the departments; and therefore the gentleman's objections fall to the ground.
The dangers which lie against investing this power jointly in the Senate and President, have been pointed out; but I think them more than counterbalanced by the dangers arising from investing it in the President alone. It was said that the community would take part with the injured officer against the President, and prevent his reelection. I admit that the injured officer may be a man of influence and talents; yet it is fifty to one against him, when he is opposed by such a powerful antagonist. It is said that, if the Senate should have this power, the government would contain a two-headed monster; but it appears to me, that if it consists in blending the power of making treaties and appointing officers,—as executive officers, with their legislative powers, the Senate is already a two-headed monster. If it is a two-headed monster, let us preserve it a consistent one; for surely it will be a very inconsistent monster, while it has the power of appointing, if you deprive it of the power of removing. It was said that the judges could not have the power of deciding on this subject, because the Constitution was silent; but I may ask if the judges are, ex officio, judges of the law; and whether they would not be bound to declare the law a nullity, if this clause is continued in it, and is inconsistent with the Constitution. There is a clause in this system of government that makes it their duty: I allude to that which authorizes the President to obtain the opinions of the heads of departments in writing; so the President and Senate may require the opinion of the judges respecting this power, if they have any doubts concerning it.
View the matter in any point of light, and it is utterly impossible to admit this clause. It is both useless and unnecessary; it is inconsistent with the Constitution, and is an officious interference of the house in a business which does not properly come before them. We expose ourselves to most dangerous innovations by future legislatures, which may finally overturn the Constitution itself.
Mr. BENSON. I will not repeat what has been said to prove that the true construction is, that the President alone has the power of removal, but will state a case to show the embarrassment which must arise by a combination of the senatorial and legislative authority in this particular. I will instance the officer to which the bill relates. To him will necessarily be committed negotiations with the ministers of foreign courts. This is a very delicate trust. The supreme executive officer, in superintending this department, may be entangled with suspicions of a very delicate nature, relative to the transactions of the officer, and such as, from circumstances, would be injurious to name: indeed, he may be so situated, that he will not, cannot, give the evidence of his suspicion. Now, thus circumstanced, suppose he should propose to the Senate to remove the secretary of foreign affairs: are we to expect the Senate will, without any reason being assigned, implicitly submit to his proposition? They will not.
Suppose he should say he suspected the man's fidelity: they would say, "We must proceed farther, and know the reasons for this suspicion;" they would insist on a full communication. Is it to be supposed that this man will not have a single friend in the Senate who will contend for a fair trial and full hearing? The President, then, becomes the plaintiff, and the secretary the defendant. The Senate are sitting in judgment between the chief magistrate of the United States and a subordinate officer. Now, I submit to the candor of the gentlemen, whether this looks like good government.
