Page:The American Democrat, James Fenimore Cooper, 1838.djvu/42

36 removed by death, or impeachment, as it is clear no other branch of the state, separately, or in connection with a second, possesses this authority. A brief examination of the instrument will demonstrate this truth, the reader bearing in mind that there is now question, only, of those officers who are appointed by the executive, and not of those who are appointed by the courts of law, or the heads of departments.

The language of the constitution is as follows:—"He (the president) shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators concur; and he shall nominate, and, by and with the advice and consent of the senate, appoint ambassadors," &c. &c. and all the other officers of the government, with the exceptions already named. From this phraseology it has been contended that, as the senate has a voice in appointing, it ought to have a voice in removing from office, the constitution leaving the latter authority entirely to construction.

In addition to the paragraph just quoted, we find that "he (the president) shall commission all officers of the United States." All the direct provisions of the constitution on this subject, are contained in these two parts of sections.

The pretension in behalf of the senate's voice in removals, is made under an erroneous notion of its power in appointments. The senate in no manner appoints to office. This is proved by the language of the constitution, which reads, by taking away the parenthetical part of the sentence, "he (the president) shall appoint," &c. &c. In no other way, can grammar be made of the sentence. The president, therefore, and not the senate appoints to office, and by construction, the president decides on the removal. The consent of the senate, in the cases of treaties and offices,