.. Ames said, "Ihe power of re-
moval is incident to governments" and Mr.
Sedgwick said, ut must be conferred upon
the President by the Constitution, as the
Executive officer of the Government" Mr.,
Madison said ri.
"Where the people are disposed to give
so great an elevation to one of their fellow
citizens, | own that am not afraid to place
my confidence in him, especially when
. know that he is impeachable for any crime
or misdemeanOr before the Senate, mt all
times; and that, at all events, he is i'm
. peachable before the community at
large every four years, and is liable tC
be displaced if his conduct have given
umbrage during the time he has been In
office"
These thoughts are eminently proper to
be considered at the present time, both by
Congress and by the people. Itsurely fol-
lows, that any curtailment of this power oi
removal will destroy the balance of pow
er in the Government, will so far disable
the President from securing the proper eX-
ecution of the laws, and thus enable him tC
shun the responsibility which belongs tC
his Office. 1t would also weaken the hand,
of the Executive at the very time when
4, great public eXigencies may require thai
his Office should be strengthened TO the ut
most vigor of action, as in the time of wal
or of civil disturbance. We ought not to
forget that legislation is to affect the future
as well as the immediate present.
90 from the Logan Gezette.l