and inconsistent with the requirement that appointments
should be made with the advice and consent of the
Senate. The debate soon became heated. “Let
us look around at this moment,” said Jackson
of Georgia, “and see the progress we are making
toward venality and corruption. We already hear
the sounding title of
Highness and
Most
Honorable trumpeted in our ears, which, ten years
since, would have exalted a man to a station as high
as Haman’s gibbet.” Page of Virginia
was ablaze with indignation. “Good God!”
he exclaimed. “What, authorize in a free
republic, by law, too, by your first act, the exertion
of a dangerous royal prerogative in your Chief Magistrate!”
Gerry, in remarks whose oblique criticism upon arrangements
at the President’s house was perfectly well understood,
dwelt upon the possibility that the President might
be guided by some other criterion than discharge of
duty as the law directs. “Perhaps the officer
is not good natured enough; he makes an ungraceful
bow, or does it left leg foremost; this is unbecoming
in a great officer at the President’s levee.
Now, because he is so unfortunate as not to be so good
a dancer as he is a worthy officer, he must be removed.”
These rhetorical flourishes, which are significant
of the undercurrent of sentiment, hardly do justice
to the general quality of the debate which was marked
by legal acuteness on both sides. Madison pressed
home the sensible argument that the President could
not be held to responsibility unless he could control
his subordinates. “And if it should happen
that the officers connect themselves with the Senate,
they may mutually support each other, and for want
of efficacy reduce the power of the President to a
mere vapor; in which case, his responsibility would
be annihilated and the expectation of it unjust.”
The debate lasted for several days, but Madison won
by a vote of 34 to 20 in committee, in favor of retaining
the clause. On second thought, however, and probably
after consultation with the little group of constructive
statesmen who stood behind the scenes, he decided that
it might be dangerous to allow the President’s
power of removal to rest upon a legislative grant
that might be revoked. When the report from the
committee of the whole was taken up in the House, a
few days later, Benson of New York proposed that the
disputed clause should be omitted and the language
of the bill should be worded so as to imply that the
power of removal was in the President. Madison
accepted the suggestion, and the matter was thus settled.
The point was covered by providing that the chief
clerk of the Department should take charge “whenever
the principal officer shall be removed from office
by the President.” The clause got through
the Senate by the casting vote of the Vice-President,
and a similar provision was inserted, without further
contest, in all the acts creating the executive departments.
It is rather striking evidence of the Utopian expectations
which could then be indulged that Daniel Carroll of
Maryland was persistent in urging that the existence
of the office should be limited to a few years, “under
a hope that a time would come when the United States
would be disengaged from the necessity of supporting
a Secretary of Foreign Affairs.” Although
Gerry and others expressed sympathy with the motion
it was voted down without a division.