388
CONSTITUTION OF THE U. STATES.
[BOOK III.
abuse to such an alarming degree; the whole correspondence of the country is so completely submitted to the fidelity and integrity of the agents, who conduct it; and the means of making it subservient to mere state policy are so abundant, that the only surprise is, that it has not already awakened the public jealousy, and been placed under more effectual control. It may be said, without the slightest disparagement of any officer, who has presided over it, that if ever the people are to be corrupted, or their liberties are to be prostrated, this establishment will furnish the most facile means, and be the earliest employed to accomplish such a purpose.[1]
§ 1531. It is observable, that the constitution makes no mention of any power of removal by the executive of any officers whatsoever. As, however, the tenure of office of no officers, except those in the judicial department, is, by the constitution, provided to be during good behaviour, it follows by irresistible inference, that all others must hold their offices during pleasure, unless congress shall have given some other duration to their office.[2] As far as congress constitutionally possess the power to regulate, and delegate the appointment of "inferior officers," so far they may prescribe the term of office, the manner in which, and the persons by whom, the removal, as well as the appointment to office, shall be made.[3] But two questions naturally occur upon this subject. The first is, to whom, in the absence- ↑ It is truly surprising, that, while the learned commentator on Blackstone has been so feelingly alive to all other exertions of national power and patronage, this source of patronage should not have drawn from him a single remark, except of commendation. 1 Tuck. Black. Comm. App. 264, 341, 342.
- ↑ 1 Lloyd's Debates, 511, 512.
- ↑ See Marbury v. Madison, 1 Cranch, 137, 155.
