Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/404

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396
CONSTITUTION OF THE U. STATES.
[BOOK III.

an opposite course has been pursued; and a system of removals and new appointments to office has been pursued so extensively, that it has reached a very large proportion of all the offices of honour and profit in the civil departments of the country. This is matter of fact; and beyond the statement of the fact[1] it is not the intention of the Commentator to proceed. This extraordinary change of system has awakened general attention, and brought back the whole controversy, with regard to the executive power of removal, to a severe scrutiny. Many of the most eminent statesmen in the country have expressed a deliberate opinion, that it is utterly indefensible, and that the only sound interpretation of the constitution is that avowed upon its adoption; that is to say, that the power of removal belongs to the appointing power.


  1. In proof of this statement, lest it should be questioned, it is proper to say, that a list of removals (confessedly imperfect) between the 4th of March, 1829, when President Jackson came into office, and the 4th of March, 1830, has been published, by which it appears, that, during that period, there were removed, eight persons in the diplomatic corps; thirty-six in the executive departments; and in the other civil departments, including consuls, marshals, district attorneys, collectors, and other officers of the customs, registers and receivers, one hundred and ninety-nine persons. These officers include a very large proportion of all the most lucrative offices under the national government. Besides these, there were removals in the post-office department, during the same period, of four hundred and ninety-one persons. (See Mr. Post-Master General Barry's Report of 24th of March, 1830.) This statement will be found in the National Intelligencer of the 27th of Sept., 1832, with the names of the parties (except post-masters;) and I am not aware, that it has ever been denied to be correct. It is impossible for me to vouch for its entire accuracy. It is not probable, that, from the first organization of the government, in 1789, down to 1829, the aggregate of all the removals made amounted to one third of this number. In President Washington's administration of eight years, only nine removals took place. See Mr. Clayton's Speech in the Senate, on the 4th of March, 1830.