Page:Debates in the Several State Conventions, v4.djvu/414

398 destroy a monster whose voracious and capacious jaws could crush and swallow up themselves and their posterity.

The principles of this Constitution, while they are adhered to, will perpetuate that liberty which it is the honor of Americans to have well contended for. The clause in the bill is calculated to support those principles; and for this, if there was no other reason, I should be inclined to give it my support.

Mr. LIVERMORE. The decision of this question depends upon the construction of a short clause in the Constitution, in which is designated the power of the President. It is said he shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur. He shall nominate, and, by and with the advice and consent of the Senate, appoint ambassadors, other public ministers, and consuls, justices of the Supreme Court, and all other officers of the United States. Such strange constructions have been given to this advice and consent of the Senate, which, if agreed to, will make the whole Constitution nothing, or any thing, just as we please. If we can deprive the Senate of their powers in making treaties, and say, with truth, that they have no authority in the business, the legislature will become a dangerous branch of the government. So, in the case of appointing officers, if it can be truly said that these heads of departments are the servants of the President alone, we shall make the executive department a dangerous one.

I do not admit that any man has an estate in his office. I conceive all officers to be appointed during pleasure, except where the Constitution stipulates for a different tenure—unless, indeed, the law should create the office, or officer, for a term of years. After observing this, I must contend that the power of removal is incidental to the power of appointment. If it was the President alone that appointed, he alone could displace. If the President and Senate, by a joint agreement, appoint an officer, they alone have the power to supersede him; and however any gentleman may say he doubts, or does not understand, the force of this principle, yet to me it appears as clear and demonstrable as any principle of law or justice that I am acquainted with. There is another method to displace officers expressly pointed out by the Constitution; and this implies, in the clearest manner, that in all other cases officers may be removed at pleasure; and if removed at pleasure, it must be at the pleasure of the parties who appointed them.

Congress are enabled, by the Constitution, to establish offices by law. In many cases they will, no doubt, vest the power of appointing inferior officers in the President alone. They have no express right, by the Constitution, to vest in him the power of removing these at pleasure; yet no gentleman will contend but inferior officers ought to be removable at pleasure. How, then, can the President acquire this authority, unless it be on the principle that the power of removal is incidental, and the natural consequence of the power of appointing. If gentlemen will maintain consistency, they will be compelled to acknowledge the force of this principle and if they acknowledge the principle, they must agree to strike out the words.

Mr. MADISON The question now seems to be brought to this—whether it is proper or improper to retain these words in the clause, provided they are explanatory of the Constitution. I think this branch of the legislature is as much interested in the establishment of the true meaning