Idaho semi-weekly world. (Idaho City, Boise County, Idaho Territory) 1867-1868, 1868-03-25

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A writer il the New York World cites III
following opinions * tie ffamersof the Con
stitution upon "a epesllon # fhe authority o
the President . 90 that tot which the Radi
Gals propose q inpdpeA hin spd remove him
from ofIIces ]. ...:
on the 1eta AZ q sly, l7so, IN House d
Representatives AZ tie Congress Of the United
States, being II CoElnittee &C tho Whole, Mr.
Trumbull in the Chair, had under CONSIDERS
ton motion introduced BY Mr.. Madison, 81
follows ]" That 1it ID the opinion Of this Com.
mittee that there shall be established on Exec
utive Department., 10 be denOminated the De-
partment of Foreign Affairs ct the head 81
which there shall be an officer, sChO shall Be
appointed By the Prcsident, By and NTH the ad-
vice and conssst Of the Senate; and to be re.
moved by the President Also, similar mo.
ton in regard to . Trearury Department and
q War Department.
Mr.. Smith. Of South Carolina, moved to
strike out the words. who shall be- appointed
by the President, BY and with the advice and
consent of the Senate" He conceived the
words to be unnecessary; besides, it looked a.
If they were comforting power, which was not
the case, for the Constitution had expressly
given the power Of appointment in the words
then used. He also objected to the subsequent
part of the paragraph, because IL declared the
President alone - have the power OF removal.
Mr.. Madison thought there could be no iaju-
ry in declaring In the resolution the constitu.
tional mode 81 appointing the heads Of depart
ments; however, Il gentlemen were uneasy,
he would not object 70 strike 1t out. The ques-
ton was taken on striking out those words aud
carried in the affirmative.
The committee then proceeded TO the dis
cussion Of the power of the President 10 re-
move this officer. en
Mr. smith said he had doubts whether the
officer could be removed by the President He
appreheaded he could only be removed by an
impeachment before the senate. and that, being
once in Office. he must remain there until con-
victed by impeachment. He wished gentle
men would consider this point well before they
decided it.
Mr. Madison did not concur with the gentle
man in this Interpretation OF the Constitution.
What, said he, would be the consequences Of
such construction It would in effect estab-
lish every officer of the Government on the
firm tenure of good behavior; not the heads
Of departments only, but all the inferior off,
GERS OF those departments would hold their
ofiices during good behavior, and that 10 be
judged ef By one brdack Of the Legislature only
on he impeacAment Of the other. IL the Con-
stitution means this by it, declarations TO be
tho case. we must submit but should lament
it 90 fatal error interviewer In the system,
and one that would ultimately prove ito de-
think the inference would not
arise from fair construction Of the words Of
that instrument
thiRk u absolutely necessary that the Pres
idcHt shonld hare tAe poscer Of rcmoring from
Office; it viii make him. in q peculiar manner,
responsible for their conduct. AND ssbicci him
10 Impeachment himself if he suffers them %
pcrpetrats with impunity high crimes and mis-
dcmeanors against the United States, or neg
lccts 20 superintend their conduct 30 "a 20
check their excesses. ON The comsfifatioRdlify
" this declarations harc no warner Of doubt.
Mr.. Goodhue said it was the peculiar duty
u the President 10 watch over the Executive
but ofwhat avail would be HE inspec.
ton, unless be had power 70 correct the
abuses be might discoveri
Mr.. Clymer said the power Of removal was
~ executive power, and a. such belonged 20
the President alone, BY the express words Of
the Constitution: .The executive power shall
be vested In President Of the United States
Df America" The Senate was not an execu.
live body; they were legislative one IL was
true, In some instances. they held qualified
rheck over the executive power, but that was
IN consequence Of an express declaration In the
Constitution; without such declaration they
would not have been called upon for advice and
consent In case Of appointment Why then
'hall we extend this pvwer TO control the re. |
noval which Il naturally In the Executive, an-
eos q is likewise expressly declared in the
After . lengthy discussion by the members
he question was taken and carried by a con. |
majority, In favor Of declaring the |
,ower ofremoval 10 be In the President.
This declaration, remember, was made BY |
he first Congress Of the United States, seven
y-nine years ago. That Congress was com.
,esed, in part, Of the men who had been Nom. |
'ers Of the Convention that framed the Con-
titution. They declared, after full considcra- |
ion and debate, that the President derived the |
,ower Of removal from the Constitution itself. |
md, in effect, that Congress had no power to
the Senate q judge or court to de-
.ide the question Of removal
The Practice Of every Administration has
,ecn In accordance with that declaration from |
he beginning Of the Government down to the
ime Of the present |" Rump." g
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