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No one denied the power of the
President and Senate jointly to remove where the tenure of the office
was not fixed by the Constitution, which was a full recognition of the
principle that the power of removal was incident to the power of
appointment; but it was very early adopted as a practical construction
of the Constitution that this power was vested in the President alone,
and such would appear to have been the legislative construction of the
Constitution, for in the organization of the three great Departments of
State, War, and Treasury, in the year 1789, provision was made for the
appointment of a subordinate officer by the head of the Department, who
should have charge of the records, books, and papers appertaining to the
office when the head of the Department should be removed from office
by the President of the United States. When the Navy Department was
established, in the year 1798, provision was made for the charge and
custody of the books, records, and documents of the Department in case
of vacancy in the office of Secretary by removal or otherwise.


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