Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/403

was opposed, as well as supported, by the highest talents and patriotism of the country. The public, however, acquiesced in this decision; and it constitutes, perhaps, the most extraordinary case in the history of the government of a power, conferred by implication on the executive by the assent of a bare majority of congress, which has not been questioned on many other occasions.^[1] Even the most jealous advocates of state rights seem to have slumbered over this vast reach of authority; and have left it untouched, as the neutral ground of controversy, in which they desired to reap no harvest, and from which they retired without leaving any protestations of title or contest.^[2] Nor is this general acquiescence and silence without a satisfactory explanation. Until a very recent period, the power had been exercised in few cases, and generally in such, as led to their own vindication. During the administration of President Washington few removals were made, and none without cause; few were made in that of the first President Adams. In that of President Jefferson the circle was greatly enlarged; but yet it was kept within narrow bounds, and with an express disclaimer of the right to remove for differences of opinion, or otherwise, than for some clear public good. In the administrations of the subsequent presidents, Madison, Monroe, and J. Q. Adams, a general moderation and forbearance were exercised with the approbation of the country, and without disturbing the harmony of the system. Since the induction into office of President Jackson,

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1. 1 Kent's Comm. Lect. 14, p. 289, 290.
2. Mr. Tucker in his Commentaries on Blackstone scarcely alludes to it. (See 1 Tucker's Black. Comm. App. 341.) On the other hand, Mr. Chancellor Kent has spoken on it with becoming freedom and pertinence of remark. 1 Kent's Comm. Lect. 14, p. 289, 290.