The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-03-05
...a. &c .ba other denartments: vet There

heads of the other departments; yettnerc
can be no doubt that he holds his office
with the same tenure as the other Secre-
taries. and Is removable by the President.
The change Of phraseology arose probably
from its having become the settled and
well-understood construction of the Con-
stitution that the power OF removal was
vested in the President alone in such
cases, although the appointment Of the
officer is by the President and Senate"
13th Peters, page 1897
Our most distinguished and accepted
commentators upon the Constitution con-
cur in the construction thus early gwen
by Congress, and thus sanctioned by the
Supreme Court. After full analysis OF
the congressional debate to which l nave
referred, Mr.. Justice Story comes TO TINS
conclusion =.
g After a most animated discussion, the
vote finally taken in the House of Repre-
sentatives was affirmative Of the power OF
remoyalin the President without any coope-
ration of the Senate BY the vote Of thirty
fonr members against twenty. In the
Senate the clause in the bill affirming the
mower was carried by the casting vote OF
the Vice President. That the final deci-
s;on of this question so made was greatly
influenced by the exalted character of the
President then in office was asserted al the
time, and has always been believed; yet
the doctrine was opposed as well as sup
ported by the highest talent and patriot
ism of the country. The pubic nave &C
auiesced in this decision, and 1t constitutes
perhaps the most extraordinary case
in the history Of the Government OF
power conferred by implication on the
Executive by the assent Of bare maJo-
rity of Congress which has not been ques-
toned on many other occasions"
The commentator adds Nor is this
general acquiescencc and silence without
q satisfactory explanation"
Chancellor Kent's remarks on the sub
iect are as follows:
"On the first organization Of the Co
yernment it was made a question whether
the power Of removal in case of officers
appointed to hold at pleasure resided no.
where but in the body which appointed"
and of course whether the consent of the
Senate was not requisite to remove. This
was the construction given TO the Constitu-.
ton while it was pending for ratification
before the State conventions by the author
of the FederaliSt. But the construction
which was given to the Constitution by
Congress after great consideration and dis
cussion was different. The words of the
act establishing the Treasury Department.
are "And whenever the same shall be re-
moved from Office by the President of the
United States, or in any other case OF va
cancy in the office, the assistant shall act"
This amounted to legislative construc-
ton of the Constitution, and it has ever
since been acquiesced in and acted upon
as decisive authority in the case.
1t applies equally to every other officer
of the Government appointed by the Pre-
sident whose term of duration is not spe-
cially declared. 1t is supported by the
weighty reason that the subordinate OIL
GERS inNe Executive Department ought to
hold at the pleasure of the head of the de-
partment, because he is invested generally
with the executive authority, and the par
ticipaton in that authority by the Senate
was an exception to general principle,
and ought to be taken strictly. The Pre-
sident is the great responsible officer for
the execution of the law, and the power of
removal was incidental to that duty, and
might often be requisite to fulfil it,"
Thus has the important question presented
by this bill been settled, in the language of
the late Daniel Webster, (who, while dis
senting from it, admitted that it was set
tied by construction, settled by the prac-
tice of the Government, and settled by
statute. The events Of the last war fur
nishcd practical confirmation of the Wis.
dom of the Constitution as it has hitherto
been maintained in many Of its parts, in
Guiding that which is now the subject OF
consideration. When the war broke out,
rebel enemies, traitors, abettors, and sym
pathiZers were found in every department
of the Government, as well as in the civil
service as in the land and naval military
service. They were found in Congress
and among the keepers Of the capitol, IN
foreign missions, in each and all OF the
executive departments, III the judicial SER
vice, in the post-oliice, and among the
agents for conducting Indian affairs, and
aponprobable suspicion they were promptly
displaced by my predecessor, so far as they
| held their offices under Executive autho-
rity, and their duties were conided to
new and loyal successors. No complaints
against that power or doubts its wisdom
were entertained in any quarter. | sin
cerely trust and believe that 10 such civil
war is likely to occur again. / cannot doubt,
however, that in whatever form and on
whatever occasion sedition can rise, an
effort to hinder, or embarrasS, or defeat the
| legitimate action of this Government,
whether by preventing the collection OF
revenue, or disturbing the public peace, or
separating the States, or betraylng the
country to foreign enemy, the power of
removal from office by the Executive, as it
has heretofore existed and been practiced,
will be found indispensable. Under these
circumstances, as a depository Of the exc
cutive authority of the nation, do not
feel at liberty to unite with Congress in
reversing it by giving my approval of the
bill.
At the early day when the question was
settled, and indeed at the several periods
when it has subsequently been agitated,
the success Of the Constitution Of the
United States as a new and peculiar sys-
TEN of free representative government was
held doubtful in other countries, and was
even a subject Of patriotic apprehension
among the American people themselves.
A trial of nearly eighty years, through the
vicissitudes of foreign conflicts and OF civil
war, is confidently regarded as having eX-
tinguished all such doubts and apprehen-
sions for the future. During that eighty
years the people Of the United States have
enjoyed measure Of security, peace, pros
perity, and happiness never surpassed by
any nation. 1t cannot be doubted that the
triumphant success of the Constitution is
due to the wonderful wisdom with which
the functions of government were distri-
buted between the three principal depart
ments-the legislative, the executive, and
the judcial-an to the fidelity with which
| oooI 10 itcalT or I9np cnpfpa1