Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1868-03-04

finally, with much confidence.
On the other hand Messrs. Bland, JaeL,..
White, Sylvester Gerry and Lvermore wero
the opinion thatthc power Of removal is incd,',
to the power of appointment, and therefore n
the power is, by the Constitution, in the hand, :,
the President and Senate.
Thus, on the abstract question Of constitute,
power, the debate shows sir for the concurroDo,
the Senate, against. only t,oo for the Pre,;do.,
1t was against the President by three to one.
We now come to the ground ON which the on..
ton was actually settled. There was unanimon.
agreement that the constitution does not any sbo,
specially provide for removal, except by impo,,l
ment and in the search for indirect or iscdan,.
power, two sources were found-one in the Con.
raj executive power, and the other in the power.
President and Senate to appoint. Nobody oldss
ed to the fairness Of The Interpretation which p,,
the power to the President and Senate as ipoii...
to the power to appoint We cannot quite 60.
the same Tor the other side for when Mr. MAJ
son argued that the power Of appointment and !,
moval both belonged naturally to the Execute
and since the constitution restricts his power
approve, but not to remove, therefore the P,.t
dent alone may nave the power to remoye,-M
LNermore rephed mat by the same argument
the PRESIDENT would nave the absolute power to6.
scind treaty without the consent Of the SENATE
which would be as unreasonable as TO say that ,..
House could repeal an act which the two Hone.
were required to make The fact remained bo,
ever, that there were two sources from which
derive THE power-one to the President and Sea-
ate ana tho other 70 The President alone and Nj
Madison suggested Away out OF tlns oouhid
interpretations II was for Congress usdf
choose 1d''een tNe'' tloo rays' AMI gre Hepar
I 10 me AfesideW on Me WoWa q policy ort1
d'eHcy
4 We now look therefore to see who were for f
4 Congressional choice Of ray and Find eight mer
bers' TO witt Mr.. Benson, because the Constr
ton g Is not explicit as to the power Of supr
dure Mr. Vining. because it was "pruden.
make legislative declaration Of the sentiments
Congress Mr. Boudinot, because he wished
give legislative construction Mr. Thst1la
because ut IS necessary to have some mode o.
moyal other than Impeachment Mr.. AIadr,
because " fit is nothing more than a clear gr-
made by the constitution, It can do no harm a
II 1t relates to doubtful part Of the constitute
! suppose an exposition of the constitution m
come with as much proPrieiy from the Legislalr
LCongressl as any other department of the gs
eminent. II the power naturally belongs 70 O.
government, and The constitution Is UNDECIDED
to the body 'chicd is to exercise e 1.-THE very ,is
under consideration il is likely that IL is i1
united to Tho discretion Of the Legislature, [Co
gress,l and the question will depend upon is On
} merits" That is, Congress will bestow the pou
where it thinks best Mr.. Ames stated the $40
principle, that Congress is to PIT ne porer rl.
il pleases, but with less decentralization. Hena
) % the power OF removal is incident to govenmet
} 5ia not being distributed By the constitution
! ioiR come before the Legislature ICougrcssl SRI
like every other omitted case, must be supp'a
f BY iaio.' Mr.. sherman, without giving up
; question either way, 4. c. as to the Preside
r alone, or concurrently with the Senate, hols
) gentlemen would consent to make general ls
declaring the proper mode of removal Mr. L.
/ at the opening declared his opinion that the ml
ter " is in the gift of the Legislature
After this review Of the matter. il is hardly De-
cessary to say that the question was debated. d,
merely as a constitutional one. but one Of exp.
0 diency, whether the power Of removal should
sole or concurrent, and question of expedienr
which it was in the poorer Of Congress TO sett
e Messrs. Madison and Ames distinctly avowed 81.
when they argued for giving the power to the Pr
ident and the only force Of Mr. Aladison's arg
? ment on the power Of the President as inedea
Q to Executive power, is to show hat Conqyess ma
D GRE il to the President; for he had himself OH.
+ inally held that it was in the President and Sena.
and could not deny, on his own rule Of action, L
] Congress could also give it to them, il it thong.
: best to DO SO.
OF the eight members who argued for Co,
I gressiunal declaration, seven we're for giving d
power to the President, and their votes settled %
c question: For if they had been required to 30
that the President has the exclusive power by ii
1 const tuition, they could not have voted for d
+ bill, their reasons for asking a Congressional
b claration being, as Mr. Ames said that the pows
has mot been distributed 10y the Conshtutiou
e Hence. as the question was finally settled by on.
two majority, 1t would have been reversed If it b.
! been put on the ground that the President eYll.
siyely has the power by the Constitution. Indeed
u II that were SO, no declaration Of Congress, Do
! statute whatever, would have been necessary.
e The clear result Of this examination is, that, .
the unanimous opinion of the Congress Of l7S
the Constitution does not specifically a" distrbua