Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1868-04-03
Removals from Ofice-Renry Clay
the Author Of the TenuTs-of-0fiCe
Bill

TFrom the Frankfort CZy.) Commonwealth
1t SO happens that Henry Clay was
the author Of this bill. In 1888. there
vas a lengthy discussion In the Senate
of the United States upon the power
lf apDOintment and removal. Ihe
Constitution, it will be remembered
Is wholly silent on the question OF re-
mOval. To a pending bill. Henry
Clay offered the following amendment:
BE Il further enacted, j hat IN all
instances of appointments TO Office By
the President, By and with the advice
and consent of the Senate, the power
of removal shall be exercised IN con-
eurrence with the Senate and when
Senate is not in session, the President
NAV suspend any such OthCer, ommu-
uicatiDg his reasons for the suspension
during the first mouth of its succeeding
session. and if the Senate concur with
him. the officer shall be removed but
ifit do not concur with hIm the oHnceF
shall be restored to Office.
This amendment covers the whole
ground assumed In the Tenure-ot-of.
fee law. II Is that Law in condensed
form. 1t contains every principal OF
that law.
Mr.. Clay supported his position by
the following arguments, among 9TH
ers ,.-L
creates the Office, defines its duties and
nav prescribe its duration. L speak,
/ of course, of officers not created BY be
/ Constitution, but the law. The othce
coming into existence by the will Of
/ Congress, the same will may provide
/ how and what manner the Othce and
/ officer shall cease to exist. lt may dl-
/ rect the conditions on which be shall
hold the Office, and when and how ne
shall be dismissed. Suppose the Con-
stitution had omitted to prescribe the
tenure of the judicial oath, could not
| Congress do it?
But the Constitution has not fixed
the tenure of any subordinate officers
and therefore GOBEre may supply
! the omission. It wound be uBreasOn.
able to contend that although Con
| gress. in pursuance of the public good
| brings the Office and the officers IntC
being. and assigns their purposes, yef
the President has a control over the
/ nfficer which Congress can not react
Ind reg,1late The prece
dent of 1889 was established in the
/ House of Representatives against thu
opinion of a large and able minority
and in the Senate by the castings. vote
Of the Vice President. John Adams
It is impossible to read the debate
which it oceasiOned without being I'm
pressed with the conviction that thu
lust confidence reposed in that fathe,
of his country, then at the head of the
/ Government, had great. if not decI
sive influence in establishing 1t. L
] has never, prior to the commencement
l0f the present Administration beel
submitted to the process of review.
X No one can carefully examine
the debate in the House of Repre-
.entatives in 1889, without beinl
struck with the superiority of the ar
pument on the side of the minority
a0d the unsatisfactory nature Of tha
Daniel Webster agreed with MI
IClay in his position, in the following
language used by him on the coca
sion
I think, then, sir, that the power Q
appointment naturally and necessarlI
: includes the Hower of removal, wher
no Gmltation Is expressed, nor an
tenure but that at will declared. Tn
power of appointment being conferre
on the President and Senate, I thin
the power of removal went along will
: it, and should have been regarded as
part Of it, and exercised by the sam
hands. I think the Legislature pos
sesses the power of regulating the con
, dition, duration. qualification and ten
} ure OF Office in all cases were the Con
> stitution has made no express prOvi
sion on the subject. l am, therefore
! of opinion, thai tbs competent for Cou
gress to decide by law, as one qualif
, cation of the tenure of Office, that tn
Incumbent shall remain In place tI
the president shall remove him, fo
: reasons to be stated to the Senate
And I am of opinion that this qualif
! cation, mild and gentle as it Is, wi
! have some effect in arrestiDg the evil
which beset the progress of the Gov
/ ernment, and seriously threaten It
: future prosperity.
: This view was sustained by th
, Hon. Thomas Ewing, Of Ohio
Mr. Ewing spoke at length upo
) the question of removals. maintainln
: that the Constitution does not confe
, on the President alone the power c
'emoval-that it is a matter Of legis
lative provision, subject to be vestec
. modified. changed, or taken away 9
: their will and if it is not regulated q
: all by law, 1t rests in the President, /
conjunction with the Senate, as part c
the appointing power"
These authorities settle coDclusl
vely that Henry Clay, Daniel Webster
Thos Ewiuu and others we're heaTtI