The question has often been raised in subsequent times of high
excitement, and the practice of the Government has, nevertheless,
conformed in all cases to the decision thus early made.
The question was revived during the Administration of President Jackson,
who made, as is well recollected, a very large number of removals, which
were made an occasion of close and rigorous scrutiny and remonstrance.
The subject was long and earnestly debated in the Senate, and the early
construction of the Constitution was, nevertheless, freely accepted as
binding and conclusive upon Congress.
The question came before the Supreme Court of the United States in
January, 1839, _ex parte_ Hennen. It was declared by the court on that
occasion that the power of removal from office was a subject much
disputed, and upon which a great diversity of opinion was entertained in
the early history of the Government. This related, however, to the power
of the President to remove officers appointed with the concurrence of
the Senate, and the great question was whether the removal was to be
by the President alone or with the concurrence of the Senate, both
constituting the appointing power.
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