The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1868-03-20
During the debate many {

"The Constitution affirms 'haC the
executive power is vested in the rreei
dent. Are there exceptions to l., VI
proposition? Yes, there are. The
Constitution says that in appointing to
office, the Senate shall be associated
with the President, unless in the case
of inferior officers, when the law shall
otherwise direct. lave we THAT is,
Congress) a right to extend this excep-
ton? / believe not. If the Constitu-
ton has vested all executive power
in thePresident, / confidently assert that
the legislature has no right to diminish
or modify his executive authority.
The question now resolves itself into
this: Is the power Qf displacing an
executive power? / conceive that if
any power whatever is in the Execu-
tive, it is the power of appointing,
overseeing and controlling those who
execute the laws. If the Constitution
had not qualified the power of the
President in appointing to office by as
sociating the Senate with him in that
business, would it not be clear that he
would have the right, by virtue of the
executive power, to make such ap-
pointment ? Should we be authorized,
in defiance of that clause in the COnsti-
tution-"the executive power shall be
vested in the President'-tO unite the
Senate with the President in the. ap-
pointmenttooff office? IconceivenOt. Ifit
is admitted that we should not be au-
thOriZed to do this, / think it may be
disputed whether we have right to
associate them in removing persons
from Office, the one power being as
much of an executive nature as the
other; and the first is authorized by
being excepted out of the general rule
established by the Constitution in
these words: "The executive power
shall be vested in the President"
Fisher Ames said-"I is leading
principle in every free government it
is a prominent feature i'll this, that the
legislative and executive powers
should be kept distinct; yet the at
tempt to blend the executive and legis-
lative departments in exercising the
power of removal, is such maxim as
ought not to be carried into practice
on arguments grounded on implica-
ton.
"AnOther reason occurs to me against
blending these powers. An officer
who superintends the public revenue
will naturally acquire great infiu-
ence. Ifhe obtains support in the Sen
ate, upon an attempt of the President
to remove him, it will be out of the
power of the House, when applied to
by the first magistrate, to impeach
him with success; for the very means
of proving charges of mal-conduct "a
gainst him will be under the power of
that officer all the papers necessary to
convict him may be withheld while
the person continues in Office. PrOtec-
ton may be rendered for protection ;
and as this officer has such extensive
influence it may be exerted to procure
the reelection of friends. These Cir
cumstances, in addition to those stated
by the gentlemen from Jersey, (Mr.
Boudinot,) must clearly evince to ev-
cry gentleman the impropriety of con-
Meeting the Senate with the President, is
removing from Office"
George Clymer, of Pennsylvania, a
signer Of the Constitution, said:
'If the President is divested of this
power, his responsibility is destroyed ;
YOU prevent his efficiency, and disable
him from affording that security to
the people which the Constitution con-
templates. What use will it be of, to
call the citizens Of the Union together
every four years to obtain a purified
choice of a representative, if he is to be
mere cypher to the Government
The executive must act by others, but
YOU reduce hilG to a mere shadow,
when you control both the power OF
apDOintment and removal. If you
take away the latter power, he ought
to resign the power Of experimenting
and directing the executive part of the
government into the hands Of the Sen
ate at once, and then we become dan
gerous ariStocracy, or shall be more
destitute of energy than any govern
ment on earth. These being my senti-
ments, wish the clause to stand as a
legislative declaration that the power
of removal is constitutiOnally vested in
the President
Mr.. Baldwin, another signer of the
Constitution, said:
"The Senate must concur with the
President in making appointments, but
with respect to the reh1OCdI they are no.
associated there is no such clause in
the Constitution, and therefore Ishould
conclude that the convention did not
choose they should have the power"
Judges Kent and Story, in comment
ing upon the Constitution, have both
assented to and affirmed this doctrine
and no more valuable authority can be
found.
In our own Supreme Court the same
question has been judicially settled il
the case of Lehman VS.. Sutherland
Sd Serg. and Rawle, 145. The Cour
said:
"The Constitution is silent as to The
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