Buchanan County bulletin and guardian. (Independence, Iowa) 1866-1869, 1868-03-27
sPEECaa OF NOV. W. .. ALLISON
or IOWA,
liz TIE House. or RErREscYrATivEs,
@M L,al..u-.. a. tcco

l
February ~, 1863,
The House being in the COMMITTEES Of th,
Whoh on ths articles of impeachment re
ported from the committee.
Mr. ALLISON. Mr.. Chairman, in dis
cussing the question now before Tie com
mittes shall endcavor to treat the subiec
with tha seriousness and gravity which IL
importance demands. The resolution pro
poses todemsnd Of the Senate, sitting o.
high co,Tt Of impeachment, trial Of ths
highest executive officer Of tho nation fol
high crimes and misdemeanors in ofice
When this subject was before the House in
DecembSr last voted with the majority o
Republicans against similar resolution
rather because I believed 1t was better "a
endure, 4 possible, for brief time, bad
Presiden, than 10 undertake his impeach,
ment, especially when felt the importance
Of speedy legislation upon matters affecting
the material and industrial interests Of the
country. see, however, now, no alterna>
tive prennted 70 ~ bnt the i'm peachment Of
the President or m absolute surrender OF the
legislative fswer Of the nation to . usurpins
President do but state the truth when
say that the President has willfully, deliber-
atsly, and cfiminally violated the Constitu,
ton Of our cosntry, his oath Of office, and
the laws u the United Sttes. Firmly be.
lieving this, shall vote for the articles pre-
sented to US By the committee.
| The facts now presented are 20 palpabls
that the friends Of the President do not con :
ssovert them, but rather seek to excuse him
on the ground that he IL acting within the
Constitution, and that the laws which be has
so plainly violated are themselves in contra
vention ofths terms Of that instrument. The
President has pretended TO remove from OF.
Geo by executive order the Secretary Of War,
and has preiended to appoint by similar
order another officer unknown to the law,
designating him Is Secretary Of War ad in,
serim, during . session OF Congress, and
while the Senate is in session. If he has
under the Constitution and laws this extra,
ordinary power, then the articles should not
be adopted and sent 10 the Senate If he
cannot exercise this power there should be
no objection to their adoption. l know Of
no instance in the history Of our 0overn>
ment where such power has been exercised
during the sessions Of the Senate, and TO ad.
NIT Of ito exercise now would be sowing the
seeds Of the royal prerOgatives, the end of
which would be subveui0n Of the liberties
Of the people and plaes the civii adminis>
tration Of the Government and the Army
and the Navy within the despotic win and
control Of one maa unrsstrained by law.
The Constitution u silent upon the SUBJ
ject of removals from Office, except in case
of impeachnent I; but, inasmuch as the iudg.
es ofthe Supreme Court and the judges Of
such inferior courts % Congress may from
=. 49, l. L.. Ak ~
Constitution, held their Offices during good
behavior, it would seem inat the trainers of
the Constitution intended thit other Offices
would Be held BY . di1lrent tenure. II =
true they provided in The Constitution for re-
movals by inpeachnent, but this obviously
slow method cSnnot always be resorted to,
therefore it seems that impliedly the power
Of removal exists somewhere; Il was claim.
ed to-day BY the honorable member from
Pennsylvania Nj. Woodward that this pew.
er Of removal is necessarily incident to the
executive power, and is given to the Presi-
dent BY the frst clause of The first section Of
the second article Of the Constitution, which
says:
"Ths sxscutive power shall bs vested in
President Of the United States Of Ameri-
ca"
And he quotes !. s.ppert Of hia view the
debates Of 1889, wherein this power was
claimed for the President by Mr.. Madison
and others in the House of Representatives.
have examined, these debates, and / find
. nearly equally divided judgment, the pow>
Or being consented to by the vote Of the Pre~
siding Officer OF the Senate, and the argu-
ment Of those who favored this construction
sucs ,fe>x4,, f1a- koo L. LII
the power should be brought into requisition
in extraordinary cases, during the vacations
Of Congress, when the Senate would not b
In session. Its1 aif6cslt to sse how the pow.
Or Of removal is necessarily incident u the
executive power in srspublican government
II we assimilate i 70 the excessive power nm
der our various State constitutions We find
that no Stats executive has ever assumed 20
sxtssordinasy pssregativs. If this power
i absolutely given in the 6rst clause quoted |
i Is not subject 70 Legislative control, and |
the effect Of its exercise would be to nuliify |
the provisisa a ths second section Of the |
same article, which deelares-
That tie President shall nominate, aud !
By and with the advics and consent Of the |
Senate shall appoint, embassadors, other |
public ministers, consuis, Judges Of the Su. |
preme Court, And ell other officers of The |
United Stasss whe0 appointments arS not |
herein otherwise provided for, aud which |
shall be establishsd BY law."
But if the defenders Of the President base !
his action upon this construction Of the Con.
stitutioa thsy must adopt the whole argu> |
ment Of thoes Who early claimed this con-
struction, all of whom declare in the debate
referred to that > wsnton removal Of . wor> |
thy man from 0fiee OF the abuse Of the pow
er, merely to CRAFTY the caprice Of Prssi> |
dent, would, in itself, be . high misdemeAnor |
in ofics and require Congress to invoke the |
power Of impeachment. The better inter- !
probation Of the Constitution, Il seems to me,
is that the power Of removal is incident to
the power Of appointment, and can only be !
exercised under the Constitution with the |
concurrence of the Senate.
This was the construction given to the |
Constitution while il was pending for rati6> |
cation BY the seventy y-sevsnth numbee of the |
Federalist, wherein il is observed "The |
consent Of the Senate would be necessary to |
displace, as well as TO appoint" &C., and in
the debates during the administration Of
General jackson was acqnisscsd in by the
leading minds CT the Senate, aud resolutions
were offered By Mr.. Clay, March 6, 1884,
and ably defssded BY him, embodying al
most the language of the teaursfof office act.
DuriAg this debate he protested, a. did 9TH
ers, against the Interpretation made By the
Cougrsss Of 1889, BY the casting vote Of the
Presiding Officer ofthe Senate.
Those Who framed tAe Coastikusiop we're
not willing 10 trust this high power Of ap.
pointment 70 single man, bat placsd in tia
hands Of the President and the Representa-
tives q all ths States assembled ~ : Senate;
and this has been the uniform construction
of the Constitution, % far - know, when>
ever the Senate has been q session, the pow.
er of removal being exercised by the nomi>
nation of the PRECEDENT, and the confE0a-
ten by the Senate Of another person instead
Of the one sought to be removed. Il is true
that the practice has long prevailed Of remov-
ing officers during the recess of the Senate,
thus creating vacancies, which have been
temporarily filed up BY granting commiss>
ions undeg the lastsciause ef the second sec>
ton of tho secoM erdcle AZ the Gonstitution,
but il, no instancs has this power been ex.
ercised during the sessions Of the Senate.
But he President has not contented him>
self with removing the Secretary of War du.
ring the session Of the Senate in . way un>
known to the Constitution and contrary to
the practice Of the Govsrnment but he has
also appointed OF attempted to appoint by